HomeMy WebLinkAbout05915 - ENDURE INVESTMENTS INC SUBDIVISION IMPROVEMENT AGR PM 31968 Page 1 of 2
Kathie Hart
From: Carol Templeton
Sent: September 12, 2011 2:27 PM
To: Kathie Hart
Subject: RE: A5915- Endure- PM 31968
Hi Kathie,
It is ready for closing.
Have a great day.
n \�•��
Thanks,
Carol Templeton, Engineering Associate
City of Palm Springs Engineering Division
Direct Line (760) 323-8253 Ext. 8741
Fax Line (760)322-8360 or 322-8325
Please note new email address: Carol.templeton()palmspringsca.gov
Link to Municipal &Zoning Codes: 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. CITY HALL IS
CLOSED EVERY FRIDAY DUE TO MANDATORY WORK FURLOUGHS.
CONFIDENTIALITY NOTICE—This email transmission, and any documents, files, or previous email messages
attached to it, may contain information that is confidential or legally priviledged. 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, copying, printing, distribution, or use of any of the information contained in or
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immediately notify the sender by telephone at(760) 323-8253 Ext. 8741 or return email and delete the original
transmission and its attachments without reading or saving in any manner.
From: Kathie Hart
Sent: Saturday, September 10, 2011 4:38 PM
To: Carol Templeton
Subject: A5915 - Endure - PM 31968
Is this file ready for closing?
Please advise.
Thx!
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
T (760) 323-8206 8 (760)322-8332
09/12/11
PAL�
City of Palm Springs
Department of Public Works and Engineering
j Ma :•
;oO Te 3200 E.Tahc�uitz Canyon Way • Palm Springs, California 922
�1 p\11 Tel:(760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspr a.mrj
C� CX7 . (. .I
<i flz
February 23, 2011
Endure Investments, LLC ra
1888 Century Park East, Suite 450
Los Angeles, CA 90067
Attn: Mark Gabay, President
Re:Parcel Map 31968 (Endure Investments, LLC): Time Extension for Subdivision
Improvement Agreement
Mr. Gabay,
On February 2, 2011, the City Council approved a one-year time extension for the
completion of monumentation associated with Subdivision Improvement Agreement No.
5915 for Parcel Map No. 31968 (The Springs)with Endure Investments, LLC.
The new expiration date for the Parcel Map No. 31968 Subdivision Improvement
Agreement is February 3, 2012.
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
Carol Templeton
Engineering Associate
Cc: Jack Kurchian of The Charles Company, via email;James Thompson, City Clerk;PM31968 file
Post Office Box 2743 0 Palm Springs, California 92263-2743
DOC # 2010-0331226
07/15/2010 08:00A Fee:NC
Page 1 of 17
RECORDING REQUESTED BY: Recorded in Official Records
CITY OF PALM SPRINGS County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: IIIIIII IIIII III IIIII IIII IIII
IIIIIIIIIIIIIIIIIIIIIIIIIII 111
City of Palm Springs _ -. -- -- - - - - - - - - - -
P. O. Box 2743 S R U PAGE SIZE DA MISC LONG RFD COPY
Palm Springs, CA 92263 �
Attn: Office of the City Clerk M A L 465 426 PCOR NCOR SMF CHG
T: CTY UNI
Filing fee EXEMPT per Government Code 61.03
SUBDIVISION IMPROVEMENT AGREEMENT
NO. A5915
B11
Between the
CITY OF PALM SPRINGS
AND
ENDURE INVESTMENTS, INC.
