HomeMy WebLinkAboutA5878 - CASA REAL ESTATE SIA WHICH WAS NEVER EXECUTED Page 1 of 1
Kathie Hart
From: Carol Templeton
Sent: June 28, 2011 8:42 AM
To: Kathie Hart
Subject: Casa Real Estate SIA(A5878)
Kathie,
The Improvement Agreement referred to above can be closed out. The bond associated with it must stay in place
however
Thanks,
Carol Templeton, Engineering Associate
City of Palm Springs Engineering Division
Direct(760) 323-8253 Ext, 8741
Fax (760) 322-8360 or 322-8325
Please note new email address:
Carol.templeton@palmspringsca gov
http.//www gcode.us/codes/palmsprings/view.php
NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC
ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM
CONFIDENTIALITY NOTICE—This e-mail transmission,and an} documents,files or previous e-mail messages attached to
it ma-, contain information that is confidential or legally privileged.if you are not the intended recipient,or a person
responsible for delivering it to the intended recipient,-you are hereby notified that you must not read this transmission and that
any disclosure.copy ing,printing, distribution or use of any of the information contained in or attached to this transmission is
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at(760)32'-8253 X8741 or return e-mail and delete the original transmission and its attachments%N ithout reading or saving in
an,, manner.
NOTE FOR FILE:
The Subdivision Improvement Agreement(SIA) was never fully executed.
The SIA was signed by Casa Real Estate, but not City.
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b, a�• 1�
06/28/11
DOCUMENT TRACKING
Page:1
Report: One Document Detail November 30,2009
Condition: Document Number a5878,
Document# Description Approval Date Expiration Date Closed Date
A5878 SIA Estrella Inn,Case 5 0909 09/17/2003
Company Name: Casa Real Estate
Address: Mr.Brad Korzen, President, 5750 Wilshire Blvd.,Suite 500,Los Angeles,CA 90036
Contact: Mr.Korzen
Group: PLANNING
Service: In Process
xRef: CRAIG EWING (760)323-8245
Ins.Status: Certificate and Policies are OK
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
Bond in the amt of$171,909.on file
kdh Res 20741 (approved but never executed) 09/17/2003
kdh Amend 1 (sent to us by Craig)sent to Korzen 08126/2009
kdh CUP&Determination of Compliance-Item 2N 09/02/2009
Track Notes: 2.U. VICEROY HOTEL CONDITIONAL USE PERMIT UPDATE ON CONDITIONS OF APPROVAL AND
DETERMINATION OF COMPLIANCE,LOCATED AT 415 S. BELARDO ROAD(CASE NO.5 0909-CUP):
ACTION Receive and File.A5878. Motion Mayor Pro Tern Mills,seconded by Councilmember Foat and unanimously
carried on a roll call vote.
* ****END OF REPORT******
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Office of the City Clerk
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August 26, 2009
A5878
Mr. Brad Korzen, President
Casa Real Estate
5750 Wilshire Blvd., Suite 500
Los Angeles, CA 90036
Dear Mr. Korzen:
Please find enclosed two copies of Amendment No. 1 to the Subdivision Improvement
Agreement relating to the Estrella Inn (Viceroy), Case No. 5.0909, for signature. Please
return both copies to my attention. Upon receipt I will circulate it for signature, and will
return one fully executed copy to you.
I may be reached at (760) 323-8206 if there are any questions and/or if additional
information is required.
Sincerely,
Kathie Hart, CMC
Chief Deputy City Clerk
/kd h
Encl.
Post Office Box 2-74; 1 Palm Springs, California 9 216i--743
AMENDMENT NO. 1
IMPROVEMENT AGREEMENT
CASA REAL ESTATE FOR THE ESTRELLA INN
(VICEROY)
CASE NO. 5.0909
THIS AMENDMENT NO. 1 ("Amendment") to Improvement Agreement between
the City of Palm Springs and Casa Real Estate for the Estrella Inn, dated March
17, 2003 ("Agreement") is made and entered into on this _day of August, 2009,
by and between the City of Palm Springs ("City") and Casa Real Estate for the
Estrella Inn ("Improver"), as follows:
1. Recital B of the Agreement is amended to read:
B. The Conditional Use Permit, as amended, requires the construction
of on-site and off-site improvements. Collectively referred to as "Improvements"
as more particularly described in the street improvement plans for Cahuilla Road
and Belardo Road for the Estralla Inn (now Viceroy), prepared by Stantec
Consulting, Inc., approved July 19, 2007, reference File No. E-3333 and on file in
the Public Works Department of City.
