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23845
RESOLUTION NO. 23845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36723 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST. WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of November 12, 2014, recommended approval of Tentative Tract Map 36723, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City'), at its meeting of December 17, 2014, approved Tentative Tract Map 36723 subject to conditions; and WHEREAS, Alta Verde Homes LLC, a California Limited Liability Company, (hereinafter the "Subdivider"), has filed Tract Map 36723 with the City in accordance with Section 66458 of the California Government Code; and WHEREAS, the Subdivider, offers for dedication to the City of Palm Springs easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over Lots "A" and "B;" easements for public utility and sewer easements shown as "10' PUE", along and adjacent to Lots "A" and "B;" easements for public utility and sewer easements over Lots "A" and "D;" inclusive; a sewer easement over Lot "E;" and easements for pedestrian purposes over Lots "C" and "D;" all as shown on Tract Map 36723; and WHEREAS, required public improvements have not been completed by the Subdivider as of the filing of Tract Map 36723, and the Subdivider has requested that the City enter into a Subdivision Improvement Agreement with the Subdivider to secure the cost of public improvements in accordance with Section 66462 of the California Government Code. NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1.Tract Map 36723 is in substantial conformance with the approved Tentative Tract Map 36723. SECTION 2.Tract Map 36723 is in conformance with the General Plan. Resolution No, 23845 Page 2 SECTION 3.Tract Map 36723 conforms to all requirements of the Subdivision Map Act of the State of California. SECTION 4.In accordance with Section 66477.1 of the California Government Code, the offers of dedication to the public on Tract Map 36723 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof. SECTION 5.The City Council hereby approves a Subdivision Improvement Agreement for Tract Map 36723 with the Subdivider, and accepts subdivision improvement securities in conformance with the requirements therein for public improvements. SECTION 6.The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider. SECTION 7.The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder. SECTION 8.Tract Map 36723 is hereby approved for purposes therein defined. ADOPTED THIS 17T" DAY OF JUNE, 2015. David H. Ready, City k er ATTEST: / mes Thompson, City Clerk Resolution No. 23845 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23845 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 17th day of June, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. roes Thompson, City Clerk City of Palm Springs, California IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 3 SHEETS TRACTMAP NO. 36723 RECORDER'S STATEMENT A SUBO/VISION OF PARCEL 2 OF PM 26377, ON FILE IN AT _ _Iu BODK-__ __ -or— MW5 AT IMECLERK O _ AT ENE PRANGS. DF OWNER'S STATEMENT BOOK 189, PACES 5 AND 6 OF PARCEL MAPS, ME can CLERK ov THE an of PALM sPmrvcs. LOCATED IN THE SW 114 OF THE NW 114 OF THE SE 1// WE HEREBY STATE 1HAr B Ax ME DwxFPs OF ME LAND INCLUDED WNW THEvreoNns5 IDN OF SECTION 35, T 4 S, R 4 E, S.B.M. N0' SHOWN NEREEN;IIYT WE µE ME ONLY PER WNDSE CONSENT IS NECESSARY ID PASS LEE MSA A Clue MET,Ti BAD Li TWIT WE EMERY CONI TO ME MAKING AND RELOTONG CONSULTING, LNG JANUARY - 2015 PETERu>rHti-AssEsoR-cDuxly aERK-NWwwLR GE NIS SUBDNISY]N AM AS SHOWN e1HN ME OSTROM BORDER TAME IIIVVV THE PBLL PINttPEI of.....IS DEGRADED AS AN EASEMENT FOR Pi PVRPOSEs: SURVEYOR'S STATEMENT BY. °EPutt EwSEYEMs MN— "PERM AND SEMI PURPOSE;TOGETHER WITH ME MANE OF WORLDS AND EGRESS TOR SE ACE NN EMERGENCY YFNICLES WHO PEAXMPREL MR LOTS V ANDTY, THIS MAP WAS PREPARED EY ME OR UNDER M!DIRECT SUPEIMSICW AID IS EASED WCN A SU9CNESGN gHWNRE M:TM,AMYK,N NEE COM MIT SHOWN AS PRNAL SIxEEY(S),AS Mi WDNN THIS MAP. rPm sui IN CONFORMANCE WITH 111E REWMMENTS OF ME SMIRRY M WP ACT µ° Mi...AT THE NEWEST OF.XETA VERGE HOMES LLC. N,IAMM"Y OF 301A. ME REAL PEN'ER1 CE I ECN'IF S G .µ µ EfM LO MGE HERE.PLEPOSES. PUBES TARO µ0 SEWER EASEMENR SHSMI AS'10'PEE',AMAG µ0 ADJACENT TO LOTS W I HEREBY STATE THAT ALL MONUMENTS IRE M THE CHARACTER AND OCCUPY ME IMSRICNS µ0 W.SMWYN AS TPRNATE STREET-(SE AS S.MAIN TARS WP. IKMCATEL.OR W4 BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT LOR WE MW;AND MALL SAD MpNYENR ME SUFFICEM TO ENABLE ME SLRhT TO BE HE REAL PROPERET CESCRIBED PILLOW IS DEDICATED AS M EASEMENT TOR PUBLIC FJRPOSES: REIPMEO. WE SU" IS TMIE KEN COMPLETE M SHOWM. I HEREBY STATE THAT THIS PUBLIC MALTY AND SEWER FAEMEIES MR LOTS'A'MENNE N TO'.Mi SHOWN WP$URSTNIIVLLY COMMAND TO THE APPROVED OR CONDITIONALLY APPROVED 1EMA1M HAP, WHYT"THIS MAR. IF MY, TAX COLLECTOR'S CERTIFICATE ME RSAL PRCPERn!DESCRIBED BELOW M OEdL\TED AS M EASEYEM FOP NRLIC PURPOSES: DATED: /pr,1 20 2oAt EArO THE SEWER EASEMENT PER LOT'E',AS SXGMR.1.TARS HAP �R r 7 IE MERELY CEY LIENS TMI ANST ME To WE T SHOWNO.OF THE CRTCE.M OF THIS DALE. 9. STAFF. µE NY WENS N'INS!THE PRCOERtt OR SPECIAL ON ME W1MN S COLLECTED FOR VNPND THE MEN FAGPfPEY DESCRIBED PESOS 5 R LOTSEp ASµ EµrAS S OWN NWERLICEWLY THIS ME: MI HAR LC t� R BE� E,COOL FAXIE9 OR nR LL AS TAXES,°R OLLECT MYSTOM OMLN AS OL CISMEx1$MR PEDESTRIAN PURPOSES DYER LOTS Y'µ°V'.M SIITYX'MIMx MS WP. CXA4LFS R IVARR PLS EWL9 ff TAXES.EXCEPT IAYES°N ANX IS AATIC T .1 COLLECTED AS lA%E$NOW A LIEN BVi LAP, I'1/ll/t5 NOT YET PAv/IXE,ARNICA AR[EmWTFD TO R[i_SP�fm C_ . Txl. WE HEREBY RETNN LOIS-A µ0 M',SHOWN AS"PLANATE SMEEP(5), T�� '" * WMO_R(�'T'.N tA[w.0e1,E�'I S.APf\GYWwAA AWeev,ncwc eY YGT LEE PRNATE USE FAR ME SOLE BENEFIT OF OCAMMI'h9,°W SUCCESSORS,µ MFES M�VV((!! --Mi _-0015 ''Itr♦ .. µD LOT OWNERS WIT9N MIS WP. E# CON XEM CpLWry TAX COLLECTOR WE NFPEHY RETNN FOR STpd GRAN PURPOSES,ANEMEMENI PER ENEDE EASEMENS s1DWx As'10 ARE',M SHOWN WMENE!THIS WAR,1.ME SOLE USE OF W16ELVE5. CITY SURVEYOR'S STATEMENT ouR A GS.Rs.ASSIGNEES AND LET OWNERS WITH.MIS WAR Rr- DEPUtt WE HERBY RETNN FOR IXtVHALE PUPAX S,ME 10'ORNNACE EASEMENT MR IOI 13,AS I ARMY nATE MAE I IMAE EMHNE➢ME WMIN MAP OF RMI MAR N°, 36M. GROWN WEAN THIS ARP,FEW rx SOIL USE OF OEWGE 5,OIK SOCUSSORs.AsswNES MD CONSPLING OF 3 GREETS.THAT ME SURpN51GH SHOWN HEREON IS SUBSTµTMLLY ME LOT GANMI WMm Mrs WP, VOLE AS IT MPFMED ON ME MAYATM MAP OR ANY OPPRMED 4TERATNXNS THEREOF. TAX BOND CERTIFICATE THAT ALL PRA SRMIS OF ME STATE SUBpMSY]N MAR ACT AND ARr LCCN ORDNWCES WE EXPERT REINN FOR OPEN SPACE,LARKS E µ°STORM GAME PVROFiES,LOTS'C' APPLIUBEE AT THE NNE OF IPPROYN OF THE TENTATIVE WP N/NE BEEN COMPILED WITH: I HEREBY CERTEY REAL A BOND IN ME SUM Of S Se,IIII DVS RFEN E.FCLEM MPONH 'E'INCLOSPS.FOR ME SPE EYE OF WRSELHS,WR KUFC E4O"S,ASSI 1.AMID AND TOLL I MR SMSEM MAT SNO AM TECHNICALLY CORRECT. AMID PLED WITH THE MARK Of mffRrISCPS p M<COUNTY OF RRSIOE Ul1FLPHN, LET OWNERS WHIM IT,MAP. CONDIIpXEO UPON ME PAYMENT OF ML TAMES,STATE, LOONEY.MUNIGPN, ON SOUL MIEO. EA/d µDI ALL SPECYS MSE59XENTS COLLECTED AS TAMES,WILE!AT THE TIME K FILING OF ALTA VERDE HOMES, LLC NIS WP WM ME CONMY RECOREEN ARE A LAN AOWAST yD PRO -LET NOT YET A CALMORM LMIED EAN EIn COMPNtt PI.rAHIF µO SN0 MONO HAS BEEN OILY APPRMLD BY SND.CF sUPERA'KI%5. 4ARCV5 L.FULLER, P.L S. ]9B] WWR6L n4fl MIEO: _MWY IOU ,20_/5 A' ENP. IR/31/I6 ....NAME: {AFORLY y A)KL x" VSN TAM Pow. ER-IHEN �Ci W"KEPT cl£RN SVPfRNSpRs PTS'NMMEN � ,q COONIY TAX COLLECTOR Ey ffGAA^^^ S-9S PEPU, CITY CLERK'S STATEMENT L JAMES THOMPSON.CITY CLERK AND EX-Cfli ASSMSOR OF THE CHIT GOOME L Of THE BENEFICIARY CEY CE PHA SPRINGS, VALE OF GWFLPNA. TOMMY STATE THAT w0 Clrc CWNCA AT ITS REGULAR WMENG RELIT ON ME .O , xo , WLr FAR LRS k xPA .RAW.OF 1.BEK".A Cµ NU.COPPORAIaM BE"EFIC WtI PER OLEO '��D THE WITHIN WAR OF TAACI MV N0.36723.AND ao ACCEPT ON BEHALF CE ME SOILS REPORT OF 7TM RECORDED JµUARY N,7n15.AS MIDDLEMEN!N0. 2015-ODGERM1.OF OFFICML pECORON WE CFTER OF FISEYENR OVER LOTS A'MO B.SHOWN AS PINNATE SiflfET"(5), M MVER9M IGM,l.CA,MRWA. OFFERED FOR PURUC UTILITY µD SEWER PURPOSES,TOGETHER MEN ME MIGHT CE NDRESS AND PIM9NNT EO SECTION MAW ME SURDAYNOW WAR MT.A PRELIMINARY WLS FORMS FOR SERVICE AGED EMERGENCY WHOLES WHO PERSO"NEL ME EASEMENTS SHOWNAS-10' Ni NOCLAWNT NO, 14-11-702, FILE ID. II301-n1.WAS PREPARED M E',NO"G µ0 MOMENT TO TO TS AND SHOW.AS Y 1'TO"(Si OFFERED MIL BY FARM MMAIR SEEMINGLY.DATED AMENDER 19.2014. E, �lY C��^� TE.°FILM µ EWE p O SR FESls:;THE OFFER OF EMEYENS TIER LOGE'A'WALLACE!V µ°is ON ME WITH ME CITY OF P.VA SPRINGS.ENGINEERING DEPARTMENT. INCWSM.OPENED FOR WRLC V SETTER RYR AN EASEMENT PER LOT F.OFFERED FOR SEWER WPPOSES,ILL AS NDMAIED AND SHOW KNEW M5 WP. ME TENTATVE WF FOR SUO NWLT NAP WAS APPENDED Br ME CITY COUNCIL AT ITS REG"i NEED ON ME 11TH DAY OF DEOEMBER,2014. NOTARY'S ACKNOWLEDGMENT cr,TED: a1., CITY CALIF AND EX-CEICKI ASSESSOR OF THE SEE SNFET 2 cm cWrvcR OE ME CITY OF FARM SPRINGS SIGNATURE OMISSIONS SHEET 2 J.N. 2172 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 3 SHEETS TRACT MAP NO. 36723 A SUBDIVISION OF PARCEL 2 OF PM 26377, ON FILE IN BOOK 189, PAGES 5 AND 5 OF PARCEL MAPS, LOCATED IN THE SW 114 OF THE NW 114 OF THE SE f// OF SECTION 35, T 4 S. R 4 E. S.B.M. MSA CONSULTING, INC. JANUARY - 2015 NOTARY'S ACKNOWLEDGMENT NOTARY'S ACKNOWLEDGMENT SURVEYOR'S NOTES A 1pi/AY PURI OR OTHER DF-M COMPLETING MS CERnFICXUl YEkEIES CULT TIF IOEHM1tt A NOIMY PUBVC OR OTHER Orr10ER CWPL -THIS CERIIFKAIE KRIf1E5 ONLY ME ICEMM ME NL�UP<AVISS�TM K�IS THE SOTMEMFF LW OF OF THE WOMdV1 MR,SIGNED THE WCUNENI O MITI THIS CERTIFIUIE 5 AnOLHEO,WO OUNEACI F THE MCIVIDIVL YMO sgNFD ME DOCUMENT TO WXR]I THIS CERRfIGEE 5 4n/{Hm.ANp THE SWIIMESr OIWi2R (1/R) E 1pRMWFs1 pWRIFA(1/1)Of ME SF STORM NOT TK UUMPTEUME55,ACCM1ACl,M WJ BFTYICP IW.T KCUILpi. BUT ME TRUMFIIWE55.AIX.LPACV.UP VIIHMr/M INUO WCU--T. OW RTER(1/1)BF SECTION 35,TGRNSHP%sWTX.RMCE%FAST.SUB.M..45 SIgWN ON WP H0. 3C016, W FILE IN RUCK..1.Ai PACES 1] IS.OF DEW,. SUUE OE CMRCRHU I STAIE OF COLIFORNU ) E.A5: ry R95656'E )IS cwNn a__07pN WE _ )ss • NI FOUND MTrvuMENT AS NOTED cwxtt UP ✓.�'S/7PY6� ON,Me G µ 2 REP.ME/1.�J<(/s 4�Tnlr A N]rN0"M .IC OX_H1AI�l]�D15 FORE ME D N ,ISNIkFM/�_„BOMB,MI O wCM IEs SET I'LP.T.LS.4989'.M9N. TOTEM NOTED OTHERMSE PERSOxALl/v IpPFIREO A.vs�'L� N—Ap�- ___ __ PEHURN MILY APPEARED�KfIIGI�I-E�i9KwN A INFURIATES SET 1-I/.RMU,dSK SIAm v NP 'S.99R9', WIN,PRGhD ro NE ON THE RA51S Of UNFUTUCTBEH EFIDENCE TO BE UP PFASOX[S)wMOSE MAN PRIME➢TO ME CH THE BS5 OE ynsFFGiCRY EMCCNCE TO eE r—HHI MRSoxI$J WHOSE uN CSS IMAM o T UNFF,.W.DO WEE IS MOIL), NVIFO*IS/ARE SUBSCRIBED TO THE WYNN INSTRUMENT AND ACNrp,TfCtm TO NE TUT NMHE(y)Is/Pl]E SUBSCRIBED TO ME PENN INSFUN MEx1.Ac...E.TO ME n T NIFF XE/SHE/IHEv EXECUTED ME SURE IN HS/NER/HEIR wTHOPUED UAACm(IEs).FUND THAT BY HE/SHE/TIEY EXECUTED IRE SAMF ON Ms/NjP/MGR AVr.Rzm CX➢,Cm(IPS).ANO THR,BY (_) wuTES REcogD urn MI5/MEP/MEIR sq,UNRE(S)CHTIHE IINSTRUMENT THE IiRSCN(S(,OR THE FRUITS BRUNT BRUT BE HIS/HHii/TOPIR sxYUTUREQ111 ON ME NSTRUMENT ME PEASONUE).OR ME EMTn UPON BEXALF W OF WHICH THE PEREOH(5)ACTED.EXECUTED ME INSTRUMENT OF BIRCH TIE PERDFRSj ACTED,EXECUTED ME WSMUMEXI. RI NpGIES RECORD DATA PER PN 26377,END 169/5-6 1 CERDP UNDER PENALTY OF PERT UNDER THE WS OF MF SWE OF V11fgRNN Tx%r THE I CERTIFY UNDER ME N BE PERNRY ON.THE VBs Of ME STATE OF UMTMlUX rlUr THE FOREGOING PNUCPATH IS TRUE AND CORRECT. FIXIEGOMG P/ANiiN-YH Is TRUE 0.O CORRECT. R2 NPCATES RECORD utA PER rR.SUP No. 30046.W M7/13-19 MY COAMISSNIX IX PRO 11` re__ MY PRINCIPAL RACE OfRI151NETS FIXW510N IX%CO5RBES h.1�I0 FIX PRINCIPAL MPFE OF BUSINESS R3 INLVUTES RECORD DATA PER TR.PUMP 16149,NO 115/3-6 MME55 W MNO NHO CML SVI. /� MEN.W M AN HUD M cvuxrr. S pRPN4G F.Hr,. c IxwuTs LENRRaE �w,r� /5573/3 201055 _ R/W MORI RENT-OF-NUY NOrN1YWiAAY PV SIN suT[ xDTAR1 cDWISLDN x]. NOT D fOR SVO STATE - HONARY COuulnwx M. WRIST ICNiv NME) A`IOSWIKP-IP_ _ M INwF Ts MHU RFARIxc (PRNr wuq - (-. 