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HomeMy WebLinkAboutA5324 - SUBDIVISION IMP AGR P S AVENIDA CABALLEROS/SAN RAFAEL LLC TM 33933 MURANO RESIDENTIAL PROJECT pALM g .. V c City of Palm Springs Department of Public Works and Engineering �p r 3200 E.Tahquicz Canyon Way • Palm Springs, CA 92262 Tel:(760)323-8253 Fax:(760)322-8360 Web: www.palmspringsca.gov cq�i'FORN�� June 26, 20 N C� Gallagher Construction & Surety Services 505 North Brand Blvd.; Suite #600 Glendale, CA 91203 _ - —1 Attn: Richard Adair n Re: Tract Map 33933 (Murano by P.S. Avenida Caballeros/San Rafael, LLC) u Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and P.S. Avenida Caballeros/San Rafael, LLC related to Tract Map 33933, have been partially satisfied. The concrete work and base paving on the two southern streets in the project have been completed, allowing 258,000.00 to be released from the Faithful Performance Bond, leaving a remainder of $822,000.00. Because P.S. Avenida Caballeros/San Rafael, LLC no longer owns the property, the Labor/Materials Bond is being decreased to 50% of the remaining Faithful Performance Bond at the point when Far West Industries purchased the unsold remainder of the project. No more of the Labor/Materials Bond can be released until the City is in receipt of copies (from Far West Industries) of recorded Notice(s) of completion, if any, with an updated Title Report for the entire property dated at least 60 days after the recorded Notice(s) of Completion, if any, OR 90 days after City acceptance of the work if no Notice(s) of Completion are recorded, to verify existence of any recorded Mechanic's Liens. Faithful Performance Bond; Bond No. 431032; $ 822,000.00 • Labor& Materials Bond; Included in Performance Bond Premium; $ 540,000.00 The Desert Water Agency (DWA) will not release any of the water system bonds, accounting for$621,000 of Faithful Performance Bond that must remain in place. Until the final video of the sewer system has been completed, the project can not be accepted in its entirety by the City and 25% of the sewer bond amount on the two southern on-site streets must be held by the City. As a courtesy to P.S. Avenida Caballeros/San Rafael, LLC, the Maintenance/Warranty Security was released on June 16, 2010, in full ($357,675.00) until the project has been accepted by the City in its entirety. At that time, the City will request a new Maintenance/Warranty Security prior to the last $357,675.00 being released from the Faithful Performance Security. The new Maintenance/Warranty Security cannot be released until one year after the acceptance of the work in its entirety by the City of Palm Springs (which has not occurred yet).The following bonds required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Monumentation Bond; Bond No. 431033; $ 0.00 • Maintenance/Warranty Bond; Included in Performance Bond Premium; $ 0.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Co.. Mae McCaNisferafGarda Insurance via emaN;John Shipka via emett;Bruce Bush"We email;James Thompson,CNy Clerk;TM33933 file Post Office Box 2743 • Palm Springs, California 92263-2743 40�Q P`M Sp4 ry C G� V N + k W vi° �C °Orouno p 4</FORN� City Council Staff Report Date: January 18, 2012 CONSENT CALENDAR Subject: APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY A part of the City's approval of a final subdivision map is the concurrent approval of a subdivision improvement agreement between the City and developer. The agreement secures the costs of on-site and off-site public improvements, and provides a 2-year period to complete the improvements. Given the current state of the economy, many projects remain incomplete and it is necessary to extend the subdivision improvement agreements to ensure the City retains an ability to pursue the securities in the event a developer defaults. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS." STAFF ANALYSIS: Subdivision improvement agreements are approved as part of the City Council's approval of a final map for subdivision of property for residential or commercial purposes. The agreement between the City and Subdivider obligates the Subdivider to construct all the necessary public improvements, which are secured with bonds or other suitable security to ensure the improvements are constructed and laborers and suppliers are paid. The City retains the ability to call the securities in the event public improvements are not completed and the Subdivider has defaulted on the property. As the national economic recession continues to impact the real estate market, many residential projects have stopped construction and are on indefinite hold until the market improves. Terms of the subdivision improvement agreement require that the Subdivider complete the subdivision improvements within a certain time frame (generally two years ITEM NO. City Council Staff Report • • January 18, 2012- Page 2 Time Extension of Various Subdivision Agreements from the City's approval of the improvement plans). As the real estate market continues to be impacted by the on-going economic recession, it is staff's recommendation that the City Council acknowledge that factors beyond the Subdivider's control have delayed completion of the projects, and requires an additional time extension to various subdivision improvement agreements. In 2009, 2010, and 2011 the City Council previously approved en masse a one-year time extension to various subdivision improvement agreements. Given the continued economic recession, staff recommends that the City Council proactively extend the following subdivision improvement agreements, as follows: Tract Map 30050 "Alta", extended to February 3, 2013 Tract Map 31263, "The Towers", extended to February 3, 2013 Tract Map 32160 "Enclave", extended to February 18, 2013 Tract Map 30046 "Monte Sereno", extended to March 18, 2013 Tract Maps 32233-1, -2, -3 & -4 "Escena", extended to April 2, 2013 Tract Map 32675 "Alexander Country Club Estates", extended to April 2, 2013 Tract Map 33561 "Palermo", extended to April 2, 2013 Tract Map 33162 "Pedregal", extended to April 4, 2013 Tract Map 31848-1 "Avalon", extended to May 4, 2013 Tract Map 32732 "Oceo", extended to May 20, 2013 Tract Map 33933 "Murano", extended to May 24, 2013 Tract Map 28966 "Preserve Estates", extended to June 18, 2013 Tract Map 31514 "Luminaire", extended to June 18, 2013 Tract Map 31525 "Four Seasons III, extended to June 18, 2013 Tract Map 33161 "Vista San Jacinto', extended to August 9, 2013 It should be noted that in most cases a majority of the subdivision improvements have been completed, but certain on-site improvements remain incomplete. For example, many of these subdivisions have installed base-paving (the first 2 inches of asphalt concrete pavement), but have not yet installed the final "cap" (the last 1 inch of asphalt concrete pavement). Delaying the final "cap" on the streets prevents the streets from being damaged during construction of the houses, and is often delayed until the very end of construction. Delaying the final "cap" also prevents the final adjustment of sewer manholes and water valves to grade, which prevents the City and DWA from granting final acceptance of those utilities. Of the subdivisions listed above, the following are projects that have not completed a majority of the on-site or off-site improvements: Tract Map 33561 "Palermo" (the second phase of the development has not been constructed, all off-site improvements are completed); Tract Map 33162 "Pedregal" (the site has been graded and the on-site sewer extension has been completed, but most on-site improvements are incomplete, and no off-site improvements have been completed); 02 City Council Staff Report • • January 18, 2012- Page 3 Time Extension of Various Subdivision Agreements Tract Map 33933 "Murano" (the site has been graded and two of the four on-site private streets have been completed, but construction of the last two on-site private streets has not started); Tract Map 33161 "Vista San Jacinto" (the on-site improvements remain incomplete); Staff will continue to coordinate with each Subdivider, and in some cases the property has defaulted to the lender, requiring staff to coordinate with a new developer or the bank on completion of remaining improvements. The City Council's formal approval of a time extension to the Subdivision Improvement Agreements establishes a public record of the action, and ensures that the surety companies continue to acknowledge the validity of the agreement and the City's ability to use the securities in the event of a Subdivider's default of the Agreement. FISCAL IMPACT: None. SUBMITTED: Prepared by: Recommended by: l Jv, Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Thomas J. Wils , Asst. City Manager David H. Ready, Ci ATTACHMENTS: 1. Resolution 03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS WHEREAS, the City Council has approved various subdivisions for development projects throughout the City; and WHEREAS, included with the City Council's approval of each subdivision is approval of a Subdivision Improvement Agreement between the City and Subdivider identifying certain obligations of the Subdivider, including an obligation to complete subdivision improvements within two years of commencement of work; and WHEREAS, the current economic recession has significantly impacted the real estate market; and WHEREAS, a number of residential subdivisions throughout the City are in various stages of completion, and have been placed on an indefinite hold by the Subdivider until the real estate market improves; and