2. Section 2.1 of the Agreement is amended to read:
2.1 Commencement and Completion Dates. Subject to Section 2.2.
and 2.3 of this Agreement, Improver shall (i) commence with construction of
improvements by July 15, 2003 ("Commencement Date"); and (2) complete or
cause to be completed the construction of improvements according to the
schedule of performance contained in Exhibit "A" to this Agreement.
3. Exhibit "A," attached to this Amendment, is made a part of the Agreement.
4. Except as specifically amended in this Amendment, all of the terms and
conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this
Amendment as of the date provided above.
IMPROVER:
CASA REAL ESTATE
a Limited Liability Corporation
Brad Korzen, President
ATTEST: CITY OF PALM SPRINGS
A California Charter City
City Clerk City Manager
Approved as to Form:
City Attorney
MAR-19-2003 WED 10:22 AM C I V F PALM SPRINGS ' FAX; NO, 7604360 P. 02
IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
CASA REAL ESTATE FOR THE I`STRELLA INN
RELATED CASE NO. 5.0909
THE ESTRELLA INN
415 BELARDO ROAD
MARCH 17, 2003
:MAR-19-2003 WED 10:22 AM 0I&F PALM SPRINGS FAX NO, 76040360 P. 03
TABLE OF CONTENTS
1. Construction Obligations........... ............................................... 1
1.1 Improvements ................................................ ..... 1
1.2 Intent of Conditional Use Permit. ......................... 1
1.3 Survey Monuments................... ............... 2
1 A Performance of Work............................................. 2
1.5 Changes in the Work................... ........................ 2
.1.6 Defective Work........................................... ....... . 2
1.7 No Warranty by City............................................... 2
1.8 Authority of the City Engineer................................ 2
1.9 Inspection....................... ............................. ......... 2
1.10 Compliance with Law..................... ..........--. ......... 3
.
1 11 Final Acceptance of Works of Improvement..... _... 3
2. Time for Performance..................... ................................ 3
2.1 Commencement and Completion Dates....... ......... 3
2.2 Force Majeure.... ................... ............................ ... 3
2.3 Continuous Work...................... ...... .................. 3
2A Time of the Essence................. 4
3. Labor..................... .. ................. ............................... .... 4
3.1 Labor Standards................ .............................. .. ,. 4
3.2 Nondiscrimination........... ................ . ................... 4
3.3 Workers' Compensation............................. .... ....... 4
4. Security ... .................................................... ................. 4
4.1 Required Security................. .............. .. .............. 4
4.2 Form of Security Instruments............. .................... 4
4.3 Improver's Liability—1- .. ............... .................... 5
4.4 Letters of Credit....... ................................ ........... 6
4.5 Release of Security Instruments......................... 6
5. Cost of Construction and Provision of InspectionService 6
5.1 Improver Responsible for All Related Costs of
Construction............................................. .............. 6
5.2 Payment to City for Cost of Related Inspection
and Engineering Services.................................. 6
6. Default-- , .................................................................. ....... 7
6.1 Remedies Not Exclusive ......................................... 7
6.2 City Right to Perform Work—.............. ..... ............. 7
6.3 Attorney's Fees and Costs.......................... 7
i.
;MAR-19-2003 WED 10:22 AM CI*F PALM SPRINGS FAX NO. 76030360 P. 05
IMPROVEMENT AGREEMENT
THIS IMPROVEMENT AGREEMENT(this"Agreement")is entered into this 10th day
of March, 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation of
the State of California ("CITY"), and CASA REAM ESTATE for THE ESTRELLA INN
("Improver").