7 rvAAHE) ME wwurzs wRuc unHIT usENErvT oEauTm nEaEaR EDR welt UnLm PURwS. SET'.1 AND LAG IN CURB CN ME PND.UFUX OF NL SIDE LINES. SIANFFD'PLS.NOR'.IN LIEU Of ME FRONT LOT CORNERS. EASEMENT NOTES SET 1-1".WTIX PVSIK w3D STAIREO I'.S. N969',SET.1 AND, EMS N C., E00.STNHPEB TPLS.1969'CN NM Qj YEPoZW.F-CEFFOR M CLLfORMU NAIER IUD TELEPHONE COMPANY. PER INUL FR. 79471.1 FENMO M/.TERW,FACGFD T,L S.4901 AS APPRCPRMIE,TO REAR NOTARY'S ACKNOWLEDGMENT 7/9/e5,on wl CORNERS.AND,AN..IE 1B.".THLEss MIERWSE NOTED. PROW CROSS IAFA-7107 ROBES A NOrM!PUBLIC W ORMIN—F M CDMPLEI NG INS CERnFIGM YEPHIS ORLY TME CExnn pE9ppRMLJNLN�IDI$- 14 LOTS BE ME INMIRUIL WO SIGNED ME DOCUMENT TO MUCH rn5 cERIfIGre 5 AnAL11EO.ANO 1ETE1®PRMR STREET LNS- 2 LOTS NOT ME MUMFUMESS.ACCURACI,ON FXTUTUFF UP M TUT CUMENT. CRlI SPADE INS-3 LDIS F.UPMUFFIN. )SS 27 26 25 COUBTY OF CH %n ',,,13,`�015 . BECORE HE S.JB_%JJ.F.—_ A NOiAAY WBLIC �� MRswuuv IPREAAED �SIQ✓lJ J Bond — -" SIGNATURE OMISSIONS FIND ENDORSED TO ME ON THE WISPS OFF'SXVSFACTO E`nuENE TO BE FIR PEISGX(5�WHOSE � NAME(S)IS/ARE SUBSCRIBE)TO ME WIDEN INSTRUMENT ANT ACKNONM1EDGED DO ME TH.T' a 7.Nx.: pQN I Puxsunxr io smilax 66I36 OF ME sueOMSNM YM ACT.ME SI3UMR[(s) IS/sNE/rxEY pEWTEn TINE SANE 1x HIs/xER/TxfIR wrnanzfD GWK1n0Es).ADO TIUr B. OF ME FMLOMING OMHER(S)OF E/SEMENrz AND/OR OTHER REDRESS HAK HIs/HER/MENT sIGNANRE(5)Ox ME RSTRUMENIT ME FERSGN(S).OR rK CHOW UPUB KBOF 3,F 3� R 3� �� 36 BEEN ONFIED,AS MEN RIIERE5r5 CAHNT OPEN WTO FEE. OF C. ME PFNSIXH(s)ACIm.EXECUTE)THE INSTRUMENTLJ Ij4 KMEOI.SUCCESSOR IN INIFAES1 TO GVIFpRNA WATER NAME.COMP.,,RI OF NM I CERTIFY WOM PEWLn CF PERJUIF UNDER ME TAMS OF IRE sIAR OF GLLIFORNU THAT THE SIR EASEMENT Fwl A TILPIM6 FOUER PER NISI Na. CH".PEG.7/9/65.ON. FORECOWC PARI.GPIN1 IS 1IRVE MO CORRECT e IN ESS M,1T EIIPIRESDA TURIL SE,N. M'PPINCpu PTA(£OF BusINE55 'I WITNESS W MAW NRO OfFlC41 5$EELLLL 5 Lp} COOXIY. vlclmTrPMP x orun PUBLIc IN sNo FOR x w sTb ,h- WCAT"TNrr tnLWlssox w. u. S Fake (PRINTN.ME) _-_ J.N. 2172 TR. 1� M.B. MAP 30046 SHEET 3 OF 3 SHEETS 32 "^r"°xs�q svz s.i s. .B 397/13-19 wl �m ' �miirra 4Y I ue' Ix x..rxrl w .Mel 4 IN THE CITY OF PAW SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA mm " ""' / TRACT MAP N 0. 36723 xml. 67 �.r,].[ m'txl awcertn xE A SUBDIVISION OF PARCEL 2 OF PM 26377, ON FILE IN Y 50 BOOK 189, PAGES 5 AND 6 OF PARCEL MAPS, E - - = LOCATED IN THE SW 1/4 OF THE NW 114 OF THE SE 114 13° si $g a 'd s w OF SECTION 35, T 4 S, R 4 E, S.B.M. r,.eB69:, a F g a :.,p y �o MSA CONSULTING, INC. JANUARY - 2015 o e k g - • rwe.:v .� @7� au o4519'w `'> "'-b" - MONUMENT NOTES __ CHIVE DATA - I 66 / - x W35 u F r e.la' c• - ' � 4a c\ u E amlx 91 m. " ra.whw nua s>.urofo x >sxse'w.a w. xeVvv'E sv LOT'B•o5v.se.^� '+ .� x 51 'q wur.art risen/mrt;;.P"�/n r.i/."e m/>.Ie e.x LREAi TOWAGE m 1°aB'x,[s,x[� I cY x59 -ci x % m x vvmm•E � :. —=/y� x wss'm'[ xccErrtu u v sw r s[r _ _____zo.m_____ _ �ma.ev/swerusrr xw sr,ucm xtt zwse'nusn s[v C - X nue/]-e.,carlm u u ma[B1 v. r ss 65 ie.9a]ss v r -d 11 3 12 e� o]�, m"r QF m.r v.w ,ic am nrm x[95av-arrsx crx 10 $d •'.e°1 ss g= 1>,e15 r I: 52 �.�>t we 1e9h-e. v1[o u Bw cox.a swcFr z1. .. mpm ss _ it _5 cn ©m. r v.x/wsrm nw sr,u.m as xsw'I....w e n as iasm Q m zz wm nm ©1^ a.r/m,w.Bwc s1rVVEo xF vs[v a.sr]wRR o-` e.5 p 1f ]r'xn te9/sss-e un B xl/I]-19.rttFvrtp..s p[ �� xeevm [ .atrna xxv a5 r. [ ].i.aTIT 19 v I" < 8 n a v w pnx ur:[ wsxo rR.m u.'wlm w5 � � x \ " rzo rr[xrarm � Q n sm 00 ,.a ffr .nrrsx vrs.v.e �ma�mrw,rear rw[ 6 � rp v •a 2 ss 2 usuxetn n "colmmemxxa"aax�wh'x�nil mm l]o' Qv ti 1�N 1913 sr I kl �' .l9 -V fie axs,w/Busc nw S..rwm nB.m9•. e�9 .9v u 53 L21E DATA O ruiv.'"i+ewiro/s a rerr[o ira zvv'w.os'a5n -n � to � Q aF x�_a.'se w i I xr. S Q m cs[1r ,9wu wr wB ten/s-a nc w v>/1a-iv� ro 1 1.a e15S>>e'E r qry p m.COr.fl.1A,M1YI 1/.,SE r/,yC.]5.ynXF➢ ] w l 4 RI ♦ra NHra Rx r wPre�W/50.0[Y w4c x 9 R i c I " ( I ao-xBrzo u z[aa.1.'.war P 14 63 x hs/ 1 A //• \[a 1e.]a1 ss we eeA-e. .,ccmrtv u r cw. urcu I. "o• rill vev rv,nvu % 1 I ^' 9rnv x @ v I 91 5e bxr 8EE DETAL'A DETAL r AT IPFT I p I a l 'I AT LEIT Ni I � •D'.• �oTNc LOT t3aurlx. v v 9/w Puue. - _ _ _ - / pw• ta.a9 v x.SN3Y •t - w.m'( tw.,e B v m rv' vm' — _ v .raw /rah..ox BOfiEAT TML ( iV1E I=5p' 9ff 8HE£T 2 FOR BDNyppB NOTES N. 31 T2.002 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and Alta Verde Homes LLC, a California Limited Liability Company TABLE OF CONTENTS 1. Construction Obligations......................................................................................2 11 Works of Improvement...............................................................................2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval........................................ .. ........................ ...................2 . . ...... 1.3 Intent of Plans............................................................................................ 2 1.4 Survey Monuments....................................................................................3 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 A 1 Inspection ..................................................................................................4 1A2 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.................................................................................6 3A Workers' Compensation.............................................................................6 4. Security ........................... . 7 4.1 Required Security......................................................................................7 4.2 Form of Security Instruments.....................................................................7 4.3 Subdivider's Liability .................................................................................. 8 4.4 Letters of Credit.........................................................................................9 4.5 Release of Security Instruments................................................................9 I 5, Cost of Construction and Provision of Inspection Service ............................................-.......................... ........—.......................... 10 51 Subdivider Responsible for AM Related Costs of Construction............................................ ......... ................... ........ ........ 10 5.2 Payment to City for Cost of Related Inspection and Engineering Services............................................................__........ 10 6. Acceptance of Offers of Dedication....................................---........ ......... 10 7. Warranty of Work......... ..................... ................... ...................... .................... 10 8. Default....... ....... ....... ......... ........ 11 8.1 Remedies Not Exclusive........ .......................... ........................... 11 8.2 City Might to Perform Work.... ...................... _...................... ... 11 8.3 Attorney's Fees and Costs............................ ......... ....................... 11 9, Indemnity.................................................................................. ........ ............. 11 10 General Provisions....-................ ............................ ........................... ............. 12 10.1 Successors and Assigns-....................--.. ...............................—...... ... 12 10.2 No Third Party Beneficiaries................. ................ .............. ............... 12 10.3 Entire Agreement; Waivers and Amendments... .............. ...... ......... 12 11. Corporate Authority................................................... ...................... .... ............ 12 2 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this V'7w day of M14Y , 2015, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and Alta Verde Homes LLC, a California Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 36723 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit-W. B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs: easements for public utility and sewer purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over lots "A" and "B"; Public utility and sewer easements shown as "10' PUE", along and adjacent to lots "A" and "B"; Public utility and sewer easements over lots "A" through "D", inclusive; Sewer easement over lot "E" and Easements for pedestrian purposes over lots"C" and "D". C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined)which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations, 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic 1 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, 413, DOO.06 1.2 Other Oblioations Referenced in Conditions of Tentative Mao Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit"B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall fumish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall fumish or cause to be fumished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 2 1.6 Chances 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 Encineer. 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 fumished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. 3 The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City s inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his 4 ' designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty(30)days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-314. 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 5 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. 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 6 $1,413,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $706,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$7.0 00.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $211,950.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Bests 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) 7 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 Reouirements 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 Instnrment 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 personalty 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. 8 (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; 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 Insoection and Enaineerinn 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 Ri-ght 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 10 default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attoney'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 willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. It 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terns and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authoritv.