Title of L?OCument
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
ENDURE INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY
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TABLE OF CONTENTS
1.Construction Obligations........................................................... 1
1.1 Monumentation......................... ................I........ 1
1.2 Intent of Map........................................................ 1
1.3 Survey Monuments................................................ 2
1.4 Performance of Work.............................................. 2
1.5 Changes in the Work.............................................. 2
1.6 Defective Work.... .................................................. 2
1.7 No Warranty by City .................... 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......................................................... 4
2.3 Continuous Work.................................................... 4
2.4 Time of the Essence................................................ 4
3. Labor................................................................................. 4
3.1 Labor Standards...................................................... 4
3.2 Nondiscrimination................................................... 4
3.3 Licensed Contractors.. 4
3.4 Workers' Compensation.......................................... 4
4. Security............................................................................. 5
4.1 Required Security.................................................... 5
4.2 Form of Security Instruments.... 5
4.3 Subdivider's Liability................................................ 6
4.4 Letters of Credit....................................................... 6
4.5 Release of Security Instruments.............................. 7
5. Cost of Construction and Provision of Inspection
Service............................................................................... 7
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................ 7
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................ 7
6. Default............................................................................... 7
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6.1 Remedies Not Exclusive.......................................... 7
6.2 City Right to Perform Work...................................... 7
6.3 Attorney's Fees and Costs....................................... 7
7. Indemnity.......................................................................... 8
8. General Provisions............................................................. 8
8.1 Successors and Assigns......................................... 8
8.2 No Third Party Beneficiaries.................................... 8
8.3 Entire Agreement; Waivers and Amendments....... 8
9. Corporate Authority.............. 8
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this )tday of 14oyl _N �200_� by and between the CITY OF PALM SPRINGS, a
California charter city ("CITY"), and Endure Investments, LLC, a Nevada Limited Liability
Company (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map
for Parcel Map No. 31968 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. Subdivider has delivered to City and City has approved the map which
requires the setting of monuments, "Monumentation" (as hereinafter defined) which are
required to be installed in order to accommodate the development of the Property.
C. Subdivider's agreement to construct and install the Monumentation
pursuant to this Agreement are a material consideration to City in approving the final map
for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and
in consideration of City's approving the Map for the Property and permitting development
of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set
forth herein.
1. Construction Obligations.
1.1 Monumentation. Subdivider agrees, at its sole cost and expense, to
install or cause to be installed the monuments (herein sometimes collectively
referred to as the "Monumentation"), as the same may be supplemented and
revised from time to time as set forth herein (said map, together with all related
documents, are referred to herein as the "Map"). The estimated construction cost
for the Monumentation is $14,500.00.
1.2 Intent of Map. Approval of the Map referenced in Section 1.1 requires
a complete work of setting of monumentation 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 the setting of all required Monumentation, even though
the Map 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 Map, Subdivider or its contractor shall immediately notify its design
engineer who will seek approval of the City Engineer for furnishing of detailed
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instructions. In the event of any doubt or question arising regarding the true
meaning of the setting of any of the Monumentation, reference shall be made to
the City Engineer whose decision thereon shall be final.
1.3 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance
with the provisions of the State Subdivision Map Act and the Subdivision
Ordinance of the City of Palm Springs. Subdivider shall.provide security for such
obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s),
Subdivider shall furnish the City Engineer of the City of Palm Springs written notice
of the setting of said monument(s) and written proof of having paid the engineer or
surveyor for the setting of said monument(s).
1.4 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.
1.5 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 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.
1.6 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.
1.7 No Warranty by Citx. The Map for which the setting of Monumentation
is required has 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 Map or related
documents.
1.8 Authority of the City Engineer. In addition to the authority granted to
the City Engineer elsewhere in this Agreement, the City Engineer shall have the
authority to decide all questions which may arise as to the quality and acceptability
of materials furnished and work performed, and all questions as to the satisfactory
and acceptable fulfillment of the terms of this Agreement by Subdivider and
Subdivider's contractor.
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1.9 Inspection. 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.
1.10 Compliance With Law. In addition to the express provisions of this
Agreement and the Map, Subdivider shall cause construction of the setting of
Monumentation to be completed in accordance with all other applicable federal,
state, and local laws, ordinances, rules and regulations.
1.11 Final Acceptance of Monumentation. After Subdivider's contractor
has completed all of the Monumentation, 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 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 setting of
Monumentation 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 Monumentation has been set 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, Subdivider shall (i) commence with installation of the Monuments when
the final grading and street improvements have been completed ("Commencement
Date"); and (ii) complete or cause to be completed all of the Setting of
Monumentation two (2) weeks after the Commencement Date.
2.2 Force Majeure. Notwithstanding the provisions of Section 2.1,
Subdivider's time for commencement and completion of the setting of
Monumentation 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,
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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.
2.3 Continuous Work. After commencement of installation of the
Monumentation (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 five (5) days, events of Force Majeure excepted.