RECITALS
A. Improver is the owner of, and has obtained approval of a Conditional Use
Permit for Case No. 5.0909,the Estrella Inn, located at 415 South Belardo Road, in the City
of Palm Springs, County of Riverside, State of California (the "Property"). The conditional
use permit contains conditions of approval for the development of the Property (the
"Conditions").
B. The Conditional Use Permit requires the construction of on- site and off-site
improvements, collectively referred to as"Improvements"(as hereinafter defined)which are
required to be installed in order to accommodate the development of the Property. These
improvements include expansion of on site parking improvements, a trash enclosure,
Belardo Street improvements and Cahuilla Street improvements.
C. Improver's agreement to construct and install the Improvements pursuant to
this Agreement are a material consideration to City in approving the conditional use permit
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 Conditional Use Permit for the Property and
permitting development of the Property to proceed, Improver agrees to timely perform all of
its obligations as set forth herein.
1. Construction Obligations,
1.1 Improvements, Improver agrees, at its sole cost and expense, to install
or cause to be installed the on- site and off site improvements (herein sometimes
collectively referred to as the "Improvements"), as the same may be supplemented
and revised from time to time as set forth herein (said Conditional Use Permit,
together with all related documents, are referred to herein as the "Conditional Use
Permit"). The estimated construction cost for the Improvements is 171 909.
1.2 Intent_. of Conditional Use Permit. Approval of the Conditional Use
Permit referenced in Section 1.1 requires a complete work of installing on site and
off-site improvements which Improver 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. Improver shall complete the
construction of all required Improvements, even though the Conditional Use Permit
does not specifically call out ail 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
1
1AR-19-2003�WED 10:23�AM 0I79F PALM SPRINGS FAX NO. 760*60 P. 06
Conditional Use Permit, Improver 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 the setting of any of the Improvements, reference shall be made to the City
Engineer whose decision thereon shall be final.
1.3 Survey Monuments. Before final approval of improvements, Improver
will locate relevant survey monument(s), in accordance with the provisions of the
State Subdivision Map Act and the Subdivision Ordinance of the City of Palm
Springs. Improver shall provide security for such obligation as provided in Section
4.1(a)(iii)and,after setting the monument(s). Improver shall furnish the City Engineer
of the City of Palm Springs written notice of the setting of said monument(s) and
written proof of having paid the engineer or surveyor for the setting of said
monument(s)_
1.4 Performance of Work. Improver shall furnish or cause to be furnished
all materials,labor,tools,equipment,utilities,transportation,and incidentals required
to perform Improver's obligations to construct the Improvements under this
Agreement.
1.5 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering
or deleting any portion of the 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 Improver or Improver'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 Improver or its contractor
shall be binding on City unless approved in writing by the City Engineer.
1.6 Defective Work. Improver shall cause its contractor to repair,
reconstruct, replace, or otherwise make acceptable any work found by the City
Engineer to be defective.
1.7 No Warranty by City. The improvement plans for which the construction
of improvements is required and has been prepared by or on behalf of Improver or
its consultants or contractors, and City makes no representation or warranty,express
or implied, to Improver or to any other person regarding the adequacy of the
improvements plans or related documents,
1,8 Authority ofthe 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 perfomned, and all questions as to the satisfactory and
acceptable fulfillment of the terms of this Agreement by Improver and Improver's
contractor,
2
AR-19_2003 WED 10:23 AM CI'*F PALM SPRINGS FAX N0, 7600360 P. 07
1.9 Inspection. The inspection of the work by City shall not relieve Improver
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.
1.10 Compliance With Law. In addition to the express provisions of this
Agreement and the Map, Improver shall cause construction of the improvements to
be completed in accordance with all other applicable federal, state, and local laws,
ordinances, rules and regulations.
1.11 Final Acceptance of Improvements. After Improver's contractor has
completed the construction of all of the improvements, Improver 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 further field inspections, to
submit in writing a detailed statement of the work performed subsequent to the date
of the previous inspection which was found to be incomplete or not in compliance at
that time.