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By James Thompson, City Clerk David H. Ready, City Manager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: Marcus Fuller, City Engineer/Assistant City Manager SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one: _Individual_Partnership_Corporation"_Company 'Note, for Corporations, two corporate officers must sign this Agreement, as indicated below,for all others, authorized agents must sign this Agreement. By: c'�/ Y By: Signature (notarized) Signature (notarized) Name:40#A N ! X%4 VT+— Name: Title: wta 4eyccLi0!SNT Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 Mailing Address: 1 Lam-� , v:fie. L'L e /.0 A- Q pp6� (_3L1 tom'--teo (fax) 14 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On May 27, 2015 before me, Madelyn Ly-Ian Vo, Notary Public - California 4 nw nms personally appeared David Kivitz ONLY who proved to me on the basis of satisfactory evidence to be the person(*) whose name(II) is/eye subscribed to the within instrument and acknowledged to me that he/tegW*W executed the same in his/IrAbr/fW authorized capacity(I tt), and that by hisAW/tM signature(%) on the instrument the person(l), or the entity upon behalf of which the person(t) acted, executed the instrument. i I certify under PENALTY OF PERJURY under the laws of the State of Califomia that j the foregoing paragraph is true and correct. W10ELY11 Lr-LAN YO WITNESS my hand and official seal. Commission tr 20311211e i Ma+7 public-Camorfdt Lot Ano"County D //,„ ! i„ /�_ Cpnlm,Ew IraJun22.201T+ Notary PubW Signature �(l (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Colifortsia slannes regarding rsotary wording and, DESCRIPTICN OF THE ATTACHED DOCUMENT if needed.shoald be completed andatiached to the document AcRnou•ledgmenis from other states may be completed for darumenis being sent to that state so long Subdivision Improvement Agreement as ThemordingdoesnotrequiretheCaltfanianotap,tovadareCalifornianotary �e (Title or desor"m ofallached document) a State and County information must be the State and Couray where the document Alta Verde Horses, LLC sigacr(s)personally appeared her=the notary public for acknowledgment. (tide cedesvigbn of ateded docunem contimsed) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. 17 g/27/pO15 • The notary public must print his or her name as h appears within his or her Number of Pages—Document Dale commission followed by a comma and then your title(notary public). • Print the name(s) of documrnt signcr(s) who personally nppcar as the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular a plural forms by crossing ofr intersect forms(Le. ❑ Individual (a) is Asia)or cirdingthcomicct forums.Failure Incorrectly indicate this infomhation may Iced to rejection of document recording. ❑ Corporate Officer a The notary seal impression must be clear and p photographically reproducible. Impression must not cover text or lines. If seal impression smudges.re-seal if a lie sulticirnt area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must snatch the signasnare on file with the office of the county clerk. ❑ Attomey-in-Fact 4 Additional information is not required but could hdp to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 4 Indicate title or type of attached document,number orpasm and doe. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version wow NotaryC lasses corn 800-873-9865 Securely attach this document to the signed documem with a staple. ALL-PURPOSE ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT, TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY,OR VALIDnY OF THAT DOCUMENT. State of CAPACITY CLAIMED BY County of SIGNER On before me, Date Name, Title of Officer c INDIVIDUAL(S) personally appeared oCORPORATE NAME(S) OF SIGNER(S) OFFICERS) o personally known to me-OR— TITLE(S) o proved to me on the basis of satisfactory evidence to be the oPARTNER(S) persons(s) whose name(s) islare subscribed to the within oATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed oTRUSTEE(S) the same in his/her/their authorized capacity(ies), and that by OSUBSCRIBING WITNESS his/her/their signature(s) on the instrument the person(s) or the oGUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the oOTHER instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Signature of Notary 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 MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE OF DOCUMENT DESCRIBED AT RIGHT: Si ner s Other Than Named Above 15 EXHIBIT"A" TRACT MAP 36723 LEGAL DESCRIPTION Tract Map No. 36723, as recorded in Map Book_, Pages through inclusive, records of Riverside County, California. 16 t� E 5 egi� � ibib ° r ; 3 = € gf a Catwill 9,1 :jIg Is mill;'[ 1 11 0 tiL ii a a9R4� ag1i4E Cp h YI hi t` Q. Mv �e } ° gea fef3y Epp Qa $Q Q fp 1 1 a4ll = byfffg$jig V I It . dap It It, litlkwl It � € hill I'll 1,! 1gg331 IN11 ill � � ;g € 8I.b 111i lit III is II 'P! IT 'WIN, 1 11 it t =� mb t p q IM THE CIA' OF PAW SWMKC; COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 3 SHEETS TRACT MAP NO. 36723 A SURDI WON OF PARCEL 3 OF PY 26577. ON ALE W BOOK 168, PAGES S AND 6 OF PARCEL YAP; LOCATED IN TIIE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SECTION M. T 4 ; R 4 E. S.BAt. (� MSA CoNsm Tm.INC. 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SIPYM2 EXHIBIT"B" TENTATIVE TRACT MAP 36723 CONDITIONS OF APPROVAL 17 Resolution No,23727 Page 6 EXHIBIT A CASE: 5.1342 POD 37113.3748-MAJ&TTM 36723—ALTA VERDE HOMES, LLC December 17, 2014 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. P 'ect D21cription. This approval is for the project described per Case 5.1342-PD 371/3.3748-MAJ & TTM 36723; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shag be developed and maintained in accordance with the approved plans, date stamped August 19, 2014, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations, The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Miflgr Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Mao. This approval is for Tentative Tract Map 36723 located at l 1000 Bogert Trail, date stamped August 11, 2014. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. laftrimificption. The owner shall defend, Indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, vold or annul, an approval of the City of C' b f. Resolution No_23727 Page 7 Palm Springs, its legislative body, advisory agencies, or administrative Officers concerning Case 5.1342-PD 371/3.3748-MAJ & TTM 36723, The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees In interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and Property line, Including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 8. Time Llmit on Approval. Approval of the Planned Development District PDD 371 Tentative Tract Map 36723 and Major Architectural Applications 3.3748- MAJ shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 9. Riaht to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed In accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall edher provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4%for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts t ResduUon No.23727 Page a Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly Inked to the City's community-wide system and shown on the City's master plan). ADM 12. Tribal Fees Required. As the property is located within Agua Caliente Indian Reservation, the applicant shall pay the Valley Floor Planning Area Miligation Fee prior to Issuance of Building Permits. This fee shall be paid to the Tribe for the development of this property, as required by the Tribal Habitat Conservation Plan. ADM 13. CC&R's. Prior to recordation of a Final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CUR package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. C. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developers successor4n4nterest. Approved CC&R's are to be recorded following approval of the Final map. The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, 1 0 Resolution No.23727 J Page 9 ADM 14. CC&R's De Osds & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$3,500, for the review of the CC&R's by the City Attorney. A $675 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 15. CFD. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreafion services, including police protection, criminal justice, fire protection and suppression, ambulanoe, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Facilities District (CFD) under the authority of Government Code Section 53311 at seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to an annual consumer price index escalator. The district shall be femted prior to sale or any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. All the Mitigation Measures contained in the Focused EIR shall be part of the conditions of approval. ENV 2. Coachella Vallev Multioie-Species Habitat Conservation Plan (CVMSHCPI Loca! Development Mltigatign Fee fLDMF1 reciuked. All projects within the City of Palm Springs, not within the Aqua Caliente Hand of Cahullla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the Issuance of certificate of occupancy. ENV 3. Caiifomia Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the forth of a money order or a cashier's check Rayable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final unfit such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfo.ca.o v for more information. ENV 4. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigaton measures outlined as part of the EIR will be included in the ' 1 Cf Resolution No.23727 Page 10 plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the approved project description. ENV 5. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ENV 6. Mural Resource Site Monttortng. There is a possibility of buried cultural or Native American tribal resources an the site. A Native American Monitor shall be present during all ground-disturbing activities. ENV 7. a). A Native American Monftor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Ague Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to haft destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to rho State Historic Preservation Officer and Ague Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Liahting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included, if lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted, PLN 2. Wa lade Land in Conformance. The project Is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Resolution No. 23727 Page 11 Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be submitted in accordance with Section 94.03.00 (Planned Development District) of the Zoning Ordinance. Final development plans shall include she plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission and Planning Department. Final Planned Development District applications must be submitted within two (2) years of the City Council approval of the preliminary planned development district. PLN 4. Sion Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 5. Flat Roof ReQuIa ments. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for"Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shah be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 8. Pool Enclosure Aogroval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 9. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. Resolution No.23727 Page 12 c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for Joint access to the proposed parcels and open space restrictions. The approved documents shalt contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. PLN 10. Provide'smartcontrollers*for all irrigation systems. PLN 11. Pre-wire all units for photovoltaic rooftop units. PLN 12. The maximum height of perimeter walls shall not exceed six (6) feet. (Added by PC on November 12, 2014) FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. FID 1 These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan received and dated June 2, 2014. Additional requirements may be required at that time based on revisions to site plans. FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by Cily of Palm Springs, Palm Springs Municipal Code and latest adopted NFPA Standards. Four complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. FID 3 PLANS AND PERMITS Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM—6:00 PM, Monday—Thursday Resolution No.23727 Page 13 A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. The minimum fee is $ 208.00. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4 Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. FID 5 Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of % inch). Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. If there is no sensing device that will automatically open the gates for exiting, C ., C Resolution No.23727 Page 14 a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position. FID 6 The Palm Springs Fire Department requires a minimum width of 24 feet for two-way private streets, minimum width of 24 feet. No parking shall be allowed in either side of the roadway. • Designated fire lanes in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side. Wedge, or rolled curbing contained within a 24 foot fire lane shall be capable of supporting 73,000 pound GVW fire apparatus. • Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING"and "FIRE LANE"with white paint. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs has two approved turn around provisions. One Is a cul-de-sac with an outside turning radius of 43 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9.4-02. FID 7 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. FID 8 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.6): Fire hydrants shall be provided in accordance with CFC Appendix B. Fire Flow Requirements for Buildings, for the protection of buildings, or portions of buildings, hereafter constructed. The required fire hydrant flow for this project Is 750 gallons per minute (with fire sprinklers) (CFC Appendix B) and one available fire hydrant must be within 250 feet from any point on lot street frontages. (CFC Appendix C) FID 9 Operational Fire Hydrant(s) (CFC 606.1, 508.6.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings. Resolution No 23727 Page 15 FID 10 NFPA 113D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13R, 2010 Edition, as modified by local ordinance. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes"of the Palm Springs Municipal Code. ENGINEERING DEPARTMENT CONDITIONS ENG 1. Any improvements within the public 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. ENG 2. Submit street improvement plans prepared by a registered California 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 the Planning Department. B. All agreements and improvement plans approved by City Engineer. BOGERT TRAIL ENG 3. The Main Entry(Street "A") shall be constructed in accordance with City of i Palm Springs Standard Drawing No. 205 and have a minimum width of 59 feet or as approved by the City Engineer. ENG 4. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 5. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 6. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the Main Entry (Street "A") in Resolution No.23727 Page 16 accordance with City of Palm Springs Standard Drawing No. 214 and 212A. ENO 7. Remove and replace existing pavement with a minimum pavement section of 3 inches asphalt concrete over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of pavement to clean sawcut edge of pavement along the entire Bogert Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The proposed pavement section shall be designed by a Calffornia registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. PRIVATE STREET"A" ENO 8. Dedicate an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private street. ENO 9. Construct a minimum pavement section of 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. (If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.) ENO 10. Construct a wedge curb, with the back of the wedge curb located 18.5 feet from both sides of centerline along the Street "A" frontage with 25' foot radius curb returns and spandrels as required per City of Patm Springs Standard Drawing No. 200 and 206. ENO 11. Construct a 6 feet wide cross gutter as required from Lot 'Co to the southwest corner of Street"A"and Street W. ENO 12. Construct a street knuckle at the intersection of Street "A" and Street "B" per City of Paim Springs Standard Drawing No. 104. ENO 13. Construct minimum 10 feet wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. ENO 14. The gated entry is subject to review and approval by the City Engineer and Fire Marshall. The applicant shall provide an exhibit showing truck turning movements around the entry, demonstrating the ability of standard C� Resolution No.23727 Page 17 size vehicles to maneuver through the entry (without reversing) if unable to enter the project. A minimum of 50 feet shall be provided between the back of sidewalk on the adjacent street and the gated entry directory/control panel, with an approved maneuvering area provided between the directory/control panel and the entry gates. The ingress and egress lanes shall be a minimum of 20 feet wide, unless otherwise approved by the Fire Marshall. A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar StrobeswftchTM, or approved equal, and an approved Knox key electric switch when required by the fire code official. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of %. inch) when required by the fire code official. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. PRIVATE STREET"B" ENG 15. Dedicate an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private street ENG 16. Construct a minimum pavement section of 2-1/2 inches asphalt concrete Pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. (If an aftemative pavement section is proposed, the proposed pavement section shall be designed by a Catifomia registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.) ENG 17. Construct a wedge curb, with the back of the wedge curb located 18.5 feet from both sides of centerline along the Street "A" frontage with 25' foot radius curb returns and spandrels as required per City of Palm Springs Standard Drawing No. 200 and 206, ENG 18. Construct a 6 feet wide cross gutter as required from Lot "C" to the southwest comer of Street"A"and Street "B". ENG 19 All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. The proposed center island within the cul-de-sac shall not exceed twenty feet (207 in diameter. Construct all cul-de-sacs with a minimum curb radius of 43 feet throughout the cul-de-sac bulb. Resolution No. 23727 Page 18 ENG. 20 Construct a street knuckle at the intersection of Street "A" and Street "B" per City of Palm Springs Standard Drawing No. 104. ENG. 21 Construct minimum 10 feel wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. SANITARY SEWER ENG. 22 All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG. 23 Construct an 8 inch V.C.P. sewer main across Private street"A"and "13"of the Tentative Tract Map 36723 frontages, located 5 feet from centerline or as required by the City Engineer. Connection of Sewer System shall be made thru Lot "C", and connect to existing 8" sewer Main located in Lot "P" of Tract Map 30046. ENG. 24 Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. ENG. 25 All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded .(Developer shall contact City treatment plant facility for acceptable digital video format) and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall.be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG. 26 Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans. GRADING ENG. 27 Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval, The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or Its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Resolution No, 23727 Page 19 Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at htt / .A ov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following Information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. ENG. 28 Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Aqua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG. 29 In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color, green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG. 30 In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed at the time of issuance of grading permit for Resolufion No, 23727 Page 20 mitigation measures for erosion/blowsand relating to this property and development ENG. 31 A Geotechnical/Soils Report prepared by a California registered Geotechnicai Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Solis Report shall be submitted to the Engineering Division with the first submittal of a grading plan. ENG. 32 A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. ENG. 33 A Notice of Intent (NOi) to comply with the California General Construction Stornwater Permit (Water Quality Order 2009-0009-DWO as modified September 2, 2009) is required for the proposed development via the Califomia Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG. 33 This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to- date SWPPP shall be kept at the project site and be available for review upon request. ENG. 34 In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved 'Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). WATER QUALITY MANAGEMENT PLAN ENG. 35 This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best 0 Resolution No,23727 Page 21 Management Practices (BMP's) included as part of the NPDES Permit issued for the Whltewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS41, to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG. 36 A Final Project-Specific Water Quality Management Plan (WQMP)shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG. 37 Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement"with the County-Clerk Recorder or other Instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project- Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project- Specific WQMP include: requiring the implementation of the Final Project- Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG. 38 Prior to issuance of certificate of occupancy or final City approvals (OR of "final"approval by City), the applicant shall: a. Demonstrate that all structural BMPs have been constructed and Installed in conformance with approved plans and specifications; ResOWfion No,23727 Page 22 b. Demonstrate that applicant is prepared to implement all non- structural BMPs included in the approved Final Project-Specific Water Quality Management Plan (WQMP), conditions of approval, or grading/building permit conditions; and C. Demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG. 39. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shag be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. ENG.40 Direct release of on-site nuisance water or stormwater runoff shall not be permitted to Bogert Trail. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains ENG. 41 This project shall be required to install measures In accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) Included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre4reating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Resolution No,23727 Page 23 Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS41, to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. ENG.42 The project is subject to an "Area Benefit Fee" drainage fee of$4,213.00 per acre of single family residential development, in accordance with Chapter 9.69,040. or as may be adjusted annually in accordance with Chapter 9.69.060 of the Palm Springs Municipal Code. The drainage fee shall be paid prior to issuance of a building permf. ENG.43 Construct storm drain improvements, including but not limited to catch basins, storm drain lines and retention basins for drainage of on-site streets into the on-site retention system in Lot "C", as described in the preliminary Hydrology Report for Tentative Tract Map 36723. ENG. 44 All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. ON-SITE ENG. 45 Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match the existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shalt be restored to a smooth rideable surface. ENG. 46 All proposed utility lines shall be installed underground. ENG. 47 All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG.48 The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. ENG.49 Nothing shall be constructed or planted in the comer cut-off area of any (intersection or) driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 0 Resolution No.23727 Page 24 ENG. 50 All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904 ENG. 51 Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. GENERAL ENG. 52 The applicant shall comply with all required Standard Conditions and Mitigation Measures Identified in the Focused Environmental Impact Report, whether or not restated in these conditions of approval. All required plans shall be prepared in conformance with all applicable Standard Conditions and Mitigation Measures. ENG. 53 Development of the site is subject to all applicable provisions of Chapter 92.21.1.05 "Design Standards" of the Palm Springs Zoning Code, whether or not restated in these conditions of approval. All required plans shall be prepared in conformance with all applicable provisions of the Code. ENG. 54 A Road and Bridge Impact Fee of$2,704 per single family residential unit; as well as a Fire Station Fee of $469.00 per acre for single family residential units and $1,875 per mufti-family residential units shall be paid (or as may be adjusted annually) in accordance with Chapter 9.69.040 and 9.69.060 of the Palm Springs Municipal Code, shall be paid prior to issuance of a building permit ENG. 55 Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City In digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG. 56 The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-buift" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. Resolution No.23727 1\ Page 25 MAP ENG. 57 A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval.A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG. 58 A copy of draft Covenants. Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final (Parcel) Map by the City Council, or in the absence of a Final (ParceQ Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG. 59 Upon approval of a Final map, the Final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CC883 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number, and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArCView Shapefile, Arcinfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG. 6D Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison recorded as Instrument No. 64905 on 1974; an easement to Verizon recorded as Instrument No. 79471 on July 9, 1965; and easements to Desert Water Agency, Instrument No. 108731 recorded on Sept. 22. 1965, Instrument No. 65547 recorded on June 27, 1969, Instrument No. 46609 recorded on April 15, 1964 and Instrument No. 109136 recorded on April 26, 1988 shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the extinguishment, quit-claim, relocation or abandonment of the record Resolulion No.23727 1\ t Page 26 easemenl(s), building permits for proposed buildings encumbered by the existing record easement(s) will be withheld until such time as this easement is removed of record and are not an encumbrance to the affected buildings. TRAFFIC ENO. 61 A minimum of 46 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks (or pedestrian paths of travel) shall be provided by (either an additional dedication of a sidewalk easement (if necessary)) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Bogert Trail, Street"A"and Street W frontages of the subject property. ENO. 62 All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy ENO. 63 Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Bogert Trail and Street "A" in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices for Streets and H- dated January 13 2012 ar subsequent editions in force at the time of construction, as required by the City Engineer. ENG. 64 Install a street name sign at the intersection of Bogert Trail and Street "A" in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625 212idlI Idom' anal on Uniform affic Control Devices for treets d H' hwa dated J Ua1y 13 2012 or su ue r. nt edi 'o s in to at the time of construction, as required by the City Enginee ENO. 65 Low profile and glare protected lights shall be installed on each side of the Main Entry located on Bogert Trail. ENO. 66 Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (MUTCD), dated January 13, 2012, or subsequent editions in force at the time of construction. C) ) Resolution No.23727 Page 27 ENG. 67 This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS Bond No.: 12114665 Premium: $28,260.00/2 Years CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Alta Verde Homes LLC, 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 _, 2015, and identified as Tract Map 36723, 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. The Guarantee Company of NOW, THEREFORE, we, the Principal and North America USA as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of one million, four hundred thirteen thousand dollars ($1 .413.000.00) 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. Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 26th , 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one: _Individual_Partnership x Corporation'_Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By: By: Signature (notarized) Signature (notarized) Name: r-,%V XVZ-- Name: Title: \1 ^p � V+cti 4ww% 4-cwrr— 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) SURETY By: The Guarantee Company of North America USA By: (Surety Name) Attorney-in-Fact Shane wolf (All Signatures Shall Be Notarized) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 27, 2015 before me, Madelyn Ly-Ian Vo, Notary Public - California an name personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person(E) whose name(*) is/&* subscribed to the within instrument and acknowledged to me that he/s*/tfty executed the same in his/hpr/tllgtr authorized capacity(ft), and that by his/MerA tir signature(0) on the instrument the person(*), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MANOW LY-LAN w WITNESS my hand and official seal. Commliskn Ie 2030268 Nttlary Puftk-CT M1111ig Las u$ c«un Comm.r� xa.,lm ss,2017 Otary Public ' natU (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 7hrsform camplleswhh current California statutes regarding notary trording and DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be compkiedandattached la the documem.Acknmrledgmenls from other slates may be completed for of u nts being sent to that slow so long City of Palm Springs Bond#12114665 as the uordingdws not requue the Califaruia notary toutohneCafjro onotary law. (Ttle a desmption of attached document) a State and County information must be the State and Counly where the document Alta Verde Homes, LLC- Labor&Materials signer(s)personally appeared before the notary public fin acknowlcdgmcm. (Title ordestniplion of atadhed document continuedl • Dare of notarization must be the date drat the signals)personally appeared which 2 AALV. must also be the same dale the acknowledgment is completed, Number of Pages Document Date 5121/2015 a T>K notarypublic must prim his or her name as it appears within his or her commission followed by a comma end then your title(nmary public). • Print the mmnc(s) of document signals) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate The correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) halshc:* -is AWorcircling the correct faros.Failure to correctly indicate this information may[cad to rejection of documeol recording. ❑ Corporate Officer a The notary seal imp ression must be cicv and photognphiWly reproducible. Impression must not covet text or lines. If scat impression smudges, rc-scel if a (Title) sufficient rare permits,Otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match live signature on file with the once of the county Clark. ❑ Attomey-in-Fact fi Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is am mismed or attached to a different document. ❑ Other O Indicate Title or type of attached doswmem,number of pages and dare. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Verson www.NalaryClasses corn BDO-873.9665 • Securely attach Ibis document to the signed document with a staple. ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On May 26, 2015 before me, Susan E. Morales, Notary Public r•,nsen name s ri�i , personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isime subscribed to the within instrument and acknowledged to me that he/sheilill executed the same in hisl4e4d:eir authorized capacity(4"), and that by hislheNtheir signature(s) on the instrument the person(Q, or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal._ SUSAN E.MORALES (/J COMM.*2101798 z ? NOTAW PUtkLIC-CALIFOMAr /�Y� oluNfde courm CW ant , ` �� MY Canons 6�ftbs kdardt 2&pAtB Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM fhisjarnr canplies wilh cumnr California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT fneeded,should be campleted and aaached to the dorument Actmolwedgenafrom ether stares may be comp/etedfor docameras heing sent io that stare so long as the Bond#12114665 n ording does not mgmm the California notary to vrolate California notary law (idle a description of aaached door nerd) • State and County information moat be the Sure and Count)%here the document Guarantee Company of North America sip cqs)personally appeared berate the rotary public for acknowledgment -- ied) ----- • Oale of nmurirrtmn mat he the date that the signcr(s)personally appeared which {rate o desu pti ar of attached doom nl continued) most also be the same date the acknowledgmea is completed Number of Pages 2 Document Date 5126/15 ' The notary public most print his or her name as a appears within his our her ag commission followed by a can=and then your title(notary public) • Print the name(s)of document signer(s) who personally appear at the time of I lzwm CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular air plural foams by crossing off Incorrect forms(I e ❑ Individual(S) MisMhhvy:•:s'ew)or enchrig the correct forms Failure to carmcdy:ndicatc lhu mformalian may lead to rejecton of documant recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression muss net caster text a lines If seal Impresslan smudges,m•seal if a 1 e sufficient area permits,otherwise compkYe a ditfvma acknowledgment forrn- ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk O Attomey-in-Fact �i Additional Information u net required bin could help to ensure this ❑ doic Trustee(s) ackno%a Ina,�l kidlement.is u type of a lochcd d um misused or Attached so a different nurn6e of pages a�dos e ❑ Other 4 Indicate the capacity claimed by the signer If the claimed capacity is a corporate oRcer,indicate the tdlelie CEO,CFO,Secmury) 2075 Verson nw.v tvo!aryClases rnm dOC-87:19dn5 • Securely attach this document to the signed document wsthnsla THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws or the