WHEREAS, it is necessary to grant a time extension to various subdivision improvement agreements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: The City Council hereby approves time extensions to the following Subdivision Improvement Agreements, as follows: Agreement No. 4814, Tract Map 28966, extended to June 18, 2013 Agreement No. 4955, Tract Map 30050, extended to February 3, 2013 Agreement No. 5086, Tract Map 32233-1, extended to April 2, 2013 Agreement No. 5087, Tract Map 32233-2, extended to April 2, 2013 Agreement No. 5088, Tract Map 32233-3, extended to April 2, 2013 Agreement No. 5089, Tract Map 32233-4, extended to April 2, 2013 Agreement No. 5100, Tract Map 31263, extended to February 3, 2013 Agreement No. 5105, Tract Map 32160, extended to February 18, 2013 Agreement No. 5131, Tract Map 30046, extended to March 18, 2013 Agreement No. 5155, Tract Map 31514, extended to June 18, 2013 Agreement No. 5246, Tract Map 33561, extended to April 2, 2013 Agreement No. 5276, Tract Map 32675, extended to April 2, 2013 Agreement No. 5324, Tract Map 33933, extended to May 24, 2013 Agreement No. 5393, Tract Map 31848-1, extended to May 4, 2013 04 Resolution No. • • Page 2 Agreement No. 5426, Tract Map 32732, extended to May 20, 2013 Agreement No. 5436, Tract Map 33161, extended to August 9, 2013 Agreement No. 5439, Tract Map 31525, extended to June 18, 2013 Agreement No. 5516, Tract Map 33162, extended to April 4, 2013 ADOPTED THIS 18th day of January, 2012. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 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. _ 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 January 18, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 05 i PALM C tty of Palm Springs * j1 * Department of Public Works and Engineering '* I 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760)323-8253 ' Pax:(760)322-8360 • Web: www.paimspringsca.gov na n 7 February 23, 2011 �4 r—0 :: rn P.S. Avenida Caballeros/San Rafael, LLC , rn c/o The Enterprise Companies 'K 3415 Enterprise Way tv Palm Springs, CA 92262 Re: Tract Map 33933 (P.S. Avenida Caballeros/San Rafael, LLC): Time Extension for Subdivision Improvement Agreement Mr. Bruce Bushore: On February 2, 2011, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision Improvement Agreement No. 5324 for Tract Map No. 33933 (Murano), with P.S. Avenida Caballeros/San Rafael, LLC, adding a requirement that the vacant portions of the site be stabilized or hydra-seeded and maintained as such at all times, and requiring continuation of the ongoing maintenance of the on-site sewer system (which has not yet been accepted for maintenance by the City) and of the fully paved streets on the north half of the site, that affect currently occupied residences. The new expiration date for the Tract Map No, 33933 Subdivision Improvement Agreement is May 24, 2012. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, &`t-v`f Carol Templeton Engineering Associate Cc: Bruce Bushore of The Enterprise Companies,via email;James Thompson,City Clerk,TM33933 file Post Office Box 2743 • Palm Springs, California 92263-2743 _ L KOO � City of Palm Spr ' s �u .; . d Department of Public Works and Engineering v 3200 F..Tahquitz Canyon Way • Palm Springs,California 92262 C'14 \� = Tel: (760)323-8253 • Fax: (760)322-8360 • Web: www.paimspringsca.gov June 16, 2010 :' Gallagher Construction & Surety Services 505 North Brand Blvd.; Suite #600 Glendale, CA 91203 Attn: Richard Adair r; Re: Tract Map 33933 (Murano by P.S. Avenida Caballeros/San Rafael, LLC) W Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and P.S. Avenida Caballeros/San Rafael, LLC related to Tract Map 33933, have been partially satisfied. As a courtesy to P.S. Avenida Caballeros/San Rafael, LLC, the Maintenance/Warranty Security is being released in full ($357,675.00) until the project has been accepted by the City in its entirety. At that time, the City will request a new Maintenance/Warranty Security prior to the last $357,675.00 being released from the Faithful Performance Security. The new Maintenance/Warranty Security can not be released until one year after the acceptance of the work in its entirety by the City of Palm Springs (which has not occurred yet). • Maintenance/Warranty Bond; Included in Performance Bond Premium; $ 0.00 The Desert Water Agency (DWA) will not release any of the water system bonds, accounting for $621,000 of Faithful Performance Bond that must remain in place. Until the final video of the sewer system has been completed, the project can not be accepted in its entirety by the City and 25% of the sewer bond amount must be held by the City. The Labor/Materials Bond can not be released until the City is in receipt of copies of recorded Notice(s) of completion, if any, with an updated Title Report for the entire property dated at least 60 days after the recorded Notice(s) of Completion, if any, OR 90 days after City acceptance of the work if no Notice(s) of Completion are recorded, to verify existence of any recorded Mechanic's Liens. Please submit a Title Report dated within the last 3 months so that some of the Labor/Materials Bond can be released. The following bonds required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Faithful Performance Bond; Bond No. 431032; $1,080,000.00 • Labor & Materials Bond; Included in Performance Bond Premium; $1,192,250.00 • Monumentation Bond; Bond No. 431033; $ 0.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, evtt� Carol Templeton Engineering Associate Ce. Mae McCallister of Garcia Insurance via email;Bruce Bushore via email;James Thompson,City Clerk,TM33933 file l)-.- Clrr:.__. i? --- '1-7/'? . n_1- c-_:_-_ /-_1:[._ n7'lL2 '1"7A2 FQP,Lid City of Palm Springs A. z 4 0 Dcpartment of Public Works and Engineering , Iry qs° 3200 L.T,111gw(z Canyon Way • Palm Springy, CaNfornm 92262 C /wan.ca' P Tel: (760)323.825D • Fax: (760) 122.-8360 • Web: www.a.paLn-epnngvai.us Q</FOR�� jX0A February 26, 2009 Bruce Bushore P.S. Avenida Caballeros/San Rafael, LLC C/o The Enterprise Companies 230 Enterprise Way Palm Springs, CA 92262 Re: Tract Map 33933 (P.S. Avenida Caballeros/San Rafael, LLC): Time Extension for Subdivision Improvement Agreement Mr. Bushore: On February 18, 2009, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision Improvement Agreement No. 5324 for Tract Map No. 33933 (Murano), with P.S. Avenida Caballeros/San Rafael, LLC, adding a requirement that the vacant portions of the site be stabilized or hydro-seeded and maintained as such at all times, and to require ongoing maintenance of the fully paved streets on the north half of the site, that affect currently occupied residences. The new expiration date for the Tract Map No. 33933 Subdivision Improvement Agreement is May 24, 2010. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, eax&�w Carol Templeton Engineering Associate n� �,• Cc' Bruce Bushore of The enterprise Companies via email:city Clerk;7M33933 file p .0 h3 c Posr O(T(ce Box 2743 ' Palm Springs, California 92263-2743 DOC # 2006-0783108 10/25/2006 08:00R Fee:NC Pay' 1 of 36 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY: County of Riverside Larry W. Ward R.n"slor C ounty Clerk & Recorder AND WHEN RECORDED MAIL TO: Il�lll��I^� II •I II I^�111111111 A lI1 III N ,,,�as'' i G�rl1 097 5rnf T. - S R U PAGE SIZE DA MISC LONG I 12F13 COPY �1 Lv^� M A L 455 426 PCOR NCOR SMF r'NCHG � euu Space above this line for recorders use only TRA: ITT: _ —02 Title ofDocumenf THIS AREA FOB R E C nnDER'S USE ONLY This PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 235P-AS4REO(Rev.0712006) SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and P.S. AVENIDA CABALLEROSISAN RAFAEL, LLC A DELAWARE LIMITED LIABILITY COMPANY ° �Illlilllllllll111111111311111111111111111111111lII ���5a2 or36��,R � . / TABLE OFCONTENTS Construction Obligations....................... ........~.............. ......................—....2 1-1 Works of Improvement... ................... ........... ------------------------- .................2 1.2 Other Obligations Referenced inConditions of TentativeMap Approval ...................................... ..................... ........ -------2 1.3 Intent O[Plans............................ .... ------------------ ........ ..........................2 1/4 Survey MonunleOts. ........................ ............................. ... .....................2 1,5 Performance of Work....................... ^.°...... ......... ........... .,,------------- .....3 1.6 Changes in the Work......^. ............. .............. ~~~~.......,,~.......... -------3 1.7 Defective Work------------------------ ..___.................................................. °, .....3 1-8 No Warranty bv City....... ,,,,,,,,_---^_,^~,.^.^,_,,,,,,_~,,3 1.9 Authority of the City Engineer............... ............. ------- ...........'3 1.10 Documents Available at the Site............. ..................................................3 111 |OsDeCUOn................ .... .. ..........................^~ .......~^"...~°~" ...........3 1,12 Compliance with Law....................................................... ---------- ............4 113 Suspension Of Work..... ............. ............ ................ ~_,~~.~~ ------ .4 114 Final Acceptance of Works of Improvement..............^.................. ........ ....4 Z Time for Performance--- ........................ .............................. ................ --------------4 21 Commencement and Completion Dates _............ ------------ --------.. ...........4 2.2 Phasing Requirements.................