No inspection or acceptance pertaining to specific parts of the construction of
improvements shall be construed as final acceptance of any part until the overall final
acceptance by City is made and the Engineer of Record has submitted written
confirmation to the City that the construction of improvements has been completed
and he has been paid in full for said work. Final acceptance shall not constitute a
waiver by City of defective work subsequently discovered.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Improver shall (i) commence with construction of improvements by July 15,
2003 ("Commencement Date"), and (ii)complete or cause to he completed all of the
construction of improvements by October 15, 2003
2.2 Force Maieure. Notwithstanding the provisions of Section 2.1,
Improver's time for commencement and completion of the construction of
improvements shall be extended for the period of any enforced delay caused due to
circumstances beyond the control and without the fault of Improver, 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 Improver or its Contractor
detailing the grounds for Improver'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.
3
__MAR-19-2003 WED 10:24 AM OISF PALM SPRINGS FAX NO. 7603060 P. 08
2.3 Continuous Work. After commencement of construction of
improvements (or separate portion thereof), Improver shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than five (5) days, events of Force Majeure excepted.
2.4 Time of the Essence. Time Is of the essence of Improver's performance
of all of its obligations under this Agreement,
3. Labor,
3.1 Labor Standard . Improver shall be responsible for causing all
contractors and subcontractors performing any of the construction of improvements
to comply with all applicable federal and state labor standards, including to the extent
applicable the prevailing wage requirements promulgated by the Director of Industrial
Relations of the State of California Department of Labor.
3.2 Nondiscrimination. Improver agrees that no contractor or subcontractor
performing any of the construction of improvements shall discriminate against any
employee or prospective employee with respect to such work in hiring, promotion,
seniority, or any other terms and conditions of employment on the grounds of race,
creed, color, national origin, ancestry, religion, sex, or marital status.
3.3 Worker's Compensation. Improver shall cause every contractor and
subcontractor performing any of the construction of improvements to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California
and shall cause each such contractor and subcontractor to submit to City a
Certificate of Insurance verifying such coverage prior to such contractor or
subcontractor entering onto the job site.
4. Securi .
4.1 Required Security.
(a) At the time Improver executes this Agreement, Improver shall
furnish to City the following bond, letter of credit, instrument 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 (hereinafter"Security Instruments"):
(i) A Security Instrument guaranteeing the payment of the cost
of constructing the improvements as required in Section 1.1 in the
amount of 171 909.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
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:
4
MAR--19.2003 WED 10:24 AM C I T0F PALM SPRINGS FAX NO. 7603,*360 P. 09'
(a) Bands. For Security Instruments provided in the form of brands,
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&Poors.
(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 improver in default
under its payment or performance obligations hereunder or in the event
Improver 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 Improver's interest in funds
on deposit in one or more bank accounts with financial institutions acceptable
to City.
(d) General Requirements for all Security Instruments.
(1) 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).
(H) Each Security Instrument shall have a minimum term of
one (1) year after the deadline for Improver's completing the
construction of improvements, in accordance with Section 2.1 (other
than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Fach 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 Improver's Liability. While no action of Improver shall be required in
order for City to realize on its security under any Security Instrument, Improver
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, Improver shall be personally
MAR-19-2003 WED 10:24 AM CITOF PALM SPRINGS FAX NO, 7603060 P. 10
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
obligations secured by such letter of credit or to hold such funds in an account
under the control of the City, with no interest accruing thereon for the benefit
of the Improver. 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. Improver 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 of Construction of
Improvements upon Improver's written request upon the completion of the
construction of improvements and written proof that the Engineer of Record
has been paid for said work, provided no claims are outstanding at that time
regarding defective work.
5 Cost of Construction and Provision of Inspection Service.
5.1 Improver Responsible for All Costs of Construction, Improver shall be
responsible for payment of all costs incurred for construction of improvements.
