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HomeMy WebLinkAboutA5246 - P.S. VENTURE INDIAN CANYON/SAN RAFAEL LLC SUBDIVISION IMP AGR TM 33561 4°�p p`M Spy iy V N s ice p J' q OgpffO 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 staffs 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: VuN Qknlf 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, Cit 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 O5 City of Palm Springs 3 ., � Department of Public Works and Engineering or4,y,eu f 3200 E.lahquitz Canyon Way • Palm Springs,California 92262 F©?,�a\ r 1e1: (760)323-8253 Fax: (760)322-8360 Web: www.palmspringsca.gov nx June 16, 2010 --' Attention: Richard Adair International Fidelity Insurance c/o Gallagher Construction Service 1 Market Street, Spear Tower#200 -- San Francisco, CA 94105 ca Re:Tract Map 33561 (P.S. Venture Indian Canyon/San Rafael, LLC): Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement (No. A5246) between the City of Palm Springs and P.S. Venture Indian Canyon/San Rafael, LLC related to Tract Map 33561, have been partially satisfied. As a courtesy to P.S. Venture Indian Canyon/San Rafael, LLC, the MaintenanceNVarranty Security is being released in full ($445,575.00) 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 $445,575.00 being released from the Faithful Performance Security. The new MaintenanceNVarranty Security can not be released until one year after the acceptance of the work in its entirety by the City of Palm Springs. • MaintenanceNVarranty Bond; Bond No. 390258; $ 0.00 The remaining Faithful Performance Bond needed has been calculated using 2008 prices for all remaining items of work. The Labor/Materials Security can not be released until the City is 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 acceptance of the work if no Notice(s) of Completion are recorded, to verify existence of any recorded Mechanic's Liens. The Monumentation Security can not be released until the City is in receipt of a letter from A/E Sanborn stating that the monumentation work has been completed and that they have been paid for the work. The following subdivision securities required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Faithful Performance Bond; Bond No. 390258; $1,244,100.00 • Labor/Materials Bond ; Bond No. 390258; $1,485,250.00 • Monumentation Bond; Bond No. 390259; $ 4,000.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741, Sincerely Carol Templeton Engineering Associate Cc: Quetha Rodriguez of Garcia Insurance, Inc. via fax at(760)320-1115,Bruce Bushore of the Enterprise Companies via email;James Thompson,City Clerk; TM3356i file Post Office Box 2743 0 Palm Snrinvs_ California 92?6, ,-7743 F I �I? L M S A k City of Palm Springs x beparement of Public Works and Engineering 3200 E.Thhquim Canyon Way • I'alru Sprzaas,California 92262 �Pawn+z°'q C P Tel:(760)323-$253 Fu (760)52-S360 Wcb: www.ci paln-5)+'b s•[ us i \�0 n� February 23, 2009 Bruce Bushore P.S, Venture Indian Canyon/San Rafael, LLC c/o The Enterprise Companies 2121 E.Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 Re: Tract Map 33561 (P.S. Venture Indian CanyonfSan Rafael, LLC): Time Extension for Subdivision Improvement Agreement i f Mr. Bushore: i On February 18, 2009, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision improvement Agreement No. $246 for Tract Map No. 33561 (Palermo), with A.S. Venture fndian Canyon/San Rafael, LLC, T is time extension includes a requirement that the vacant portions of the site shall 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,as well as the temporary paved access to San Rafael. The new expiration date for the Tract Map No. 33561 Subdivision Improvement Agreement is April 2, 2010. If you have any questions, I can be reached at(760) 325-8253, extension 8741. G Sincerely, Carol Templeton Engineering Associate _+ �v 10 �h C¢ Brap Bvshom of The antolprise C=pmjes,_Via wna '7M33561 file C.0 CO Post Office Box 2743 • Palnx 5ptings, California 92263-2743 a �I � c City of Palm Springs Deparcnxenr of Public Works and Engineering R°0 / 3?00 E. lahqum Canyon Way • Palm Springs, California 92262 Cq4 FORN Tel. (760) 321-8253 ' Fax (760) 322-8360 • Web: www.ei.palm-springs rn.us r-a — IJ•• q � April 7, 2008 a Bruce Bushore P.S. Venture Indian Canyon/San Rafael, LLC C/o The Enterprise Companies a. rw 2121 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 Re: Tract Map 33561 (P.S. Venture Indian Canyon/San Rafael, LLC): Time Extension for Subdivision Improvement Agreement Mr. Bushore: On April 2, 2008, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision Improvement Agreement No. 5246 for Tract Map No. 33561 (Palermo), with P.S. Venture Indian Canyon/San Rafael, LLC, adding a requirement that the vacant portions of the site shall be glued 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, as well as the temporary paved access to San Rafael. The new expiration date for the Tract Map No. 33561 Subdivision Improvement Agreement is April 2, 2009- If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, &V� d2,14 Carol Templeton Engineering Associate Cc. Bruce Bushore of The Enlerpnse companies,via email;TM38551 Fife Posr Office Box 2743 1 Pali Springs, California 92263-2743 ❑dC # 2006--0475435 06/30/2006 08:OOA Fee:NC Page I of 38 RECORDING REQUESTED BY: Recorded in Official Records County of Riverside CITY OF PALM SPRINGS Larry W. Ward Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: IIIII II III II II���IIIIII IIII III'lll III IIIII I II IIII '— City of Palm Springs 1 P. O. Box 2743 Palm Springs, CA 92263 M s L PALE SIZE PA KUP ' rvaCP ; Attn: Office of the City Clerk �--' -1-7 L Flung Fee EXEMPT per Government Code 6103 19 A5 Subdivision Improvement Agreement P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC Title o, Document THIS AREA FOR RECORDERS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) II lU8ER=-CLnReen,dcARECORd REd doc SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC A DELAWARE LIMITED LIABILITY COMPANY a�2Qi 0 �006? 3eR1111111111111111111111111111111111111111111111111111111 s TABLE OF CONTENTS 1. Construction Obligations............................................................-, .....................2 11 Works of Improvement....... • ................ . .. ..............-...................... 2 12 Other Obligations Referenced in Conditions of Tentative Map Approval............. ...................................---.......... ---------- 2 1.3 Intent of Plans......--....--....................-............................................—------ 2 1.4 Survey Monuments.....................................-------------...............................2 1-5 Performance of Work..........-............................. --------............. ................ 3 1.6 Changes in the Work........ ---------—................ ...................................... 3 17 Defective Work .......................... ............................................................... 3 1,13 No Warranty by City--- .................... ............................. ....................... 3 1.9 Authority of the City Engineer..............•----—................... ....................... 3 1.10 Documents Available at the Site............................................. .................. 3 1.11 Inspection ......................... ....................... --------- ...................................... 3 1.12 Compliance with Law................... ................................................... .........4 1.13 Suspension of Work............... ................ ........... ............ .........................4 114 Final Acceptance of Works of Improvement ..............................................4 2. Time for Performance....................... ------------ .............----------..................-.......4 2.1 Commencement and Completion Dates....................................................4 2.2 Phasing Requirements.......................... ----------- ....................... ................ 5 2.3 Force Majeure............................................................................................ 5 2-4 Continuous Work...................--....................... ......................................- 5 2,5 Reversion to Acreage .......... ......... ............. ----------•.................................. 5 2.6 Time of the Essence........................................---------- ............. ............... 6 3, Labor------------—.................................................... ................................................ 6 3-1 Labor Standards ............. ------ ................. ............................ .................... 6 12 Nondiscrimination .......... ............................------ ....—......... ---------—..... .... 6 3.3 Licensed Contractors................................................................................. 6 3A Workers' Compensation----------- ............................. ................................... 6 4- Security ....................... ------ —.................................... -----------................ ....... 6 4.1 Required Security ........... ............................ ................................... 6 4.2 Form of Security Instruments............................. ............. ............... ......... 7 4-3 Subdivider's Liability ............... ............... ------ ..................---............ ---- 8 4.4 Letters of Credit---- ............. -------------- ............... ....... ......... -------- ............ 8 4.5 Release of Security Instruments.............—.................. ...................---. 9 1 2088-0475435 S E:oe,,�30/2a 0 oSf G 8 3 ,e0F1 5. Cost of Construction and Provision of Inspection Service ......... ........................................................................................... ...... 9 5.1 Subdivider Responsible for All Related Costs of Construction................................................................ ............................ 9 52 Payment to City for Cost of Related Inspection and Engineering Services...................-------............... ........................ 10 6. Acceptance of Offers of Dedication ........................................................ ...... 10 7. Warranty of Work............ . ........................... .......... ......................... . . 10 8. Default.. ........... . .. ........ .......... ...................-----------....... ......... 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 2 II�IIIIIIIIIIIIIIIIII�IIIIII Jill IIIIIIIIIIIIIII Jill Jill 0g2e02 esee 9eR SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this as— day of VrAL- , 2006, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and P.S. VENTURE INDIAN CANYON/SAN 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. 33561, 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" and "B" for street, public utility, and sewer purposes; easements for public utility purposes with right of ingress and egress for service and emergency vehicles and personnel for on-site private streets, as shown on map; easements for bikepath and pedestrian purposes, as shown on the map; abutters rights of access to Indian Canyon Drive and San Rafael Drive, excluding a 100 feet wide access point on Indian Canyon Drive and a 64.43 feet wide access point on San Rafael Drive, all as shown on the map; and City desires to accept the public dedication as shown on 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. 1 III II I I III IIII III II II II III 06 3005 04 38 00R 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 $2,970,500.00. 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 his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the .Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings_ All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The flans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey, Monuments_ Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s)- 2 I�IIII IIIIIII 11 IIIIII 111111111111311 III in I IIII 06/©� 8 of 38 y0R 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare, The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer, 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement_ Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder_ Inspection or supervision by the City shall not be considered as 3 IIIIII IIII�II II Illill illl llllll I IIIII III III ehr ee s orb 38 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 Subdividers 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 2w 005435 111111111111111111111111111119111111111111111111111# 96l39l89of 38 9s 081 99R Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (il) 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 Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both_ Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lookouts, 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 I r I 2006-0 0 78 1 0 oa III�III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIII�I esr.er9ea£ 38 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499-16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence- Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor- 3-2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security- (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter"Security Instruments"): 6 IIIIII IIIIII II IIII�I IIIIII III(IIIIII III 1111111111111 A6/ 0 2 ©of 38SH (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2,970,500.00 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 $1.485 250.00 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$4.0 00.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith- (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver 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 $445,575.00 equal to 15% of the estimated construction cast set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney.- (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858_ Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 7' I I 000E-0475435 111111111111111111111111$111111111111$11311111111 &EI30f llenF 38 EiH 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 4A. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (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 IIIIII IIIIIII II IIIIII IIIIII IIII IIIIIII III IIIII III III QG' ON 12 f 38IDR 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 II IIII I III I IIII III II I I II RR2 BA 13 475435 of08, 0R 33 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 20%-9475435 FR,J3FJ/ibpg� R gg��9 82 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs_ In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or 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 cC�©6 N47545 II II I I III IIII II III II II II asra�'15 or Sa Oa 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. Corporate Authoritv.