~~............. ~ ................. .... ................5 2.3 Force KXaiamne.... .......... ------- _- ...... .... ..... ............... ...........................5 2/4 Continuous Work...... ° ................... .............. ............................ ............5 2.5 Reversion bo /\cReag�....... .... ................^—.............., .... ......... .. ........5 2-6 Time Ufthe Essence ...~. ....................... ...-------------------------- .°.............6 3, Labor........... ....... ... .................................. .......................... .............. ..............G 31 Labor Stand@rds. ....... ........ .................. ........................--................._6 3.2 Nondiscrimination.............. ............ ................~".................................... ^6 3.3 Licensed Contractors ....... ....... ............................. ....... .................. .....6 3.4 Workers' Compensation........ .................................. ......._ ......^- ---...^,6 4. Security...... ...... .............................................................,.................... ................6 41 Required SecDMtv..- ..... ................................ ........^ ............... .................6 4.2 Form of Security Instruments- ................................. .................-...........7 4[3 SUbdkvider's Liability...................^.~ ............. ...........................................8 44 Letters mf Credit .................—..................... .................. —'^. ........8 4[5 Release Uf Security |riHtn/rDeOts .......................... .................._...........Q } 5. Cost of Construction and Provision of Inspection Service..................................................................................................................9 5-1 Subdivider Responsible for All Related Costs of Construction...............................................................................................9 5-2 Payment to City for Cost of Related Inspection and Engineering Services........... ........................ ............ ......................10 G. Acceptance of Offers of Dedication.....................................................................10 7. Warranty of Work........ .......... ...................—.........-............-.......... .........10 8. Default................................................................................................................10 8.1 Remedies Not Exclusive ...... ------------ ------------ ------------ -------------...............10 8.2 City Right to Perform Work.......................................................................11 8.3 Attorney's Fees and Costs.......................................................................11 9. Indemnity--------------------------- ------.-----------------------------------.-------------------------------------11 10 General Provisions..............................................................................................11 10-1 Successors and Assigns._-.......-----------------------------------------------------------11 10.2 No Third Party Beneficiaries.....................................................................11 10.3 Entire Agreement; Waivers and Amendments .........................................12 11. Corporate Authority.............................................................................................12 I I2 I�Ili�l IIII/II IIII IIIII IIIII IIIII�I�III III IIIII IIII III! 10J��a@ @SA00R SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement') is entered into this e-3" day of d►DC4251 , 2006, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and P.S. AVENIDA CABALLEROSISAN RAFAEL, LLC, a Delaware Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No, 33933 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 °B". B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lots "A" through "C" for street and public utility purposes; easements for public utility and sewer purposes with right of ingress and egress for service and emergency vehicles and personnel over the on-site private streets, as shown on the map; a 20 feet wide easement for sewer purposes as shown on the map; abutters rights of access to San Rafael Drive adjacent to Lots 49 through 56, and abutters rights of access to Avenida Caballeros adjacent to Lots 6, 17, 18, 29, 30, 41, 42, 56, and 57, all as shown on the map; and City desires to accept the public dedication as shown an the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. I I�{III Ill�lll IIII IIIII fllll I�III I1lfli III I�IIIIIII III is?es 6-a 7e Qeen 1, Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $2,384.500.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval 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 hWher designee) and in full compliance with all codes and the terns 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 Engineers prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 2 II��III��II�II IIIIIIiII�IIII�IiIiIIIIII Illilillllll III i0 i? 060 as 896�[fl 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.0 Changes_-in-the_ Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the Citv Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdividers 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 3 I III�I ��II III 1 III 1 I IIf II III I I�I I IA� �A ie/2s/20ae a�eee 7 of 3b direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve 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 4 I III I I��� III III III I 1111II�II III II II I IN ia700z of f B gM00R 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 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 Re uirements. 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 pen-nits 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 Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty(30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 5 f IIIIIIII�II�IIIIII11111111111111111111111111IR1III 1e @ 36AeeR 664.99.11-65499.20-314. 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 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. 41 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"): 6 IllllIIIIIIIIIllllllllllllllllllliIIIIIIIII t� 10Of8F 10 Of 36 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2.384,500.00 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 $1,192,250.00 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 $45,000.00 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 a 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 $357,675.00 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. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poors. (b) Letters of Credit. For security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 7 141111111111111111111111111111111lillllIII111111ItIIII Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4_ (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Reeuirements for all Security Instruments. (I) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument_ 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4_ 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, 8 IIIIIIIIIIIIII IIII II I I IIIII IIIIIIIIIIIIII1111111 rays 2a 6£eea°°� issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an 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 9 20FsFr@7E;t�+2 111111111111111111111111111111911I�IIIIlll111111lt1111 tarzsre,e,r aseR separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the Work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement_ Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to.repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIIIII 10n�5 6£S� 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdividers default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs- In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment_ 9. Indemni . 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 11 1 I�IIII Nlllfll II I I�III IIII�IIIII Ifl��l III IIII�{III llll ians�F A7 36P� Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing 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_ COmorateAuthority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (li) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such parry 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 parry is bound. M t fF fF W (Signatures on Next Page) 12 I 1 Ill l lilll l Ill lllll i l l l 111 llllll 111 llllll 111 III In 2a?zs65Fi gseR IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City Clerk David H. Ready, Cit nager STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: oeL APPR0B BYWYCOUNCIL David Barakian, City Engineer 07 21olZ000 Z•F �0fO9� A53� SUBDIVIDER: P.S. AVENIDA CABALLEROSISAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: Individual_Partnership L 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: By:_ Sign ure ed) Signature (notarized) Nam on Shipka. Jr_ Name: John Shi ka Title: President and Treasurer Title: Vice President and Secretary _ (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 I III I III�I I I I III I I��III 111111111111111 K 1111 1N E�17 OE 3600R Mailing Address: P.S. Avenida Caballeros/San Rafael, LLC 2121 E. 7ahquitz Canyon Way, Suite 1 Pafm Springs, CA 92262 (760) 326-7920 (760)406-5872 (fax) 14 1 II111011I{IlNlll�llIIIIII{II{1llllll{llllilll{114II1 i0r©8s6�£0360FP ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of :a er ;c`e_ SIGNER On 7sw�., o La a before me,S L�,7arzP aad .