5.2 Payment to City for Cost of Related Inspection and Engineering
Services. Improver shall compensate City for all of City's costs reasonably incurred
in having its authorized representative make the usual and customary inspections of
the construction of improvements. In addition, Improver 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 Improver be entitled to additional inspections or a final
inspection and acceptance of any of the improvements until all City fees and charges
6
MAR--19-2003 WED 10:25 AM CITOF PALM SPRINGS FAX NO, 7603060 P. 11
have been fully paid, including without limitation,charges for applicable penalties and
additional required inspections.
6. Defaul .
6.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Improver hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal,
or equitable remedy to which it may by entitled.
6.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for improver's default hereunder, in the event Improver 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 Improver shall fail to diligently and
continuously pursue the cure of any such default to completion, City shall have the
right to enter into the Property and perform any of the uncompleted work by force
account or contract or both and thereupon recover from Improver or any Security
Instrument, or both, the full cost and expense thereby incurred by City_
6.3 Attor -y's Fees and Cos s. In the event that Improver fails to perform
any obligation under this Agreement, Improver 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 Improver'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 attorneys 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.
7. Indemni . Improver 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 Improver's failure
to perform the construction of improvements in accordance with the requirements
contained or referenced in this Agreement. Said indemnity obligation shall apply to
personal injury, death, property damage, economic loss, and any other monetary
damage or penalty to which City may be subjected, including without limitation,
attorney's fees and costs and the costs of realizing on any Security Instrument
provided by Improver pursuant to the terms hereof. Such indemnity obligation shall
not extend to any loss resulting from City's sole negligence or wilful misconduct.
7
lAR-19-2003 WED 10,'25 AM C I T& PALM SPRINGS FAX N0, 76034060 P. 12
8, General Provisions.
8.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Improver's right, title, and interest in and to the Property
and any portion thereof.
8.2 No Third Party Beneficiaries. This Agreement is intended to benefit
only the parties hereto and their respective successors and assigns. Neither City nor
Improver intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
8.3 Entire Agreement: Waivers and Amendments. This Agreement
integrates all of the terms and conditions mentioned herein, or incidental hereto, and
supersedes all negotiations and previous agreements between the parties with
respect to all or part of the subject matter hereof, except as may be expressly
provided herein. All waivers of the provisions of this Agreement must be in writing
and signed by an authorized representative of the party to be charged, and all
amendments hereto must be in writing and signed by the appropriate representatives
of both parties.
9. 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.
8
-MAR-19-2003 WED 10:?5 AM C'I T41F PALM SPRINGS FAX NO, 7603060 F. 13
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written,
DATED:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By — - -
Douglas R. Evans David Barakian
Director of Planning and Zoning City Engineer
APPROVED AS TO FORM:
David Ready
City Manager
IMPROVER:
CASA DEAL ESTATE
(Check One: individual, partnership
X corporation)
(Notarize Signature) By,
Brad Korzen, President
"Improver"
Mailing Address:
i
Casa Real Estate
I
5750 Wilshire Blvd., Suite 500
Los Angeles, CA 90036
Phone 323-930-3700
Fax 323-930-3701
9
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA SS
On COUNTY OF LOS ANGELES _ f
On MARCH 19, 2003___—_—before me, IRENE TARIOLNOTARY PUBLIC______
personally appeared BRADFORD KORZEN _ _ ________
NAMES)OF SIGNER(S)
personally known to me -OR-proved to me on the basis of satisfactory evidence to be the
person(s)whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capaci s),and that by his/her/their
IRENETARIO signature(s)on the instrumen the erson(s),or the entity upon behalf of
Commission#1384583 which the person(s)acted,a ecute the instrument.
z Notary Public-Cauftmia
Los Angeles County WITNESS my h
%V*Comm.Expines Jul 13,2008 !
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N U E OF NOTARY
OPTIONA
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
IMPROVEMENT AGREEMENT
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TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S)
LIMITED or GENERAL
ATTORNEY-IN-FACT 12
TRUSTEE(S) NUMBER OF PAGES
GUARDIAN/CONSERVATOR
OTHER:
DATE OF DOCUMENT -T
SIGNER IS REPRESENTING:
NAME OF PERSON(S)(OR ENTITY(IES) ------------------ -----------
SIGNER(S)OTHER THAN NAMED ABOVE