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII is r, of 33r 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, City M r �r STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY:�fJ ( �r David Barakian,City Engineer SUBDIVIDER' P.S. VENTURE INDIAN CANYONISAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc.,a California Corporation, Its Manager Check one: Individual_Partnership d Corporation*_Company `Note, for Corporations, two corporate officers must sign this Agreement, as indicated below;for all others thofized agents must sign this Agreement. Sin re(n nzed) Signature(notarized) Non Sh/ i ka Name: John Shi ka Title: President and Treasurer Title:Vice President and Secrets of (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 [;'0FFQW'kSEAL13 Ir�linr' r�, IIIIII II I IIII IIII I IIII III III III IIIIII III IIII 06 3�0/17 o3'OS 38 0R ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of SIGNER On 1--'1-7--(o before me, DY r ra f e-&kr i /l) Date Name Title of Officer ❑ INDIVIDUAL(S) i personally appeared Pono-ir--i Jn AA �h.i p Ike ❑CORPORATE r_ id-" NAME(S) OF SIGNER(S) OFFICER(S) t( personally known to me - OR— TITLE(S) ❑ proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) personse whose names -iWare subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that 4eAghe/they executed oTRUSTEE(S) the same ink/their authorized capacity ies , and that by oSUBSCRIBING WITNESS tiger/their signaturq s on the instrument the persoroor the oGUARDIAN/CONSERVATOR j entity upon behalf of which the persons&acted, executed the ❑OTHER I instrument. I Witness my hand and official seal. "OFFICIAL SEAL" SIGNER 1$ REPRESENTING: �t�LC Mam J.Fenton Signature 6f Notary NotarY Public,Slate oflllinois I MY CoM iUkO pXPipftFA A. Ift I i i ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document_ hL a: MUST BE ATTACHED f —� 0 1 TO THE DOCUMENT Number of Pages / DATE OF DOCUMENT DESCRIBED AT RIGHT: Si ner s Other Than Named Above i ( 75 {1 11 1111 `1 IIII I1 I1III1I111 I0.IIIII1III I II III 2k]�JE ta47535 1 IIIIIII»IIIII II�IIIIIIIIIII I�I��III�III III IIIIII I111fIV 9s�3ar2aRee GOP I or m LARDY W. WARD Recorder F.O.Box 751 COUNTY OF RIVERSIDE Riverside,CA 92502-0751 m� ASSESSOR—COUNTY CLERK—RECORDER (951)486.7000 hap coal NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 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: � � R • Commission #: Place of Execution %V,C?d Date Commission Expires: Date: 2�- _ 1 Signature: L Print Name: •R li,Vl (A ACR 186F-AS4RE0(Rev 01/2005) II III I III I IIII III 111111111 IN 06 30 29 0i, 3800R Mailing Address: P.S. Venture Indian Canyon/San Rafael, LLC 2121 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 (760) 325-7920 (760) 406-5872 (fax) 14 IIIII I�IIIII II�IIIII IIIIII IIII IIIIIII III IIIIIII II II I 06 dN �of 38 0R 2 EXHIBIT "A" 'o,: TRACT MAP 33561 LEGAL DESCRIPTION Tract Map No, 33561, as recorded in Map Book 'YCJw ,, Pages through 12, inclusive, records of Riverside County, California. 16 I IIIIII II III II IIIIII IIIIII IIII IIIIII II IIII IIII Fl6l A�E 0 Ofe 38009 EXHIBIT "B" TENTATIVE TRACT MAP 33561 CONDITIONS OF APPROVAL 17 296h @475435 I IIIIII IIqII 11 IIIIII IIIIII IIII IIIIIII 111 IRE 66129/2006 of08 38 0R Resolution No. 21420 .v Page 7 ExlIII3lr A CONDITIONS OF APPROVAL 'CASE 5.1065, 5.1029 PD 315, TTM33561 GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT DISTRICT, TENTATNE TRACT MAP PS VENTURE iNDIAN CANYON SAN RAFAEL, LLC NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL AUGUST 24, 2005 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. My-agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the 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 clairn, acton, or proceeding against the 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 Case 5.11065, 5.1029, and TTM33561. The Oily of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the CiVs associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. if the City of Palm Springs faits to promptly notify the applicant of any such claim, action or Proceeding or fails to cooperate fully in the defense, the applicant shall nob, thereafter, be responsible to defend, indemnify, of hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains.the right to settle or abandon the matter without the applicant's consent but-should it do so, the City shall waive the indemnification herein, except, the Citys 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 i llalll lllilll ll iiilil llliii llll 0eea1111111111111111111 IN 06 3©e £ 33eaA Resolution No. 21420 Page 8 } i agencies having jurisdiction at the property owner's-sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2,24 and 3.37 of the Municipal Cade 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 112% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art worts and protect the public rights of access and viewing. a. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code 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, at[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 fee shall be collected by the Planning Services Department. S. The Project will bring additional residents to the community. The CiVa existing public safety and recreation sefvioes, 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 farm a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal •authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually 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 tfie parcel in the district. CC&R's 7. The applicant prior to issuance of building permits shall submit,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 approval of a final map. The CC&fTs 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, 6. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$10,000, for the review of the CCWs by the City Attorney. A $2,000 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources 1 IIIIII II IIII II IIIIII II III III Illlfll 111 l�III�I II IIII esi Be 24 of 38eea Resolution No, 21420 Rage 9 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interiors Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuiffa Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the"Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shah prepare a treatment plan for submission to.the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval_ b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records(updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to finhl inspection. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facMities districts must be approved by the Public Works Director and the Director of Parks and Recreation, 13. An exterior fighting plan in accordance with Zoning Ordinance Section 98.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the director of Planning &Zoning prior to the issuance of building permits. Manufacturer's out sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on building's, down-fights shall be utilized_ No lighting of the hillside is permitted- 14. All design criteria in the Section 14 Specific Plan shall be complied with prior to Issuance of Certificate of Occupancy. 15. Directional arrows within the decorative pavement shall be' incorporated to identify one- way traffic and shall be included in the CC,%R language, subject to the approval of the Director of Planning Services. i II M06 0475435 II�III�'lllll��III���iiIIIi II I iIII��I Ili�illlil II IN 6h A/259Of 8 B 0R Resolution No. 21420 Page 10 16. There shall be no guest parking in driveways of less than 20 feet in length- This language shall be included in the CC&R's. 17. The design and function of the access gates shall assist in enforcing the one-way direction for traffic. The access gates shall be designed so that there is an enter only and a exit only function. The design and function is subject to the approval of the Director of Planning Services. GENERAL CONDITIONS/CODE REQUIREMENTS 18. The Architectural Approval shall be valid for a period of two (2) years. Extensions of lime may be granted by the ilanning Commission upon demonstration of good cause. 19. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Architectural Approval application. 20. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 21. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.60 of the Municipal Code for speck requirements. 22. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or-landscaped. 23, Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 24. All materials on the flat portions of the roof shall be earth tone in color. 25. All awnings shall be maintained and periodically cleaned. 26. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening, Parapets shall-be at least 6" above the equipment for the purpose of screening, 27. NU exterior downspouts shall be permitted on any facade on the proposed build_ ing(s) , which are visible from adjacent streets or residential and commercial areas. 28. Perimeter walls shall be designed, installed and maintained in compliance with the comer cutback requirements as required in Section 9302.00.D. 1111111111111111111111111111111111111111111111111111111111 ��36a260oi0386A 26 6 36 Resolution No. 21420 Page 11 29. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 30, The street address humberin9Aettedng shall not exceed eight inches in height. 31. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and safety_ 32. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 33. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 34. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 35. No outside storage of any kind shall be permitted except as approved as a part of the ' proposed plan. 96. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 37. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of The pMect maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s)must be adequately and decoratively screened. 38.- The applicant shall provide all tenants with Conditions of Approval of this project. 39. _Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking Space and shall be designated as"van accessible". 40. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to tho proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 41. Curbs shall bo installed al a minimum of five (b) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the from, area shall have curbs placed at a minimum or two (2) feet from the face of walls, fences or buildings adjoining driveways. 1 �1111111EU11111111111111111111111111111{IIIl111IN Q8,Q 27 f 38oeA Resolution No. 21420 Page 12 42. Parking lot light fixtures shall align with stall striping and steal( be located two to three feet from curb face. 43, Islands of not less than 9 feet In width with a minimum of t3 feet of planier'shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 44. Shading requiremenfs for parking lot areas as set forth in Section 9306.00 of the zoning Ordinance shall be met. Details to be provided with final landscape plan. 45. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U"design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb.shall provide wheel stops. .46. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 47. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameteriwidth. POLICE DEPARTMENT 48. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal ' Code. BUILDING DEPARTMENT 49. Prior to any construction on-site,all appropriate permits must be secured. FIRE DEPARTMENT 50. Shall comply with all Fire Department codes and regulations ENGINEERING DEPARTMENT 51. See Exhibit B 1111111 II IN 3a0 2 0e£s$ Resolution No. 21420 Page 13 ` Exhibit B APPLICATiON FOR APPROVAL OF A, TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT TO CONSTRUCT A MIXED USE PROJECT CONSISTING OF 211 CONDOMINIUM -UNITS WITH PARKING LOT, RECREATION CENTER, AND TENNIS COURT, AND A RETAIL BUILDING LOCATED AT 3300 AND 3500 NORTH INDIAN CANYON DRIVE (APN 669.330-038), SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B-M., CASE NO. 5-1029, PD 315 , ENG. FILE NO. TTM33561, 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 rightof--way require a City of Palm Springs Encroachment Permit. 2. Coordinate with Suriline Transit Agency regarding required public transit facilities on or adjacent to the development. Any required public transit facilities, including bus stops, tum-outs, bus shelters and furniture, or other miscellaneous public transit improvements shall be furnished, constructed and installed in conjunction with construction of the associated street improvements. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of building permits. INDIAN CANYON DRIVE 4. Dedicate an additional 20 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage(where required). S. Dedicate an easement for bkepath and pedestrian purposes for those portions of the meandering 12 feet wide combination sidewalk and bicycle path that leave the public right-of-way. 6, • Construct an 8 inch curb and gutter, 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 7. - Construct a minimum 24 feet wide driveway approach with a centerline located approximately 260 feet north of the centerline of San Rafael Drive. in accordance with . City of Palm•Springs Standard Drawing No. 201. Access shall be limited to right4um ingress and egress only. S. Construct a 50 feet vide new street intersection for the Main Entry with a centerline of llthe (Main Entry located aplproAmately 660 feet north of the centerline of San Rafael Drive Il�llllIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII onipa69e fe.' Resolution No. 21420 Page 14 i f aligned with the centerline of Oasis Road. The Main Entry shall be constructed with 25 feet radius curb retums and spandrels, and an 8 feet wide cross utter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 9. Left turn egress from the Main Entry shall be prohibited from the Main Entry. 10. The Main Entry gated entry design, including widths of ingress and egress lanes, shall be subject to the review and approval by the City Engineer and Fire Marshall. Minimum lane widths shall be 20 feet, and a minimum of 50 feet queuing space shall be provided for vehicles entering the development A turn-around shall be provided for vehicles unable to enter the development. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 11, Construct Type A curb ramps meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 12 Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or meandering, as approved by the Director-of Planning Services, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 13. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a 100 feet long northbound left turn pocket at Las Vegas Road with a 90 feet long bay taper, a 50 feet long northbound left turn pocket at Radio Road with a 90 feet long bay taper, a 25 feet long northbound left turn pocket at Oasis Road/Main Entry with a 90 feet long bay taper,a 25 feet long southbound left turn pocket at Oasis Road/Main Entry with a 120 feet long bay taper; and a 100 feet long southbound left turn pocket at San Rafael Drive with a 120 feet long bay .taper. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. The median shall be constructed with a bi- directional median opening at Oasis Road/Main Entry that prohibits eastbound and westbound left turn and through movements. 14. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning Services. The irrigation system shall be separately metered from the parkway landscaping irrigation, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans.for the median and prior to issuance of a building permit. 15. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 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 Montage in accordance with City of Palm , Springs Standard Drawing No. 110 and 340. If an alternative pavement section is Proposed. the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. I I I l ll�lll i�lllll iI�lll�l llllll����Illllll Ill IiI�IIIII IIII 06I30�339 P 0£0 300R Resolution No. 21420 Page 15 SAN RAFAEL DRIVE W Construct an 8 inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 17. Construct a 40 feet wide new street intersection for the secondary Main Entry with a centerline of the secondary Main Entry located approximately 330 feet east of the centerline of Indian Canyon Drive, The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and an 8,feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 2W. 18. The secondary gated entry design (located off of the shared entrance with the commercial parcel), shall be subject to the review and approval by the City Engineer and Fire Marshall, The secondary gated entry shall have a minimum width of 24 feet, and the gated entry shall be located no further than 20 feet from the shared entrance with the commercial parcel. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall, 19. • Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the secondary Main Entry in accordance with City of Palm Springs ' Standard Drawing No. 212_ 20. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage, The sidewalk and bicycle path shall be located adjacent to the curb and/or meandering, as approved by the Director of Planning Services, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 21. Construct pavement with a minimum pavement section 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 dean sawcut edge of pavement-along the entire 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 California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 22. Remove the existing westbound left-turn pocket at Indian Canyon Drive and install a continuous two-way left-turn lane between Indian Canyon Drive and the Main Entry, with an appropriate transition to centerline east of the Main Entry. The westbound right-turn lane shall be protected or replaced in conjunction with the required traffic striping. ON-SITE 23. The area adjacent to condominium units 21,30. 42-52, 93-99, and 101-108 shall be revised to provide 20 feet wide one-way travel ways for aooess to adjacent condominium units. The 20 feet wide travel way(for fire access)may make use of the adjacent wedge curb and sidewalk. Restrictions on installation of above ground utilities, mail boxes, or I{ I other permanent structures shall be made, to ensure and maintain the 20 feet wide fire I�llll��IIII��I IIIII�IIIIII IIII IIIIIII III IIII IIIiI IIII 06l aP 5 ante�e@0Fl Resolution No. 21420 Page 16 access lane. Parking spaces shall be realigned as parallel spaces, with a short, decorative raised barrier defining the dividing line between the two adjacent row of parking spaces. The revised site plan shall be subject to the review and approval by the City Engineer and Fire Marshall, 24, The fire access lane between the recreation building and condominium unit 52 shall be a minimum of 20 feet wide, and shall be relocated and/or realigned as necessary to comply with the revised site plan. The fire-access lane shall be constructed of a suitable surface (turf block or other approved material) acceptable to the Fire Marshall, and shall be appropriately signed and marked identifying it as restricted access for emergency Purposes only. 25. The proposed parking space between condominium units 30 and 31 shall be reserved as a maneuvering space for the benefit of condominium units 31 and 32. to allow vehicles leaving the garages of condominium units 31 and 32 to maneuver and exit the development. The space shall be shortened, widened and/or relocated as necessary to provide appropriate maneuvering area, to the satisfaction of the City Engineer. 28. The access to condominium units 92-93 and 108-109 shall be revised to eliminate conflicting traffic movements and improve access to each unit, to the satisfactiori•of the city Engineer. - 27. Access to carports and driveways to garages shall be oriented as close to perpendicular to the adjacent on-site street as possible, as required by the City Engineer. 28. - The driveway to condominium units 65-66 (adjacent to the Indian Canyon Drive Main Entry) shall be realigned to provide a more perpendicular alignment to the adjacent street. 29, The access to the carports to condominium units 27-28 shall be revised to increase the .offset distance to the intersecting on-site streets, or the alignment of the intersecting on- site streets shall be revised to provide better access to the carports. 30. The access connection between the residential and commercial development between condominium unit 1 and the retail building shall be a mininium 20 feet wide emergency access lane, The access shall be gated and restricted for emergency access purposes only. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 31. All two-way on-site streets shall be a minimum of 24 feel wide (as measured from curb face or edge of travel way). 32.- All on-site streets shall be constructed with concrete wedge or roll curbs, or standard curb and gutter, and cross-gutters as necessary to accept and convey on-site stormwater runoff to the on-site storm drain system, in accordance with applicable City Standards. 33. All on-site streets shall be constructed with a minimum pavement section of 2'f2 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 IIIIIIIIIIIIIII1111111111111111111111 IIIII IIII III oG8 3f/38 o£038Son Resolution No. 21420 Page 17 F section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 34, Pgrking shall be restricted along both sides of the 24 feet wide on-site streets, as necessary to maintain a 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 Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking festrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's)required for the development. SANITARY SEWER -W All sanitary facilities shall be connected to the public sewer system. New laterals $half -not be connected at manholes. 36. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this development. 37. An on-site private sewer system shall be constructed to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards, including construction of 8•inch V.C.P. sewer main and standard sewer manholes. A profile view of the on-ite private sewer mains is not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Connection of the Owsite private sewer system to the public sewer main shall be made as a standard lateral connection Into the existing public sewer mains located in Indian Canyon Drive and/or San Rafael Drive in accordance with City of Palm Springs Standard Drawing No. 405. Plains for sewers other than the private on-site sewer mains, Le, building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. GRADING 38_ Submit a-Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit 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 shall be required to utilize one or more `Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The IIIIII IIIIIII II IIII�I IIIIII 11111111111111111111111111 06���33 of 28 a R6§olution No. 21420 Page 16 applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certiricate(s) of Completion from AQMD for staff that have-completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752. or at etorrealba@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. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report 39. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 40. 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 for the proposed development A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 41. In accordance with City of Palm Springs Municipal Code, Section 8.50.026 (c), the developer 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. 42. A sods 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. 43. 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 "Nofrfication 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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone: 760-776- 8208).- DRAINAGE 44. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Report for TTM33561, prepared by MSA Consulting, Inc., revised July 8, 2005 (or as may be amended). Final retention IIIIII IIIIIII II IIIII�IIII IIII IIIII�I III III I IIII IIII esr ed 2 e01' $ 'Resolution No. 21420 Page 19 • basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on-site storm drainage improvements shall be finalized in the Hydrology Report- 45. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. Other methods of intercepting nuisance water may be allowed, as approved by the City Engineer. 45. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 47. The applicant shall construct on-site private storm drain improvements, including but not limited to catch basins, storm drain lines, and underground retention structures, for drainage of the development, as described in a final Hydrology Report for Tentative Tract Map 33561, as approved by the City Engineer. 48. AIi on-site storm drain systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site storm drain system acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's)required for this development. 49. 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. GENERAL 50. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backtilled 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, pavoment of off-site streets as required by and at the diacretion of the City Engineer, including additional pavement repairs to paver net repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Resort Water Agency, Southern California Edison, Southern Carrfornia 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 51. All proposed utility lines shall be installed underground. 52. All existing utilities shall be shown an the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. IIIIII(IIIIII II III��I IIIIII III IIIIII ICI II��I IIII IIII us 20e zees 5 ss aA Resolution No. 21420 Page 20 53. 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. 54. 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 returned to the Engineering Division prior to 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. 55. in accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing overhead electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, adjacent to, and/or transecting the property, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities within the Southern California Edison easement located parallel to and 250 feet from the westerly property line, and the existing overhead utilities adjacent to San Rafael Drive along the southerly property line shall be installed underground. A detailed plan approved by the owners)of the affected ' : utilities depicting all above ground facilities in the area of the project to be urxlergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. Utility undergrounding shall be completed prior to issuance of a certificate of occupancy. 56. Nothing shall be constructed or planted in the comer 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. 57'. 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 58. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the Traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 59. Relocation or abandonment of record easements across the property shall be performed In conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison ,recorded as Instrument No. 160821 on r December 5, 1972, and an easement to Southern California Edison recorded as Instrument No. 53651 on June8, 1962, shall be extinguished, II I� �I IIII�� IIII II �I ex tinguished, quit-cia imed, relocated or a©3s3e Fs/ e8ea1Il N £ Resolution No. 21420 Page 21 abandoned to facilitate development of the subject property. Without evidence of such, proposed structures located within these existing record easements may not be constructed until such time as the easements are removed,of record. Building permits for structures within these easements shall be withheld until the easements are abandoned, if a final map is approved prior to their abandonment, 60. 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 GJ-S. Digital Submission" from the Riverside County Transportation and Land Management Agency.' GJ.S_ digital information shall consist of the fallowing data: Calitornia Coordinate System, CC883 Zone 6 (in U.S.feetr Monuments (ASCII drawing exchange file); lot lines, nights-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.LS. data format shall be provided on -a CDROMIDVD containing the following: ArcGIS Geodatabase, AreView Shapefile, Arcinfo Coverage or Exchange file (e00), DWG (AuLoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file), Variations of the type and format of GJ.S, digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 6t The following mitigation measures, as determined by the traffic impact study fitted "Palermo Planned Development District and 'tentative "tract No. 33561 Traffic Impact Study,"prepared by Endo Engineering dated April, 7, 2005,"apply to this development: A. Pay a fair share contribution determined as 11.14% of the cost of geometric modifications and street improvements (asphalt pavement widening, traffic striping and related improvements) as necessary to widen the west leg of the San Rafael Drive and Indian Canyon Chive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval, and shall pay the fair share epribbution of 11.14% of the approved Engineers estimate prior to approval of a final map. S. Pay a fair share contribution of$5,715 determined as 3.81% of the construction of a new traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and Tramview Road. Time developer shall pay the fair share contribution prior td approval of a final map. C. Pay a fair share contribution of$5,085 determined as 3.39% of the construction of a new traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and Sunrise Parkway. The developer shall pay the fair share contribution prior to approval of a final map. D. in lieu of payment of a fair share carrtritsutitrn'ta a affic signal at the intersection of San Rafael Drive and Avenida Caballeros, which may or may not be warranted by 2025, install traffic striping and signage to provide a separate northbound shared left turn/through lane, and separate right turn lane. I IIIIIIIIIIIEIIl11111i11111111111111111111111111111111 es,�0 ae=0�8 Resolution No. 21420 Page 22 62. Submit traffic striping and signage plans for Indian Canyon Drive and San Rafael Drive, prepared by a California registered Civil Engineer, for review and approval by the City Engineer. Ail required traffic striping and signage improvements shall - be completed in conjunction with required street improvements. to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 63. If identified by a name, install a street name sign at the intersection of Indian Canyon Drive and the Main Entry, and at San Rafael Drive and the secondary Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Street name signs may be customized, subject to the review and approval by the City Engineer. 64. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at each access point onto Indian Canyon Drive and San Rafael Drive, in accordance with City of Patin Springs Standard Drawing Nos. 620-625. 65. install stop controls at on-site street intersections,as may be required by the City Engineer. Stop signs within the development may be customized, provided the sign maintains the minimum MUTCD standards for stop signs, subject to review and approval by the City Engineer_ - 66. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer.As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones' dated 1996, or subsequent additions in force at the time of construction. 67. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit II�II �IIIIII�I�II��I I I I II IIIIIII �I IIIII IIII I II 96 Za0 20 6 038 Bond No. 390258 Premium: $59,410 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. VENTURE INDIAN CANYON/SAN 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 IYw, 3? _, 2006, and identified as Tract Map No. 33561, is hereby referred to and nn de a part hereof; and WHEREAS, Principal is required under the terms of said agreement to Furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"). in the penal sum of Two Million Nine Hundred Seventy Thousand Five Hundred and 00/100 dollars ($2.970 5D0.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement Or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on _ February 24. 2006. SUBDIVIDER. P.S. VENTURE INDIAN CANYONISAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: Individual`Partnership �- Corporation"_ Company "Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. gRon otanzed) Signature (notarized) hioka Name: John Shipka Title: President and Treasurer Title. Vice Presidem 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 Pr Officer or any Assistantfto Treasurer) °OFFICIAL SEAL" "OFFICIAL SEAL" Mauna J.Fealon Notary Public,State of Illinois Mauna J.Fenlon My Commission Expires Feb-6,2010 / Notary Public,State of Illinois My Commission Expires Fcb.6,2010 SURETYCTI —IN-1 `► � y9� international Fidelity Insurance Company By: By. (Surety Name) Attorney-in-Fact Richard Adair - (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -Los Angeles On February 24, 2006 before me, P. Sauer, Notary Public Dam Namo•nd 7 Jo of 011�f(mg. 'Juno Doc.Notary Pab11-7 ' personally appeared Richard Adair . Namu(51 of sig^urp) [[personally known tome-OFt- Z proved to me on the basis of satisfactory evidence to be the person(s) whose name(t) is/are subscribed to the within instrument and acknowledged to me that he/slael-ey executed the same in his/her/tincir authorized capacity(isa, and that by hisMeWtheir signature(q) on the instrument the person(), sauEa or the entity upon behalf of which the person(t acted, Commission if 13©0630 , executed the instrument. `m Notary Pu17I,c - CallfOlrna y_: Los Angeles COuniy '`'�`- My Comm Lxpires'Oc119.2006 � WITNESS my hand and official seal, Sig "ol ry pablla OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattacnrnent of this farm to another document. :Description of Attached document r Title or Type of Document: Document Date: Number of Paces: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual C7 Corporate Officer ❑ Corporate Officer Title(s): Tifle(s)' ❑ Partner—❑ Limited ❑ General D Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator d Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: top of chump here Signer Is Representing: Signer Is Representing: 0 1994 Nnaenal Nelary AssoN9110n-9.^.36 Rummal Avc.,P.O.tax 719A-Canoga Park CA 91309.71a Prod.No SS0, Rcon' Bond No. 390258 CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. VENTURE INDIAN CANYONISAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated a T, 2006, and identified as Tract Map No. 33561, is hereby referred to and ma e a part hereof; and WHEREAS, under the terms of said agreement, principal is required before eniering 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 Four Hundred Eighty Five Thousand Two Hundred Fifiy and 001100 dollars ($1,485.250.00), 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 Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 24, 2006. SUBDIVIDER: P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: Individual —Partnership _�C_ Corporation' _ Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By- By. i otarized) Signature (notarized) N me: Ron Shipka Name: John Shipka 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 Board, following. Secretary, Chief Financial MExpitcsFeb.6,M10 "AtS 9AJJWesi ant) Ofiic7NOt' llublic, L SEAL"J.Fenlon L SE ,State of Illinois Fenlon tate of Illinoisires Fe6.6,20 r0SURETY `International Fidelity Insurance Compa By: By: (Surety Name) Attorney-in-Fact Richard Adair (All Signatures Shall Be Notarized) CALIFORNIA -ALL-PURPOSE ACKNOWLEDGMENT ' State of _ Cal,JUornia f County of Los Angeles On February 24, 2006 before me, P. Bauer, Notary Public Ravi Name--a Yllo of OrfCr(a,g.-Jana Dg .Nerary Pce(re) ' personally appeared Richard Adair _ Namgl:)of 3lgn�rfs) EXpersonally known to —D proved to me on the basis of satisfactory evidence to be the person(N whose name(5J is/af@ subscribed to the within instrument and acknowledged to me that he/4 e>'they executed the same in hisfher/theck authorized capacity(+ec), and that by a oAUM hishi9erd4heir signatul on the instrument the person(s), A•. Commission 4 1380630 or the entity upon behalf of which the person( acted, 2 - .'-• r (2d E g: Notary Public - Califomlu y; executed the instrument. ' f` y`�yLLr Los Angeles Courdy 1I comm WITNESSrI ` WITNESS my hand and official seal. L l. j^ sgralurn el No P-wc OP.TIONVAL Though the rnformatron below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattacnment of this form m 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 Nal ❑ Individual CD Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Pact ❑ Trustee ❑ Trustee El Guardian or Conservator - p Guardian or Consel ❑ Other: Top of thumb here ❑ Other: Top or rhumb here Signer Is Representing: Signer Is Representing: 1994 Nr1IICMBI NONry M.xmllan•9d3C ROMMe[Ave..R0.aex 71FV•CarWa Par,OA;1309•7194 Prod.Na 5W7, F' -r,rr•• - r. —_ Bond No. 390258 CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. VENTURE INDIAN CANYONISAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreemem, dated WOAa n _ 2006, and identified as Tract Map No. 33561, is hereby refen-eg to and made a part hereof, and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of Four Hundred Font/ rive Thousand Five Hundred Seventy Five and 00/100 dollars ($445.575.