2.4 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 setting of Monumentation 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 setting of Monumentation 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_Surveyor. Subdivider shall cause all of the setting of
Monumentation to be installed under the direct supervision of a California licensed
land surveyor in conformance with the map.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the setting of Monumentation 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 bond, letter of credit, instrument of credit
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(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 setting monuments as required in Section 1.4 in the amount
of$14,500.00.
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:
(a) Bonds. For Security Instruments provided in the form of bonds,
any such bond must be issued and executed by an insurance company or
bank authorized to transact surety business in the State of California. Any
insurance company acting as surety shall have a minimum rating of A-IX,
as rated by the current edition of Best's Key Rating Guide published by
A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as
surety shall have a minimum rating of AA, as rated by Moody's or Standard
& Poor's.
(b) Letters of Credit. For Security Instruments which are letters of
credit, any letter of credit shall be an original separate unconditional,
Irrevocable, negotiable and transferable commercial letter of credit issued
by a financial institution with offices in the State of California acceptable to
City. Any such letter of credit shall specifically permit City to draw on same
by unilateral certification of the City Engineer of the City that Subdivider is in
default under its payment or performance obligations hereunder or in the
event Subdivider fails to deliver a replacement letter of credit not less than
thirty (30) days prior to the date of expiration of any such letter of credit and
shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are
Instruments of Credit, any Instrument of Credit shall be an assignment of
deposit account assigning as security to City all of Subdivider's interest in
funds on deposit in one or more bank accounts with financial institutions
acceptable to City.
(d) General Requirements for all Security Instruments.
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(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 obligations secured by such letter of credit or to hold such funds in an
account under the control of the City, with no interest accruing thereon for
the benefit of the Subdivider. If the City elects to hold the funds in an
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07l15?201&08 008
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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 of Monumentation
upon Subdivider's written request upon the completion of the setting of the
monumentation 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 Subdivider Responsible for All Costs of Construction. Subdivider shall
be responsible for payment of all costs incurred for installation of the
Monumentation.
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 setting of- Monumentation. 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 setting
of Monumentation until all City fees and charges have been fully paid, including
without limitation, charges for applicable penalties and additional required
inspections.
6. Default.
6.1 Remedies Not Exclusive. In any case where this Agreement provides.
a specific remedy to City for a default by 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.
6.2 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
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diligently and continuously pursue the cure of any such default to completion, City
shall have the right to enter into the Property and perform any of the uncompleted
work by force account or contract or both and thereupon recover from Subdivider
or any Security Instrument, or both, the full cost and expense thereby incurred by
City.
6.3 Attorne '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.
7. 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 installation of the Monumentation 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.
8. General Provisions.
8.1 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.
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 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.
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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 hereeto 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.
11
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
James Thompson, City Clerk David H. R y Manager
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
APPROVED BY CITY Ct 01 OIL
David Barakian, City Engineer
SUBDIVIDER:
ENDURE INVESTMENTS, LLC, A Nevada Limited Liability Company
Check one: _Individual _Partnership_Corporation* d Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By. By:
Signature (notarized) Signature (notarized)
Name: Mark Gabay Name:
Title: President Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
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0£08 7
"Subdivider"
Mailing Address:
1888 Century Park East, Suite 450
Los Angeles, CA 90067
(310) 247-0900
(310) 247-1525 fax
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w
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF �(�C f t�r�6`)� 6 NI- - }
} SS
COUNTY OF ( ' }
On , %'- y1 iZ �C �, (�� before me, ! �1�(/l �/r"�/L� ,Notary
Public,
DATE
personally appeared L L& 6 L
who proved to me on the basis of satisfactory evidence to be the person(s) whose names s/ere subscribed
to the within instrument and acknowledged to me that%she/they executed the same inriis/her/their
authorized capacity(ies), and that by(!!�! 7her/their signatures(s)on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. (Seal)
WITNE 165t hand and official seal. ,_„w,,,
PAYtl ANN LAVINE
` Commission #r 1741682
Notary Public -California
Los Angeles County
nature of Notary MyCarrrnENahss� 21,2011
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
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PARCEL MAP 31968 LEGAL DESCRIPTION
Parcel Map No. 31968, as recorded in Map Book 230, Pages 40 through 46
inclusive, records of Riverside County, California.
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