�tl61:� Date ^^11 � Title ppf��}}fficer ❑INDIVIDUAL(S) �O17w 8\ QFa U:cY1G t� rdr' o- l S'err.Tar personally appeared cge PORATE WAE(S) OF SIGNER(S) OFFICER(S) personally known to me - OR— TITLE(S) o proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) persons(s), whose name( Ware subscribed to the within :ATTORNEY-IN-FACT instrument and acknowledged to me that ba4&Wthey executed oTRUSTEE(S) the same in 4WPAF/their authorized capacity(iaa), and that by oSUBSCRIBING WITNESS hWher/their signatures on the instrument the personal or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons(s) acted, executed the ❑OTHER instrument. Witness my hand and official seal- x.L WAMCHA SIGNER IS REPRESENTING_ CommlpWn.4 187596E y Signatureof Lary Mdar�RieEc-caNlanla Y aWW&cc "N r,+r Comm a ow Jun u,20j, ATTENTION NOTARY. Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. Swti d�v:x:o.. 'S•.,p rdua.,.a+F i��rr..,.+«-1' THIS CERTIFICATE Title or Type of Document `Q �[ ;, c� i:;r`I S'�r-9s L-0— MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE OF DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above IIIIII IIIIIII Il�f IIIII�IIII Allll IIII�I III IIIIII I�I II I ieres06e se08,Gen l Under the provisions of Crovermnmt Cods 27361.7,I certify under the penalty of Perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary :_ 5. L . wAfz-LErAA- Commissiont1 1 _`11,P 596 _ place of Execution: TzlLeLStOE- ccu 1 r _ Date Commission Expires :,_ j owa '2Jl 1) _ Date Signature b II I`1111I`I`l`11 1I I{ 411II I` II 1lI 1lI` 1III 11 1I 1 f 111 2A06 �733103 I11I jgjI I IJJ Illllllll�IIIIII IUI�I�III I�I�II1�I III.I re/2s2e ar B E ea EXHIBIT "A" TRACT MAP 33933 LEGAL DESCRIPTION Tract Map No. 33933, as recorded in Map Book Y66, Pages 95' through 27 inclusive, records of Riverside County, California. II II IIII 16 Il�llll�III�II III�I�I�I ����I111111111111111111111111 AF20/2Pa£e 3-CE III EXHIBIT "B" TENTATIVE TRACT MAP 33933 CONDITIONS OF APPROVAL 17 illlllllllllllllllllllflllllllllllllli ill lll uilllll a?00EA7 Hp IIIIII IIIIIII IIII IIIII IIIII IIIII IIIIII III IIIIIII II IIII !F 2V��U8or88 00A 'frfluv a By Crst C COUNCIL ' (�PPR9VFA By In EXHIBIT A Case Oate1=�'cl� CITY OF PALM SPRINGS4ssnlutioa s dr4MzTiae CONDITIONS OF APPROVAL WPRCVAL .U133 RY A6�JE gt}p1 TENTATIVE TRACT MAP 33933 (Murano Residential f � APN: 501-020-016 East Side of Avenida Caballeros&San Rafael Road 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 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. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development ofthe premises shall conform to all applicable regulations of the Palm Springs .Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,officers,and employees from any claim,action,or proceeding againstthe City of Palm Springs or its agents, officers or employees to attach,set aside,void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Tentative Tract Map 33933. 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 or 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 applicants 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. 3. That the property owner(s) and successors and assignees In interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, 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 rlequired by theCity.. I AA I�II��I III II 1��I I�I l�l IIIA1 II�IIIII�II I�iI ie 2a 2 es�6aeR 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either 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 1/29/6 for commercial or industrial projects, 1/4% for new residential subdivisions,or 1/4%for new individual single-family residential units constnroted on a lot located in an existing subdivision 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 Services and the Public Arts 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. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance vim Government Cade Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits,a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee, The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 6. The mitigation measures of the environmental assessment shall apply. The applicantshall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures ©W are as follows: �NO �N[yy M N rom III-1 Earth-moving activities shall be suspended during the first and second stage ozone episodes or when winds exceed 25 MPH, per the Coachella Valley _ PM10 State Implementation Plan and SCAQMD Rule 403.1. MM III-2 Adequate watering techniques shall be employed to partially mitlgate the impact of construction-generated dust particulates- Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications, MM III-3 Any construction access roads should be paved as soon as possible and cleaned after each workday. The maximum vehicle speed limit on unpaved road surfaces shall be 15 MPH- MM 111-4 All trucks should maintain at least two feet of freeboard. MM 111-5 All trucks hauling dirt, sand, soil or other loose dirt material off-site should be covered and washed off before leaving the site. MM III-6 Adjacent streets should be swept if silt is carried over to adjacent public thoroughfares. MM III-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion-Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. MM 111-8 Construction operations affecting off site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction ofthrough-traffic lames. 7. The developer shall reimburse the Cityfor the City's costs incurred in monitoring the developers compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code, CC&Ft's 8. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants,conditions and restrictions( CC&RV')to the Director of Planning Services for approval in a form to be approved by the City Attorney,to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 0 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of m $2000,forthe review of the CC&R's by the City Attorney-A filing fee, in accordance Imo m N� with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. G public Safety CFD =� 10. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly,the City may determine to form a Community Services District underthe ^—• authority of Government Code Section 53311 et seq,or other appropriate statutory or municipal authority- Developer agrees to support the formation of such assessment MOM 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 with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against Each parcel, permitting incorporation of the parcel in the district. ENGINEERING/PUBLIC WORKS DEPARTMENT ' The Engineering Division recommends that if this application is approved,such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer_ STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. AVENIDA CABALLEROS 3. Dedicate abutters rights of access to Avenida Caballeros adjacent to Lots 6, 17, 18, 29, 30, 41, 42 56 and 57; vehicular access to Avenida Caballeros shall be prohibited. j 4. Remove the existing driveway approach across from the existing Sundahce Tract entry and construct new curb and gutter to match existing improvements, in accordance with City of Palm Springs Standard Drawing No. 200_ 5. Remove the existing S inch curb and gutter located 32 east of centerline as necessary to construct the on-site private street intersections;and construct 25 feet radius curb returns, spandrels,and 6 feet wide cross-gutters at each intersection of the on-site private streets with Avenida Caballeros, in accordance with City of Palm Springs Standard Drawing No, 200 and 206. 6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast comer of the intersection of Avenida Caballeros and San Rafael Drive, in accordance with City of Palm Springs Standard Drawing No. 212, 8. All broken or off grade street improvements shall be repaired or replaced. SAN RAFAEL DRIVE 9. Dedicate the ultimate half street right-of-way width of 44 feet along the entire frontage, together with a property line -corner cut-back at the northwest corner of llllllllllllllllll 111113 111111111111111111111111Ill 16 2'S02? oe 06PF 7 f 36 j the subject property,in accordance with City of Palm Springs Standard Drawing No_ 105. 10. Dedicate abutters rights of access to San Rafael Drive adjacent to Lots 49 through 56; vehicular access to San Rafael Drive shall be prohibited. 11. Remove the existing asphalt concrete berm and replace with an 8 inch curb and gutter located 32 feet south of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No_ 200. 12, Remove the existing asphalt concrete sidewalk and construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 13. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement 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 along the entire San Rafael Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed,the proposed pavement section shall be designed by a Califomia registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. j FRANCIS DRIVE 14. Dedicate the ultimate half street right-of-way width of 30 feet along the entire frontage of the subject property. 15. 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. 16. Construct driveway approaches for Lots 1 through 5 in accordance with Gity of Palm Springs Standard Drawing No.201_ The driveway access to Lot 1 shall be located on the west side of Lot 1,as far as possible from the Francis Drive and Aurora Drive intersection. 17. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 118_ Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement 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 along the entire Francis Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be 5 II III I I �IIl11l�111�111111111111I1 Ell 11111l 1111111l1# xereAO�esos�aae designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 19. Neighborhood traffic calming improvements shall be constructed on Francis Drive at Aurora Drive. The travel way shall be narrowed with curb "pap-outs" located on both sides of Francis Drive. Remove and reconstruct the existing curb return and spandrel at the southwest corner of Francis Drive and Aurora Drive with the new face of curb located 14 feet south of centerline, with an appropriate taper to match the existing curb and gutter. Construct a complementary curb"pap-out"adjacent to Lot 1 and opposite the reconstructed curb return at the southwest corner of Francis Drive and Aurora Drive,with the new face of curb located 14 feet north of centerline. Stamped, colored concrete shall be constructed within the curb"pop-outs". Other traffic calming improvements maybe required,including neighborhood identification signage, in consultation with the neighborhood group and as determined bythe City Engineer. Final engineering and other details associated with the traffic calming improvements shall be subject to the review and approval by the City Engineer. AZURE COURT, ENAMOR COURT, LUCENT COURT, & SOLACE COURT (ON-SITE PRIVATE STREETS) 20. Dedicate easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 1 21. Easements for on-site private streets to be considered as part of the common space to be maintained by a Homeowner's Association shall be dedicated and/or reserved on the final map. 22. All on-site private streets shall be two-way and a minimum of 26 feet wide (as measured from curb face). Tree wells, if constructed, shall be staggered on each side of the street to provide a minimum 20 feet wide travel way at any one tree well. 23, All on-site streets shall be constructed with concrete wedge curbs to accept and convey on-site stormwater runoff to the on-site stone drain system, in accordance with applicable City Standards, 24. All on-site cul-cle-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101_ Construct all cul-de-sacs with a minimum face of curb radius of 43 feet throughout the cul-de-sac bulb. 25, Construct pavement with a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed,the proposed pavement section shall be designed by OOP I 6 1 {II�II N�IIIII II II II IlllfIII�II�IIIIBI 1111111II IN 10I25&965@3G l a California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. 26. Parking shall be restricted along both sides of the on-site private streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be. installed along the private streets as necessary to enforce parking restrictions. The Horne Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions(CC&R's) required for the development_ SANITARY SEINER . 27. All sanitary facilities shall be connected to the public sewer system. New sewer laterals shall not be connected to existing sewer manholes. 28. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division.The plans shall be approved by the City Engineer prior to issuance of any building permits, 29. Dedicate a 20 feet wide easement for sewer purposes,adjacent to the westerly side and across Lots 1, 11, 12, 23, 24, 35, 36, and 47_ 30. Construct an 8 inch V,C.P, sewer main across the frontages of the on-site private streets and extending from Azure Court to Francis Drive. The 8 inch V.C.P. sewer main shall extend within the center of the 20 feet wide sewer easement across Lots 1, 11, 12, 23, 24, 35. 36, and 47. 31_ The easement shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Construction of permanent structures,swimming pools and equipment, or other improvements determined to be an obstruction of the public sewer easement shall not be allowed. Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Access to the public sewer easement from Francis drive and the on-site private streets shall be maintained, including, if necessary, 15 feetwide gates with look and access provided to the City of Palm Springs. 32, Provisions for maintenance of the public sewer easement, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development_ Notice shall be clearly Included in the CC&R's defining the restrictions of development within the easement across Lots 1, 11, 12, 23, 24, 35, 36, and 47. The CC&R's shall advise the property owners of the City's right to enter the properties, clear and remove any and all obstructions within the easement, and give the City right to charge all costs incurred in enforcing this fI Il I` Il 7 `I lI Il III�IIIIIlIIIIIIIII�III�IIIII4I� IIIIII III IIII IIIIIII�I }e.'25J�DOs 986eae provision to the owners of Lots 1, 11, 12,23, 24, 35. 36, and 47_ The CC&R's shall also advise the property owners of the fact that the City is not required to replace in like kind any landscaping or other improvements within the public sewer easement in the event repair or replacement of the existing sewer main is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. 33. All sewer mains constructed by the applicantand to become part ofthe public sewer system shall be televised priorto acceptance of the sewer system for maintenance by the City. GRADING 34. Submit a Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The plan shall show building set- backs, drainage swales with 1% minimum slope, high points of swales, and permanent Individual retention basin locations on each lot. House footprints do not need to be shown on the plan.The combination Grading Plan shall be approved by the City Engineer prior to issuance of a 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 Municipal Code, and f 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 Di*ict (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certfoate(s)of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information an the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD_gov. 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- lb. The first submittal of the combination 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Deport. 8 IIIIII IIIIIII IIII IIIII�IIII lll�l I�IIII III IIII�IIII III 16 5�31 6 es 6eue 35. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 36. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491)is required forthe proposed development_A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 37. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 38, A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development.A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 39. 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"Not cation 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), DRAINAGE 40. 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, individual on-site retention basins on each lot or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology and Hydraulic Report for Murano, prepared by The Keith Companies, as revised on November 7; 2005_ Final retention basin sizing, catch basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 41. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treafing with approved Best Management Practices (BMP's). 9 Zpp6 3 l IlllllllllllllIIIIIIIIIIIIIIIIIIIIIIIIIIllIIIIIllllllll 1BJ�-22 66�_ m 42. The applicant shall install a series of drywells, within the 5 feet wide private storm drain easements extending east from each of the on-site private streets and extending south along the east property line of the development from Azure Court to Francis Drive, as necessary to intercept stormwater runoff, including nuisance water, from the tributary area within the development_ The drywells shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff'from ordinary storm events (2-year storm events) using a maximum 2 inch per hour percolation rate, unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's)for this development that require the routine maintenance of the drywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells 'rf they fail to function, causing stagnantwaterto accumulate above ground within the basin_The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. In no event shell on-site stormwater runoff be released directly to Francis Drive without interception on-site by the private storm drain and drywell system. 43. Storm drain easements shall he reserved across the 5 feetwide private storm drain easements extending east from Azure Court, Enamor Court, Lucent Court and Solace Court, adjacent to the north property lines of Lots 11, 23, 35, and 47 and extending south adjacent to the east property lines of Lots 1, 11, 12,23,24,35,36, ) and 47, to Francis Drive. 44. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 45. Construct drainage improvements, including but not limited to catch basins, storm drain lines, and drywells for drainage of on-site streets as described in the Preliminary Hydrology and Hydraulic Report for Murano, prepared by The Keith Companies, as revised an November 7, 2005. Final retention basin sizing, catch basin siring, storm drain pipe sizing, drywell'sizing, and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 46_ The on-site storm drainage improvements shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site storm drainage improvements acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 47. Individual retention basins on each lot shall be identified on exhibits included in the Covenants, Conditions and Restnctions (CC&R's) required for this project. Provisions shall be included in the CC&R's requiring the preservation in perpetuity of the individual retention basins for use as on-site stormwater retention basins. iI f I II I I !10 I I I I IIIIII AIIAI I ICI IIIII II II IIIII IIIIII III I III III IIII 36 zs� es 9 20 SGA Notice shall be given to the property owners within the development that the stormwater retention volume of the individual retention basins shall be maintained. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the reconstruction of individual retention basins in the event that property owners are non-responsive to the City's written notice to reconstruct their individual retention basin,with costs to be recovered againstthe property owner by the City in accordance with state and local laws and regulations. 48. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENEPAL 49. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed forthe benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches,and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 50. All proposed utility lines shall be installed underground, 51. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 52. Upon approval of any improvement plan by the City Engineer,the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file)and DXF(AutoCAD ASCII drawing exchange file).Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 53. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and retumed to the Engineering Division priorto issuance of a Certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. I I I I 'V11 I 1�II II lllll� IIiI�Ifll II A IIIII III III AI�I���fl�l 1e OB eke s 36GOR 54. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 55. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City Of Palm Springs Standard Drawing No. 904_ MAP 56_ A Final Map shall be prepared by a California registered Land Surveyor orqualified 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. 57. A ropy of draft Covenants, Conditions and Restrictions (CC&R's)shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 1 58. 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 consistof the following data:California Coordinate System,CCS83 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, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). 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. TRAFFIC 59. If not already completed by others, submit traffic striping plans for Avenida Caballeros at San Rafael Drive to provide a southbound left-turn lane,southbound through/right-turn lane, northbound left-turn lane, and northbound through/right-turn lane, prepared by a California registered civil engineer,for review and approval by the City Engineer. 12 III I[I II 1111 IIII[I[II[I II II III I Ill III I[II ldn 33�o£33 60- The applicant shall be responsible for payment of its fair share of 4.05%(or$1,575) of the cost to install traffic striping improvements at the Avenida Caballeros and San Rafael Drive intersection to provide a southbound left-turn lane, southbound through/right-tum lane, additional westbound through lane, northbound left-turn lane, and northbound through/right-turn lane. 61, A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility.Minimum clearance on public sidewalks 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 San Rafael Drive,Avenida Caballeros, and Francis Drive frontages of the subject property. 62. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 63. Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend at the northeast comer of Avenida Caballeros with Azure Court, EnamorCourt,Lucent Court,and Solace Court, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 64. Construction signing, lighting and barricading shall be provided for on all projects as I required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones"dated 1996, orsubsequent additions in force at the time of construction. 66, This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8,04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 2. Prior to any construction on-site, all appropriate permits must be secured. FIRE 3. Fire Flow: Fire flow will be estimated once the square footage and type of construction is known. I I 13 I I II�III l�l�lll IIII IIII IIII 11111111111IIII1I ICIIIII 1e1/2H eof'F 366R Bond No.431033 CITY OF PALM SPRINGS Premium:8900 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 P.S. AVE=NIDA CABALLERWSAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal') have entered into an agreement whereby PnnC(pal agtees to set certain survey monuments, which said agreement, dated 1QU 2006, and identified as Tract than No 3393S, 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-falth'ful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal,and International Fidelitv Insurance Company as Surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, matenalmenr and other persons employed in the, performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Forty Five Thousand and 0011DO dollars ($48,000.00), IaW'ful money of the United States, for materials furnished or labor thereon of any kind, or'for amounts due under the Unemployment Insurance Act with respectto 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.J,Ointly and severally,firmly by these preseints. It is hereby expressly stipulated and agreed that this bphd shall inure to the benefl of arty and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Fart 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 obligabomis 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 theirt'rue ihterit 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, materiatmen, 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. Monumentatlo'n Bond page 2 As a park 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 anyjudg'ment 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 ibe performed thereunder or the specifications accompanying the same shall in any way 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) Monumeptation Bond Page'3 IN WItNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, an July 27 2ta06. SUBDIVIDER: P.S, /,VENIDA .CABALLEROS%SAN RAFAEL, LLC, a °Ciefavare Limited' Liability Company &.y: California Development Enterprises, ]no a California Corpotatipn, its Manager Gheckor�a,,_Individual_Partnership J_. Corporation'" _company *Mole, for Corporations, tw to officers must sign this document, as indicated. t�eldw;'for ers x is must si fhis AAgreement. By— By: Si. - ure ri Signature(notarized), N n Shi ka Ji. Mamie: John ShOka President and Treasurer Title:Vice President and Secretary (For Corporations', 'this document must For Corporations;,jhis docutriertt must he be digned in the above"space by one of signed in the above,,space by one of the the;fbilowin9 Chairman of th'e Board, following: Seebretary„ Chief Financial President oranyVice President) Officer orany,A;s5istantTreasurer) StJRrTY By; International Fidelity insurance Company By: -�Ze '(Surety Name) Richard Adair Attomey-In-Fact (All Signatures Shalf Be Notwized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal.isorn:ia County of Los Angeles On Tuly 27, 2006 before me, P. Eauer, Notary Public oat, Nara and nne or ofimor(o.g..-Jano Doe,Notary Pu0is7 personally appeared Ri.claard Adair _ N,me(s)at slanoq:) apersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(%) whose name(N1 is/are subscribed to the within instrument and acknowledged to me that he/s#edf{4ey executed the same in his/ller/ttreir authorized capacity(is:), and that by hi8/19eA,teir signature(s) on the instrument the personO, or the entity upon behalf of which the person( acted, 4 —� �n enura executed the instrument, 1 .^"°'��'�`:_ Commission it 1300530 z : �2 Nolory Puboc - caoror WITNES my hand and official seal. F, Los Angelcs County re �I °i- mycomm Lxpiru,Oci 19,20Jol� �•:••E,r���. Signature o erary Pa�ik OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): iitIe(s): ❑ Partner—❑ Limited 11 General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator "= ❑ Guardian or Conservator ❑ Other: Ton or thumb here ❑ Other: Top or thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Asax1e9en•K38 ROTrr191 AW..PC Box 7114-Canoga Pam CA 91309•71B,, prod,No.507 Rcordnr,Call Toll•Froe 1-800-878-ri827 Tel(9,Z)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY - HOME OFFICE! ONE NEWARK CENTER,20TI-I FLOOR NEWARK,NEW JERSEY 07102-5207 ]KNOW ALL MEN BY TIfESE PRESENTS: Thar INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,duos hereby constimle and appoint . ........... ...... .. . . ............................ ................... ........ ..... .. . .. . . . ............. ...... ... .. . . ........... ............ P. 13AUER, RICHARD ADAIR Glendale, CA. ............ ............................................... ..................................... . . . .......... .. . . .. .. ........................... . . .. ....................... ............ its me and lawful atiorney(s)-in,fact to excoutc,seal and deliver for and on its behalf as surety,an and all bonds and undertakings,contracts of indemnity and other Wntings obligatory m the nature thereof,which are or may he allowed,required ortPormin li�law,statute,ruleWmation,compact or otherwise,and il P the exectition of such insimmenu(s) in pursuance of these presents, shall be as binding upon e said INTERNATIONAL FIDELITY INSURANCE COMPANY, 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 its principal office. This Power of Anome Ic Section o the B Laws ado, q is exenuand,and maj��e revoked,pursuant and by authority of Artie 3- 3, f adopted by the Board of Directors of DrIERNA IONAL FIDELITY SURANCE COMPANY at a patching called and held an the 7rh dayof�',cbruaiy, 1974. The President or any Vice President,Executive Vice President.Seencrary or Assistant Secretary,shall have power and authority (1)To appoint Aumnitys-in-fact,and in authorize them to execute on behalf of the Company,and attach the Seal of the Company theroto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and. (2)To remove,at any time,any such attorricy-m-fact and revoke the authority given. Further,this Power of Antim led and sealed by pursuant to resolution of the Board of Directors of said Company adopted at a mccthig duly called and hold on the 29th%i,y,sPA' ril, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of Elie Company may be affixed to any such power of attorney or my ceptificau:relating thereto by facsirine,and any such power of anorney or certificate bearing such facsimile signatures or facsimile seal be valid and bindin&upon the Company and my such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in c future with respect to any bond or undertaking to which it is airaahnd. ITY IN TESTIMONY WHEREOF,INIERNATIONAL 17]DFLITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer.this 29th day of August.A.D.2001 INTERNATIONAL FO)ELITY INSURANCE CO�M� SEAL t� 11 rn STATE OF NEW JERSEY County of Essex Secre On this 29di day of August 2003,before me came the individual who executed the Dedin E, to me persun%known and being me duly swum,said the he is the thorefil described and authorized officer of the INTERNATIONAL L iJTETW I NS URAN IVITANk;rEE the seal i1fixcd to said m5trumena:is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. tAAR IN TESTIMONY WHEIMOF.I have hereunto set my hand affixed my Official Seal, it Elie City of Newark,New Jersey the day and yeti ftrsi:above wrincu. 4u CI NOTARY PUBLIC Do k it A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov-21,2010 f,the undersigned officer of INTERNATIONAL FIDELITY)NSOKkNCE COMPANY do hereby ccrdly that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the saptio am correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand Ibis 27th day of July, 2006 Assistant Secretiry 1 -�I if Rolls O,AUFMNt&ALL-PURPOSE ACKNOWLEDGMENT State of-ca T'll �va 5S. County of ��c� yy�� On J-CL C ] aOQL before me, l' L'a f-A -,) �`of f A) Dax �� �upmB)Pnp n�la of OM'9 (o.p.,'Jona oee,ua P4Yc� personally appearad `i�- �� / �-- D�'�l' �l-/r Nam person all 1 i t � J9parsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the porsonLs) whose nameV Ware subscribed to the within instrument and acknowledged to me that""she/they executed "OFFICIAL SEAL19 the same in Siff M fthelr authorized lon Feo M,Minim J. capacity ies), and that by err/their Notuy Public, Fentift of Illinois signature on the instrument the person(g or the onilty upon behalf of which the persor1w My Commission Expires Fc6.6.2010 acted, executed the instrument. WITNESS my hand and official seal. B'97l5rw Nawry Pvbliv OPTIONAL. tnoopn mo otarmauon below rs na[roquired by leW,!r myy pmvn valuable ro persons relying on the documenr and could prevent /raudulant mtnoval and roatMehmeni of thin in"in anomoe decumunt Description of Attached Document Title or Type of Document: Document Date: Number of Pages:_, Slgner(s)Other Than Named Above: Capacity(fes) Clalmed by Signer Signer's Name: Individual Top of thumb here ❑ Corporate Officer—Titlo(s); CI Partner—CLimited 0General 11 Attornepin•Fact ❑ Trustee I 0 Guardian or Conservator ❑ Other; Signer Is Representing- G19r9Nvrmul NOlvryAew RIW-93M Or Sop Aw,P.O.Bou2402•Cwv McASilfy "'wvu N9ypnyNWerypp Pm W.W7 peeroLq Gil Tell•F-ql-pp37&661T r CITY OF PALM SPRINGS Bond No.431032 FAITHFUL PERFORMANCE BOND Premium: $47,690 WHEREF�;y,the City Council of the City of Palm Sprngs, State of Galifomia, and P.S. AVENIDA CABALLEROSISAN RAFAEL, LLC, a Delaware 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 AuGllra� _, 2006, and'identified as Tract Map No.. 339331 is hereby ref rred to and made a part hereof;and WHFREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW THEREFORE, we, the Principal and . International Fidelity Insurance Company as Surety, are hold firmly hound unto the City of Palm Springs, (herefmfter called"City"), in the penal sum,of Two Million Three Hundred Eighty Four Thousand Five Hundred and 007100 doilars ($2.384.500.00) lawful money of the United States; for the payment of Which sum Well and truly to be made, we bind ourselves, our hefts, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, hls or its hefts, ekewtors, 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 anld save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; othenxise it-shal'i 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, indluding reasonable attomey"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 obligation's om thls 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 rXVITNE'SS:WHEREOF, this instrument has been duly executed bytlte Principal and Surety above varied, on JuIV 27 20M SUBDIVIDER; P.S, A'VENIbA CABALLEROS/SAKI RAPAEL, LLC, a DelaW&e .Limited, Liability, Company Ply: Califpmia C7evelopment Enterprise's,,Inc., a California i Corporation, Its Manager Cluck,ow—individual_Partnership L Corporation"'_ C.ornpany' "Note„ for Cbrporations, two corporate officers must sign.this document, as indicated below;fof all others,authori- must sign this Agreelnenk By: By; Si a 2 o- r Signatum(notarized) e: an 'i' ka Jr, Name: John Shiuka Title: President and Treasurer Title: Vice President and Secretary (For' .Corporations, this 'document .must For Corporations, this document must be be sigh'ed in lhei above space lay one of signed in the above space by one of.the, Me following, Ghairma'n of the Board, 'Following: Secretary, Chief Financial Presideotorany'Vics'President) Officer or any.Assistant Treasurer) SURETY By: International Fidelity Insurance Company By: (Surety-Name) rd Richa Adair A{tarmey-in-rapt _ (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca,] isbrnia County of Lon Augeles On July 27, 2006 before me, P. Sauer, Notary Public Pala Name and 7tle or 016cor(e.9. 'Jene ba_ Notary Poblle�) personally appeared Richard Adair . Namo(s)of Slgnar(s) [T�personally known to me—OR-0 proved to me on the basis of satisfactory evidence to be the person(%) whose name(l*is/ars subscribed to the within instrument and acknowledged to me that he/g4efN4ey executed the same in his/her/threw authorized Capacity(+*, and that by hish-rwAheir si nature on the instrument the 9 p rson(s), i3AS �oyk� MyComm p for) L? or the entity upon behalf of which the erson commission rt Iseoe3o Y p p (� acted, Notary Pu4lle - CaI Vrlo s executed the instrument. Y ar Los Angeles CouniyI, WITNESS hand and official seal. Expires Or:f 19,.00c.1 r t d Ignalurp of wry Public OPTIONAL Though the information below is not required by law, it may provo valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to anoMeir documont. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner--❑ Limited ❑ General • Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee El Guardian or Conservator ❑ Guardian or Conservator , ❑ Other' Top of thumb here ❑ Other: Tap of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Aaamiatlon•922n Remmci Ave.,P.P Box 71&1•Canopa Paih.CA 91309•710 Prod,Ne.S207 Re radar Call 7e11-Ree 1-9W-87G68'.� Bond No. 431032 CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. AVENIDA CABALLEROS/SAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and com fete certain designated public improvements, which said agreement, dated _, 2006, and identified as Tract Map No. 33933, is hereby referred to a d 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 One Million One Hundred Ninety Two Thousand Two Hundred Fifty and 001100 dollars ($1,192.250.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Labor&'Materials.9ond Page 2 IN WITNESS WHEFZEOF,this instrumeni has been dilly executed by the Principal and Sureiyabove namei ,-an JuIV 27 „ 2006, SUBDIVIDER: RS: AVENIDA CABALLEROSISAN RAFAEL, LLC, a DelaYrare Urnited Liability Company By: California Development Enterprises, Ine., a California Corporation, Its Manager Check one: Individual-Partnership 1, Corporation'—Coompany ,Note, for Cgrporation5, two corporate officers must-sigh this document, as indicated below', for all others,.authonzed agents must sign this Agreement. �y: By:� n r ,notarized) Signature(notarized) e: Ron'Shinka,Jr. (blame_ JohriS�rttpka Title: Presidentand Treasurer Title;Mice Pres'ident:and 5 cretar��_ (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 filowing: Chairman of the Board, following: Secretary, •Chief Financial President or any Mce President) Officer or any Assistant Treasurer) SURETY By: International Fidelity Insurance Company By: .(Surety Name) Richard Adair Attorney-in,-Fact (All Signatures Shall Be Notarized) CALIFORNIA ALL,PURPOSE ACKNOWLEDGMENT State of California County of _Los Angeles On — _ J117.v 27, 2006 before me, P.. Sauer, Notary Public Dale Name end TRIP or Cnr[nr(e.g. 