Stale of Michigan,having Its principal once in Southfield.Michigan,does hereby consfitute and appoint Todd M Rohm,Cathy S Kemmdy,Beata A Senn,Shone Woff Rehm Insurance Agency its true and lawful attomey(s)an-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such Instrunem(s)in pursuance of these presents.shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply.to all intents and purposes,as If the same had been duty executed and acknowledged by As regularly elected officers at the principal office The Power of Attorney is executed and may be cenfied so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 310 day of December,2003 The President or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attemey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of Indemnity and other wirings obligatory in the nature thereof:and 2. To revoke,at any time.any such Attorney-inact and revoke the authority given,except as provided below 3. In connection with obligations In favor of the Florida Department of Transportation only,it Is agreed that the power and authority hereby given to the Aftomeyan-Fact Includes any and all consents for the release of retained percentages andror final estimates on engineering and construction contracts required by the Slate of Florida Departmenl of Transportation It is fully understood that consenting to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor"or Its assignee.shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it Is agreed that the power and authority hereby given to the AtIomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Departmenl of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and seated by facsinale pursuant to resolution of the Board of Directors of the Company adopted at a meeting duty called and held on the&h day of December 2011,of which the following Is a true excerpt: RESOLVED Thal the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or CMification thereof authorizing the execution and delivery of any bond,undertaking,contracts or Indemnity and otter writings obligatory In the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and t Its corporate seal to be affixed by Its authorized officer.this 23rd day of February,2012. a p THE GUARANTEE COMPANY OF NORTH AMERICA USA �uad. STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Mussalman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duty swum,said that each is the herein described and authorized oficer of The Guaranlee Company of North America USA,that the seal affixed to said instnmera is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cyrdbfe A. Tekal IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee I* Notary Public,State of h6ftan Company of North America USA offices the day and year above written. Convnty of Oafdand My Commission Expires February 27,20te ii�n,.-dr eon s L' . Acffrg in Oakland County I.Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and Foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which Is still In full force and effect IN WITNESS WHEREOF,I have thereunlo set my hand and attached the seal of said Company this 26th day d May,2015 'M Randall MuaeNman,Secretary Bond No 12114667 Premium. $140.0012 Years 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 Alta Verde Homes LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated _, 2015, and identified as Tract Map 36723, 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. The Guarantee Company of NOW THEREFORE, we, the Principal, and North America USA as 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 seven thousand dollars ($7 0. OO.W), 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, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the 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 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. Monumentation Bond Page 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 26th , 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual _Partnership x Corporation*—Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all c authorized agents must sign this Agreement. By: G~ By: Signature (notarized) Signature (notarized) Name: b ft4 '%$1 1C_-.y N'q Name: Title: V,c y. V Cs-C sAc -- 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) SURETY By: The Guarantee Company of North America USA By: (Surety Name) Attorney-in-Fact Shane wolf (All Signatures Shall Be Notarized) ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California } County of Orange } On May 26, 2015 before me, Susan E. Morales, Notary Public (Fro. n-ie a wreo'rt�'e —' personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/afe subscribed to the within instrument and acknowledged to me that hel's4aRbey executed the same in his/hedtheir authorized capacity(i"), and that by hislhagl4peir signatures) on the instrument the person(4 or the entity upon behalf of which the person(a) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E.MORALES COMM.#2101798 WITNESS my hand and official seal. i NOTMrwuc a -DAMORNIAC ORANGE COUNTY My corran Expira Mara 2a,2of a Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Thtsfarmcomphesxnh careentCalrformasiatuses regarding noraru wording and. rfneeded should be cmnplesed and attached to the document Acbrohredgenrs from other states may be completed/or documents being sent to that state so long ar she Bond #12114667 wording does rear require the f ul forma notary to vtohae Caltfomta rotary tau IT*(ide5ciptim of almchM docun*M) • Slate and County info moron must be the Slide and County where the document Guarantee Company of North America signer(s)personally appeared before the notary public for acknowledgment -- - -----Tide or of abetted document wntinued) . Date of nmarimuse must be the data that the signers)personally appeared which must also be the same it=the acknowledgment is completed • The notary pubi:c must poor his or her none w it appears within his or her Number Of Pages 3 Document Date $/26/1$ comm sort followed by a comma and thenyttur title(notary public) • Print the wmc(s)or document signers) who personally appear a the it= or nousuation CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forts by crosams off incorrect forms(r e ❑ Individual (s) be;shclthey;is:are)or circling the correct forms Failure:to wnectly indicate this mfoanutum,may lead to rejection of document mording ❑ Corporate Officer • The nary soul impression must be clear and photographically reproducible Impression must not cover lent in Imes ff seal impression smudges,m-mW ire (Title) sufficient area Permits.otherwise complete a different wknowiedgmenl form ❑ Partner(s) • Signature of the notary public must match the vpmturc on File with the DITwe of the county clerk. El Attomey-in-Fad O Additional inliumauon is nor required bur could help to ensure this ❑ Trustee(s) acknowledgment is not Misused or attached to a ditfercnt document Other O indicate title or type ofattached documcm,numberof pages end date ❑ 4 Indicate the capacity claimed by the signer Irthe claimed capacity is a corporate uflicer,indicate the tale(i a CEO,CFO,Secretary) 20 ib Version.wnv NeiaryCios;es cam H00.H7J-986S • securely a e:h this document to the signed document with astaple THE The Guarantee Company of North America USA GUARANTEE Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS.That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the Slate of Michigan,having its principal office in Southfield,Michigan.does hereby constitute and appoint Todd M Rohm,Cathy S.Kennedy,Seem A Senn,Shane Wolf Rohm Insurance Agency Its true and lawful adomey(s)-in-fact to execute. seal and deliver for and on its behalf as aunty, any and at bonds and undertakings,contracts of Indemnity and other writings obligatory in the nature thereof,which are or may be slowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution or such instrument(s)in pursuance of these presents,shad be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 0 03 of the By-Laws adopted by One Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31e day of December,2003. The President,or any Vice President.acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Atlorey(s)-in-fad, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of Indemnity and other writings obligatory In the nature thereof;and 2. To revoke,at any time,any such Atiomeydn•fact and revoke 11ke au0drily given,except as provided below 3. In connection with obtigallora in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Atomey-in-Fact includes any and all corks" for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Stale of Florida Department of Transportation It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee,shall not retiewe this surety company of any of Its obligations under its bond. 4. In connection with obligations In favor of the Kenlucky Department of Highways only,It Is agreed that the power and authority hereby given to the Attorney-in-Fart cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— DepartmeN of Highways of the Commonwealth of Kentucky at least thirty(30)days prlw to the modification or revocation. Further,this Power of Attorney Is signed and sealed by facsbnse pursuant to resolution of the Board of Directors of like Company adopted at a meeting duty called and hold on the 6th day of December 2011.of which the following is a hue excerpt RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Atiomey or certification thereof authorizing the execution and delivery of any bond,undenaklg,contracts of inderrxlity and other writings obligatory in the nature thereol,and such signature and said when so used shall have the same force and effect as though manually affixed �yvur IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. a 11 THE GUARANTEE COMPANY OF NORTH AMERICA USA M'IY.f(e" _ STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselmany Secretary County of Oakland On this 23rd day of February.2012 before me came the individuals who executed the precedrg instrument,to me personally krmown,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of Not America USA;that the seal affixed ie said instrument is the Corporate Seal of said Company;that the Corporate Seat and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takni IN WITNESS WHEREOF,I have hereunto set my hand at The Gwmnlee 10 Notary Public.State of Michigan Company of North America USA offices the day and year above written. Co my of Oekkrd n My Commission Expires February 27,2018 � � L�• -�_ A Acting in Oakland County �c-NP C I,Randall Musseknan.Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and coned copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still In full force and effect. wnrL IN WITNESS WHEREOF,I have thereuMo set my hand and attached the seal of said Company this Zbth day of May,2015 , "'�'� Randall MussNman,Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identify of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 27, 2015 before me, Madelyn Ly-Ian Vo, Notary Public - California personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person(#) whose name*) is/St subscribed to the within instrument and acknowledged to me that he/$(lWWAil,executed the same in hisfiW/#W authorized capacity(*), and that by his/bEf/IW signature(o) on the instrument the person(o), or the entity upon behalf of which the person(#) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - - - - - - - - - - - - - - - - - - - - MADELYN I.Y-LAN VO WITNESS my hand and official seal. commissions 2030280 p//�///� �� J // Notary Public•California 7 •"%�1 /� Los,EZUJu County 22. L Comm.Fa a Jun 22,2017 IL Notary Publ16 Slgnalu (Notary Public Seaq ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 7hir form complies with current California statutes regarding Mary wording and DESCRIPTION OF THE ATTACHED DOCUMENT (heeded,should be completed argil attached to the document.Acknmr ledgmean from other stores may be completed for dacumentr being sent to that state so long City of Palm Springs Bond#12114667 as the unrdmg does nor require the Califorma nanny to violate Californianotary low. Crib or description daltada d docurned) • State and County information most be the Scale and County where the document Alta Verde Homes, LLC signer(s)personally appeared before the notary public for acknowledgment • bate or noteriratim must be the date that the signer(s)personally appeared whlcb 1 (Title or description of ebadred document cpnbmied) must also be the same time the admwtedgmml is completed. Number ofPages 3 Document Dale 5/26l2015 • The notary public must print his or her Rome as it appears within his or her commission followed by a comma and then your tide(mlary public). a Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms lie ❑ Individual (s) IRWshellkey-is or circling the correct forms.Failure to correctly indicate this information may Ind to rejection of document recording. ❑ Corporate Officer • The notary scat impression must be clear and photographically reproducible. impression must not cover text or lino. If seed impression smudges,re-seal if a It sufficient area permits,otherwise complete a diflernt acknowledgment form. ❑ Partner(s) • Signature of use notary public most match the signature an file with the office of the county ekrk. ❑ Attomey-in-Fact 4 Additional information is not required but could help to ensure this p Trustee(s) acknowiedgmcni is not misused or attached to a dilrennm documwm ❑ Other 4 Indicate title or type of attached document,number orpages and date. indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the due(i.e CEO,CFO,Secretary). 2015 Version www NotaryClasses com 800-873-9865 • Securely eaach this document to the signed document with a staple. Bond No.:12114665 DUPLICATE ORIGINAL Premium included with CITY OF PALM SPRINGS the Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Alta Verde Homes LLC, 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 _, 2015, and identified as Tract Map 36723 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 seven hundred and six thousand, five hundred dollars ($706. 000.00), for materials fumished 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 attorneys 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. Labor & Materials Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 28th , 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual _Partnership x Corporation' Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By: '_� By: Signature (notarized) Signature (notarized) Name: d#M3 \`t Y W <Q Name: Title: v1 ft 44.-eseou., T 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) SURETY By: The Guarantee Company of North America USA By; r-111� 244,- (Surety Name) Attorney-in-Fact ,Todd M. Rohm (All Signatures Shall Be Notarized) ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California ) County of Orange ) On May 28, 2015 before me, Susan E. Morales, Notar aPublic ti xi—e we�i nr�ui rTa'� � personally appeared Todd M. Rohm who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hetehe" executed the same in his/heFA4e4 authorized capacity(ies), and that by his/herAheiF signatures) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E.MORALES WITNESS my hand and official seal. COMM.#2101798 = Z NOTARY PUBLIC.CALIFORNIA� f �y� ORANGE COUNTY K! beoain / • /'n w.b My Carl.Ega1i Much Ya,2019 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Threformcanoeslrith eunenrCalforniaslatutes regarding notiorywarding and, if needed.should be cmnpleted and attached to the dorwaent Acknoth edgenrs from other stares map be rnmpleted far dxumnts being sent to that slate so long eu Ike Bond #12114665 wording does nor require the California notary to rtolant California notary low• (Title adesaipbor of atlaUed door mad) T� • State and County mfarmation must be the Stale and County where the document The Guarantee Company of North America signer(s)personally appeared before the rotary,pub]w tan acknowledgment (Title ordesorlk n of stanched documtsd contimiad), • Date of notarization must be the dale that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. Numbero[P • The notary public must print his or her name as a appears withal his or her ages 2 Document Dale 5128/15 commission followed by a carom¢and then your title(notary pubitc) • Pratt the names)of document signals) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fa ins by crossing off mcoaect forms It e ❑ Individual (a) ha/shehbey-is ere)or circling the correct farms.Failure to correctly indicate this mformauon may lead to rejecrm of document recording ❑ Corporate Officer • The notary seal impression most be clear and photographically reproducible Impression must not cover text or lines If seal Impression smudges,re-senI if a (Tide) suffrcient area permits,otherwise complete a different acknowledgment form J Partner(s) • Signature of the notary public most match the signature on rile with the office of the county clerk O Attorney-in-Fact O Addiltonal nnfommmion is not required but could help to ensure this ❑ Trustee(s) acknowledgmem is no misused or matched to a different document Other ? Indicate title or type ofonached document,number of pages and date ❑ ? Indrcme the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the rile(I It CEO,CFO,Secnetmy). 2frt5 Vers:cn v,� NOlyyClasses.cmn 800-873-98d5 • Sccurclymuchthisdmwcmlothcsivmddocumcmwithosuplc CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 29, 2015 before me, Madelyn Ly-Ian Vo, Notary Public - California personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/mrsubscribed to the within instrument and acknowledged to me that he/siite bW executed the same in his/her/th$ir authorized capacity(W, and that by his/tier/Omk signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MADELYN LY•LAN VO WITNESS my hand and official seal. C0.111lttlott r 203028e Notary Pnb#C-Cdnortd.L . in &Dk t JI G! Comm• IrttJwr 90 2017 Notary Puti is Slgnat a (Notary Public Seal) 41 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM lhrsfarm complies with eurrmt Caltfbnwa siatutes regarding notary warding and, DESCRIPTION OF THE ATTACHED DOCUMENT (needed,should be completed and attached to the documem,Achnon•leakments from ocher states may be compkred fo documents being sent to char sore so long Labor and Materials Bond#12114665 as the wording does not require the California notary to violate Caltfomio notary taw. (nae or deserplion of attached document) • Stole and County information must be the Slate and County where the document Alta Verde Homes-City of Palm Springs signer(s)personally appeared before the notary public for acknowledgment. (Talk or description of attached document continued) • Date of ndar Cation must be the dale that the signers)personally appeared which must also be the same date the acknowkdgment is completed. 2 W!1112015 • The notary public must prim his or her name as it appears within his or her Number of Pages_Document Dale commission followed by a comma and then your link(notary public). • Print the name(s) of document signcr(s) who personally appear at the time of nalarimlion. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e. Ne/she/thre)-is/are)or circling the correct fomu.Failure to correctly indicate this ❑ Individual (s) infmmalion may lead to rejection of document recording. ❑ Corporate Offrer • The nary seal impression must be clear and phmographiwny reproducible. Impression must not cove teat or lines. If sad impression smudges,rc-scat if a (Title) sufficient area permits,otherwise complete a different aclmowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the once of ❑ AHOme -in-Fact the county clerk. y @ Additional information is n required but could help to ensure this ❑ Trustee(s) acknowledgment is n misused or attached to a different document. ❑ Other o Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by Ibe signer. If the claimed capacity is a corporate offices,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NolaryClasses.com 800-873-9865 • Securely attach this document m the signed document with a staple. THE The Guarantee Company of North America USA GUARANTEE POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing raider the laws of the Slate of Michigan,having is principal office In Southfield,Michigan,does hereby constitute and appoint Todd M Rohm.Cathy S Kennedy,Beam A Seasi,Shane Wolf Rohm hismance Agency its true and lawful attomey(s)-kOarcl to execute, seal and deliver for and on Its behad as surety, arry and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof,which are or may be aftoved.required or perrnilled by law,statute,rule,regulation,contract or otherwise. The execution or such instrument(s)in puisuanse of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the prncPal office. The Power of Attorney Is executed and may be certified so,and may be revoked,pursuant to and by authority of Arfide IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 310 day of December,2003. The President,or ary Vice President,acting with any Secretary or Assistant Secretary.shall have power and auuthodly: 1, To appoint Attomay(s)-in-fad, and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,contracts of Indemnify and other writings obligatory in the nature thereof,and 2. To revoke,at arty time,any such Attorney-ln.lact and revoke the authority given,except as provided below 3. In connection with obligations in favor or the Florida Department of Transportation only,it Is agreed that the power and authority hereby given to the Atomey-in-Fad Includes any and all consents for the release of retained percentages armlim final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate 10 the Contractor andlor Its assignee,shall not relieve this surety company of any of its obligations under Its bond. 4 In connection with oblations in favor of the Kentucky Department of Highways orgy,It is agreed tat do power and authority hereby given to the Atoney-In-Fact cannot be modified or revoked unless prim written personal notice of such Went has been given to to Commissioner- Departmem of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Allomey Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the followAng Is a Imo excerpt RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certificallon thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity ant other wrilkhgs obligatory In the nature thereof,and such signature and seal when so used shag have the same farce and effect as trough manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and Its corporate seal to be affixed by Its authorized officer,this 23rd day of February,2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA A, w xlj-� — STATE OF MICHIGAN Stephen C.Ruschak,President 3 Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me come the Individuals weho executed the preceding instrument,to me personally krhown,and being by me duly swum,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;[het the seal affixed to said instrument is(he Corporate Seal of said Company;that the Corporate Seal and each signature were duty affixed by order of to Board of Directors of 0 Cynthia A, Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Mk higan Company of North America USA offices the bey and year above written. County Ex ir Osirls February J a Tel nd My Commisskn Expires February 27,2018 Acting In Oakland County ICI I,Randal Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,des hereby certify that the above and foregoing is a true and coned copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which Is still in full force and effect IN WITNESS WHEREOF,I have thereunto sot my hand and attached Ito seal of said Company this 281h day of May,2D 15 ""` Randall Musselman,Secretary Bond No.: 12114665 DUPLICATE ORIGINAL Premium included with the Performance Bond 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 Alta Verde Homes LLC, 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 2015, and identified as Tract Map 36723 is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terns 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. The Guarantee Company of NOW THEREFORE, we, the Principal, and North America USA 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 dale of completion and acceptance of said work, in the penal sum of two hundred eleven thousand, nine hundred fifty dollars (5211.950.