'Jano boa,Noury Pyhrj-T ' personally appeared Richard Adair - j Names)a!elgnor(a) ' Elpersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(%) whose name(sa is/afie subscribed to the within instrument and acknowledged to me that he/�& aa`tkey executed the same in hisA�ter/their authorized ca aci �� P tY('�, and that by P BAUER y his/freOtfreir signature( on the instrument the personN), Commission 4 1360030 or the entity upon behalf of which the person(q) acted, ;= Notory Public - California 5 executed the instrument. Las Angeles County r� Comm Exglres0ct19.X06i� WITNESS my hand and official seal. Sjgry lure or Nelary Pupjk OPTIONAL Though the information below rs not required by law, it may prove Valuable to persons relying en the document and couid prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(* Ttie(s): ❑ Partner—Il Limited ❑ General 0 Partner--❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact 0 Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top Of thumb Here ❑ Other: Top or thumb hers Signer Is Representing• Signer Is Representing: o 1921 Nmjonal Notary As Silen-P"s Remmel Av,_P.C.mx 91U-Canopa Pnh,CA 91305a164 Prod.No SBm RwMer Cap Toll-Free 1-600.137&m 7 Band No.431032 CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Cpuneii of the City of Palm Springs, State of California,and P.S. AVENIDA CA13ALLFROS/SAN RAFAEL, LL.C, a Delaware Limited Liability Company (hersinafler designated as "Principal") have entered into an agreement whereby Principal agrees to install and cokiplete certain designated public improvements, which said agreement,,dated_ KUW 2006; and identified a's Tract Map No. 33g33 is hereb referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guaratate'e trio costs or repair andlor replacement of defective materials or defective workmanship in such improvements, Which guarantee shall remain In offer-0or 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 cohcurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and International Fidelity Insurance Company as Surety; are held and firmly babnd unto the City, and all contractors, subcontractors, laborers, material'men; and other persons,employed imthe performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of Three Hundred Fifty Seven Thousand Six Hundred. 'Seventy'Five and-60/100 dollars ($367.875.00), lawful money of the United States, for ,replacement and repair of any and All defeprlve mmateHats or defective workmanship Within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with,any such maintenance or warranty, that-said surety will pay the'same in an amount not exceeding the amount hereinabove set forth,for the payment of which sum well and truly to be made, we bind ourselves, eur 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 1.3 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a light of action to them or their assigns in any suit brought upon this band. 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, canditions and provisions in the said Agreement respecting the repair'and replacement of defective workmanship Maintenance&WatrantyBond Page 3 IN WHINESS WHERE cbF, this instrument has been duly executed bythe.Pdncipal and Surety.ebove named,on:_ July 27, 2006. SUBDIVIDER Ps, AVENIDA CAI3ALLEROSISAN RAFAEL, ,LLC, a Delaware Limited Liability Company By. 'California t?evelgp n2Cli Enterprises„ Inc, d.Califom'ia'Corpprataon, Its Manager Check orie: Individual Partnership.f.. Corporation" _ Company *Note, for Corporations, two corporate, officers must sign this document, as indicated below,for all others, authorized agents must,sign this Agreement. eShi sy- Signature'(hdt2rizecl), Name: John 6hioka Title-, President and7reasurer. Title:Vim President and•Secretft (,For Corporations{ this document must For Corporations, this.=document must ;be be signed in',6e, above space by one of signed in the above, space by rrne pf the the following: Chairman of.the Board, following- Secretary, Chief Financial President,or any Vice President) Officer or any AssistantTreasurer) S'UIRETY 14 Sy; International Fidelity Insurance Company gy_ (Surety Namef Richard Adair F A"ttomey-in-Fact (Alt Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of caliTq_rnia County of Los Angeles On Tilly 27, 2006 before me, P. Bauer, Notary Public Date Namo and Vie at Ofllcar(e g.,'Jana ox.Notary Puel.') personally appeared Richard Adair _ Name(5)of Signer(a) EXpersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(k whose name(s) is/at'e subscribed to the within instrument and acknowledged to me that he/stie;t�tey executed the same in his/ /tip authorized capacity(?ec), and that by hisA9cr/tf,teir signature( on the instrument the person(', or the entity upon behalf of which the person(!,) acted, AUER P. B executed the instrument. Commission n 1380630 � a W Notary ptlbh fim c - carnlo ? WITNES my hand and official seal. �� f`ff� Los Ancgele;County G l My Comm Expires Oct 20061 S,9naWra Newry Pu61k OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this;form to another document. .Description of Attached Document Title or Type of Document: Document Date: Number of Pages- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited p General ❑ Attorney-in-Face ❑ Attorney-in-Fact ❑ Trustee O Trustee a Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Tap of thumb here ❑ Other: Tap of thumb hem Signer Is Representing: Signer Is Representing: C 159a National Notary AMxie@,n•083a Rommet Avc-P.O.Box]19.•Cana9a Pack,CA 913o9-Y1& li No.590T Rwrtler Calt Totl-Free 1-60o-B1F59:7 Tel (973)624-7200 POWER OF ATTORNEY.T INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE; ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing . laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint ...........................................I............,................................................ ...............-.,,,,,,. ,, ............................... ........... ............................. ............................... P. BAUER, RICHARD A.DAIR f Glendale, CA. .................................... ...................... its true and lawful azmmey(s)-in-Fact To execute,seal and deliver for and on its behalf as surery,an and all bonds and undertakiugs,conuracts of indemnity and other writings obligatory m the nature thereof,which am or may be allowe required er permined byy law,stature,rule r ulation,contract or otherwise,and the execution of such instrumcat(s) in pursuance of these presents, sh�l be as binding upon the said INTERN,{'X'XONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officcts at its principal office. This Power of Attorneyy is executed and mayy b�a revoked,pursuant to and by authority of Article 3-Section 3 of the By-Laws adopted by the Hoard of Directors of INTEINAT'IONAL rIDELXTY BV5URANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President.Executive Vice Presidenr,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Auemeys-in-fact,and to authorize them to execute on behalf of the Company,and attach The Seal of the Company therem,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such anomey-in-fact and revoke the authority given. Further,this Power of Attorney is si tied and sealed by facsimile pursuant to resolution of the Board of X)irccwrs of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt, Now therefore The signatures of such officers and the seal of the Company may be affixed to any such power of anomey or any ccrtificare relating thereto by facsimile,and any such power of morney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmll��,upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the fumre wiTh respect m any band or undertaking in which it is anached. ,D�,�.�TY IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 1 p0 G signed and its corporate seal to be affixed by its authorized officer,this 29th day of August.A.D.2003. SEAL�'n�C� INTERNATIONAL FIDELITY INSURANCE CO STATE OF NEW JERSEY r6� 1 JE �p County of Essex 1W MANY y 1N•/f'4L }. secrets On this 29th day of August 2003, before me came the individual who executed the precedingg insuvmeot to me personal lyy known and, being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATY1ONAL FIDELITY INSURANCE COMPANt;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 0PAQ6 IN TESTIMONY WHEREOF,I have hereunto set my hand aMxcd my Official Seal, ��P-• �� at the City of Newark,New Jersey the day and year first above written. 0 NOTARY � PUBLIC 7k �r '✓�E�S A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,The undersigned officer of INTERNATXONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy,of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that die same are cmrcct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effccr IN TESTIMONY WHEREOF.I have hereunto set my hand this 27th day of July, 2006 Assistant Secretary . . �16f"�t.cfys GAL{FORNFA ALL,-PURPOSE ACKNOWLEDOMENT State o�Salf4eFFlitr—<-//:y�-�''�`� County of OrJtC/ �S'C�-UG�= before me, p u➢mo aed nyn of pig`(pp.•'Am DDeo/•Nnr�'�Ru01ie") personally appeared ��Qr/Yn�.n `personally known to me O proved to me on the basis of satisfactory evldcnce to be the porsonW whose nameLV 1ie/are subscribed to the within instrument and acknowledged to me that hW$40/they executed the samo In Ws,No0heir authorized capacity Les), and that by hi Jber/their signature(aon the instrument the person(s,,), or «OFFICIAL SEr AV the entity upon behalf of which the person( Iv KM J FEoloo acted, executed the instrument. Notts Ppblte,Sure pba 10 WITNESS my hand and official seal. Mr�in Farpuu Fd,i.7DtD 319�9re W Nawry Pvblio OPTIONAL Though the 1pfpnparton befow i5 not required by(aVV,it may prow vuk4fe to PC($=roly+ng on the of=menr and could prevent fmLrdulant removal and raaftaChmpn)of fhio lntm to nnQOVe document. Description of Attached Document Title or Type of Document. Document Date: Number of Pages:_ Slpner(s)Other Than Named Above: Capacity(lies) Claimed by Signer Signer's Name: ❑ Individual Tvp of thump hoe © Corporate Officer—Titlo(s)� d Partner—0Limited ❑General ❑ Attorrey-in-Fact ❑ Trustee b Guardian or Conservator ❑ Other: Signer Is Representing• ®t➢99 W49wI W13ry Aeaoclallon•B]SO D�Sob Aye. P.0.9oK 3J03-Ctuls,rwrv,ca31313.1�'✓>4•`+4Y'NA�enllWlurynq o,�Nc,SDnr Re .r..Call Toll-Frvt 1.390.,E KT