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials fumished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and Maintenance 8 Warranty Bond Page 2 performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. (Signatures on Next Page) Maintenance &Warranty Bond Page 3 IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and Surety above named, on May 28th 2015. SUBDIVIDER: Alta Verde Homes LLC, a California Limited Liability Company Check one:_Individual _Partnership x Corporation'_Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By: By: Signature (notarized) Signature (notarized) Name: q Name: Title: 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) SURETY By: The Guarantee Company of North America USA By: (Surety Name) Attorney-in-Fact.Todd M. Rohm (All Signatures Shall Be Notarized) ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California } County of Orange } On May 28, 2015 before me, Susan E. Morales, Notary Public mamtn.aa i n e�r1 ' personally appeared Todd M. Rohm who proved to me on the basis of satisfactory evidence to be the person(e)whose name(s) isMm subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hisAmwAhak authorized capacity(ies), and that by his/4eFAheir signature(&) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN E.MORALES WITNESS my hand and official seal. COMM.#2101798 'z = NOTARY PUBLIC-CALFOW" 0PANOECOUNTf . My Comm.Eq*"Mardi 28,2019 Notary Public Signalure (Notary Public seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Thu farm complier wtlh ctiVent California Aotulrsregarding acrare,wording and. DESCRIPTION OF THE ATTACHED DOCUMENT ir needed should be coWleted and attached to the dacurtent Ackwim edgernsftara other states map he completedfar documents being sent to that rime so long arthe Bond#12114665 wording does not require the California notary to riolate Cal forma notary lain. (Tine or description of attached docranenl) _ - -- a State and County information must he the State and County where the document The Guarantee Company of North America stgttcr(s)personally appeared before the notary public for acknowicdgmcnt mtitinuedl (Title a dracripfim of at anted docriwi ._._._..._x_ • Date of notarization must be the date that the signer(s)personally appeared winch must also be the same dale the acknowledgment is completed Numberof 3 Document Date 6f28f15 • The nobly public must prim his or her name us it appears within his or her Pa9es commission followed by acamma and then your tide(notary public) • Pint the attracts)of document signers)who personally appear w the time of nolanzatm CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect foots(i e ❑ Individual (s) Wshdlheyr hs,w)in circling the correct forms Failure to correctly indicate this mfamtatmrt may lead to ryecnon of document recording ❑ Corporate Officer a The nomry seal nmpressmn must be clear and photographically reproducible impression muss not cover text cr lines If seal impression smudges,re-seal if a (Tifle) sufficient arm permits,otherwise complete a different acknowledgment farm ❑ Partner(s) • Signature of the notary public must match the vgmtturc an file with the once of %O Attome -in-Fad he clerk y 4 Additional information is rim required but could help to ensure this ❑ Trustee(s) acknowiedgment is not misused or attached to dilTcrent documeta ❑ Other e• Indicate tithe or type of attached document,number of pages and date 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate olAcer,indicate the tide It c.CEO.CFO,Secretary). 2013 Verse�nwv.w NdaryClasses ccm 8�0,373.9di35 • Securely attach this document to the signed document with a staple CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 29, 2015 before me, Madelyn Ly-Ian Vo, Notary Public - California awert r-ne m personally appeared David Kivitz who proved to me on the basis of satisfactory evidence to be the person($)whose name( is/am subscribed to the within instrument and acknowledged to me that he/shWtfty executed the same in his/her/ authorized capacity(w, and that by hisAWttligr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(t) 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. - - - - - - - - - - - - - - - -- - -- MADELYN LY-LAN V0 WITNESS my hand and official seal. commission#2030288 �� /,,� i -� Notary Puhlle-California .�G�r"'yy`� � /� Los Angeles County My Comm.Expires Jun 22,2017 r Notary Pub' signatur (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 77iirform complies wnh mrteni Californiastaturesregardingnoearyu-wdtngmnd, DESCRIPTION OF THE ATTACHED DOCUMENT fneededshouldbecompletedandarrachedtothedocumentAcknmeledgmems from other states may be compleled fw dociu ems being sent to that state so long Bond for Maintanee&Warranty#12114665 as the wading does nor require the Calornia notary to violate Cal fo na,norm haw. (Title or desalp8on oladadied doamteN) a State and County infamasion must be the Stone and County where the document Alta Verde Homes-City of Palm Springs sigrher(s)personally appeared before the notary public lot ecAnowlcdgmcm. (T ardescription of eaached document con8mted) - Dmc of noteriaetim must be the due that the signer(s)personally appeared which must also be the same dime die acknowledgment is completed. Number of Pages 3 Document Date 5/28/2015 • The notary public most print his or her time as it appears within his or her commission followed by a comma and then ycar title(notary public). m Print the mmne(s) or document signer(&) who personally appear in the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect lams fire. ❑ Individual (s) iWshe/dtayr is late)or circling the correct farms.Failure to correctly indicate this ❑ Corporate Officer �informit ion may Iced to rejection ofdncument recording. notary seal impression mint be clear and photographically reproducible. Impression most not cover text or lines. If seal impression smudges,re-seal if a If suRcienl area pemhits,otherwise complete a differem acknowledgment form. ❑ Partner(s) - Signature orthe notary public most match the signature on rile with the once of -in-Fact the county clerk. ❑ Attome y fi Additional information is not requited but could help to ensure this ❑ Trustee(s) aclahowledgment is not misused or attached to a different document. ❑ Other it Indicate title or type of attached document,number of pages and date 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate omcer,indicate the title(ire.CEO,CFO,Secretary), 2015 Version v NotaryClasses com 800 873-9865 Securely adwh this document to the signed document with a staple. THE The Guarantee Company of North America USA GUARANTEE„ POWER OF ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the Stale of Michigan,having Its principal office in Southfield.Michigan,does hereby constitute and appoint Todd Rohm,Cathy Kennedy,Beata A,Semi,Shane Wolr Rohm Insurance Agency its true and lawful altrneylsHd-fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof,which are or may be allowed,required or permitted by law,statute.rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shag he as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all Intents and purposes, as if the same had been duty exerted and acknowledged by its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so,and may be revoked,pursuant to and by authority of Article W,Section 9.03 of the By-Laws adopted by the Board of Dlredors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 314 day of December,2003. The President,or any Duce President,acting with any Secretary or Assistant Secretary,shall have power and authority 1. To appoint Attomey(s)-Irvfad, and to authorize them to execute on behalf of the Company. and attach the Seal of the Company thereto, bends and undertakings,contracts of Indemnity ant other writings obligatory in the nature thereof,and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3 In connection widh obligations in favor of the Florida Department of Transportation only,a is agreed that the power and authority hereby given to the Atlorneyan-Fact Includes any and all consents for the release of retained percentages andlor final estmales on engineering and construction contracts required by the State of Florida DeparaneM of Transportation. It Is fully understood that consenting to the Slate of Florida Department of Transportation making payment of fie final esfi hate to the Contractor andfor Its assignee,shall not relieve this surety company of any of Its obligations under is bond. 4. In connection with obtgadomi In favor of the Kentucky Department of Highways only,It is agreed that the power and authority hereby given to fed Altomey-in-Fact cannot be mkdifed or revoked unless prior written personal notice of such intent has been given to the Commissioner— Deperiment of Hghways of the Commornveath of Kentucky at least thirty(W)days prior to the modification or revocation. Further,this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duty called and held on the 61 h day of December 2011.of which the following is a true excerpt: RESOLVED that the signalise of airy authorized officer and the seal of the Company may be afruoed by facsimile to any Pourer of Atomey or certification thereof authorizing the execution and delivery of any bond.undertaking,contacts or Indemnity and other writings obligatory In the nature thereof,and such signature and seal when soused shall have the same force and effect as though manually affixed. �sv^rr IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed ant its corporate seal to be affixed by Its authorized officer.this 23rd day of February.2012, s7 THE GUARANTEE COMPANY OF NORTH AMERICA USA i• STATE OF MICHIGAN Stephan C.Ruschak,President S Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came lite individuals who executed the preceding Instrument,to me personally known,and being try me duty sworn,said mat each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A Takai IN WITNESS WHEREOF,i have hereunto set my hand at The Guarantee Notery Public,State of Michigan Company of North America USA/offices the day and year above written. 0 County of February Oakland My Commission Expiress February 27,2018 Acting in Oakland County I,Randall Mu sselman.Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing Is a Ime and coned copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA.which Is still In full farce and effect. 4 IN WITNESS WHEREOF,I haw thereunto set my hand and attached the seal of said Company this 28th day of May,2015 ""`� Randall Mussaintan,Secretary