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvemems, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. firmly by these presents It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Pan 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors. administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the repair and replacement of defective workmanship Maintenance &Warranty Bond Page 2 and materials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered_ The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice cf any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. (Signatures on Next Page) Maintenance &Warranty Bond Page 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 24, 2006, SUBDIVIDER: P.S. VENTURE INDIAN CANYONISAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: _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. ome: Ron By: ��-- �� ► notarized) Signature (notarized) hipka Name: John Shipka Title: President and Treasurer Title: Vice President and Secretajy (For Corporations, this document must For Corporations, this documem 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 Presi President) Officer or any Assisiant Treasurer "OFFICIAL SEAL" t Maura J.Fenlon "OFFICIAL SEAL" Y> Notary Public,State of Illinois Maura I.Fenlon My Commission Expi=Feb,6,2010 Notary Public,State of Illinois SURETY International Fide i y nsurance Company My COMMISS19A F�Vms Feb.6,2010 By. By: (Surety Name) Attorney-in-Fact Richard Adair (All Signaiures Shall Be Ncianzed) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On February 24, 20OG before me, P.. Bauer, Notary Public Date Nam9 and iae of 901eer(e.g, Vana Doe.Nalary Puplio� personally appeared Richard Adair . , Nftme(s)or Slpner(y) apersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person( whose name(t* is/aye subscribed to the within instrument and acknowledged to me that hels� executed the same in histixr/tf+cir authorized capacity(jec), and that by p. BAUER his(i� ltfAreir signature(,q) on the instrument the person(, OPIMY Comrnisslon t.s.os0or the entity upon behalf of which the person(s� acted, Notary Public - Cehrornlaexecuted the instrument. Las Anr]eleCounty Comm.Explres Oct 19,20�76 j WITNESS my hand and official seal, l� n 5"nelura 61 NOUFY Puolk - OPTIONAL Though the information below is not required by law, it may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this rorm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Paees- Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: I❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): T itle(s): ❑ Partner—❑ Limited ❑ General ❑ Partner-- ❑ Limited ❑ General ❑ Attomey-m-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator _ ❑ Guardian or Conservator mzion ;' ❑ Other: Top of thumb here ❑ Other; Tap or thumb hero Signer Is Representing: Signer Is Representing: 0 1294 Nall--At Notary AgapOiallon•=5 Rommol Avc.,P C.9a%71 b1•Canoga Park CA 91309 18e PreE.No,MT r - 1 (973) POWER OF AAl 14 L, JRNEY ANCE INTERNATIO AL FIDELITY INSUR COMTA HOME OFFICE1 ONE NEWARK CENTER,20.,'�H FLOOD. 1,1::i NEWARIC, NEW JERSEY 07102-5207 V, KNOW ALL NENBY 1173ESE PRESENTS: ThataINI,RNATIONAL PkII INSURANCE COMPANY;"a r.acI and existing Dy, its priziaipal office ivditt City of Newark,New dots "a pP215'?a lswoItht,Srs[eofNevv�ars� imillhaving its me and lawful aracorritty(s)-m-facL to execute, seal and doliver.for and on irs behalf aS8umLy,.a, and all bonds and,undcribaI croareacts of indaritityrandl%, other writings obliganiry in the nature thereof which arc or may be allowed, required or PtIminuff by law, statute,talc, rcUlation, contract or otherwise, and the execution of such mstmmara(s) in Pursuance of these presents, shall be as binding upon INTE RNATIONAL TERNATI NAL FIDEL= INSURANCE ,COMPI as folly and.amply, to all inicrus and purposes, as if the same had been duly executed and aclanowI by its regularly 61tctI Officers at its principal office This Power of AL[Ofae,4 is executed, and may be mvol,'ed,Pursuant 10 and by authority of Article 3'Station 1,of die By-Laws adopted b�die Board of Directors ofINTERNA. IONAI,FIDELn"It INSURANCE COMPANY at a meeting I a called and held on the 7th dI of Febmily, 1974 The President or any Vice President,Executive Vice President, Secretary Or ASSLSmnt Secietary,shall have power and authority (1)To appoint Aminticyli-m-fact,andia authorize them in execute on behalf of the Company, and attach the Seal of die Company thereto, hands and underialunis,contracts of indemnity and other writings obligatory in die Daium tiumi-cof and, (2)To remove,at any tune,any such artorricy-in-fact and revoke the auduirirygiven Furditer, this Power of Artora is signed and scaled b facsimile pursuant to resolution of the Board of Directors of said Company adopted ata acering duly called and held On the 29di y o lklird, 1982 of which the following is a me excerpt: Now Therefore the signatures of such officers and The seal of the Company may be affixed to any such power of anoy or any certificate relating,Tiltratt) by facsimile and any such power of attorney or cendficata litianing such facsimile Signatures or facsirrific scarf rrut sball lit valid and bind upon the Company and any un1 such,power-SO txti:I and rarefied by facsimile signatures'inct facsimile Seal Shall be valid and binding upon the Company in c future with respect to any bond or undertaking to which it is attached. Ty rN TESTIMONY WHEREOF,rTIERNATIONAi,FlOgLITY INSURANCE COMPANY has caused this in-stnimert to be siloica and its corporate seal ro be affixed by its authorized )fficcr, this 2 L.%L day of August,A.D. 1998, Ca) S AL INTERNATIONAL FIDELITY INSURANCE COM STATE OF NEW JERSEYCID CounEy of Essex Vice-Pr ,teen[ On this 31si day of August 1998, before me came die individual who executed The mced unsitumcni, In me personally known, and, bring by me duly. sworn said the lit is the thateindescribidi and authorized o1fictruldue INTERNAT�OT�ALcn�'IDELJTY INSURANCE C MIPANY;that die seal affixed 10 said sworn, is the Corporate Seat of said Company; that the Said Corporate Seal and his signature were duly affixed by order of the Board of,nimctior-% of said Company. IN TESTIMONY iliTIEREI I have licrounuiI my band affixtc,my Official Seal, at the Ony of Newark,New Jersey The,day and yeaut first above wnrem. A NOTARY PUBLIC OF NEW JERSEY, CERTIFICATION My Commission Expims Nov. 21.2005 1, die undersigned :I of INTERN&TIONAL FIDELITY INSURANCE COMPANY do hereby corrify iI have compaied:tlic foregoing wI of die Power DfAurorre y and affidavit,and The copy of thc;Section of die By-Laws of said,Company asset bent,in said Power of Artorney,-withThi,ORIGINALS ON_ IN THE 1-10ME OFFICE OF SAID COMFANY,,�and that[lit same are correct LranScrtpis.dhcmof,and of the wjjoln;cf the said originals,and that the said Pow,eL of Anorney has nor been myokoji and is now in full force and effect, lNTESTEMONYVdHEREOF, I have llcrzuritQstLmy Baud rliis 24t:h day of February, 2006 L-a Assisraor Secretary W Bond No. 390259 Premium: $100 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and P-S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated - 4� _7 , 2006, and identified as Tract Map No. 33561, is hereby referred to and made a Ohrt hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Four Thousand and DD/100 dollars ($4.000.00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Par[ 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation Is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full farce and effect. Monumentation Bond Page Z As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in 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) Monumentation Bond Page 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 24, 2006. SUBDIVIDER: P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: —Individual `Partnership �r_ Corporation*_ Company *Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agenta ust sign this Agreement. By: 75)6�— By: g ature ( Signature (notarized) Name: R ii3ka 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 ce b one of signed in the above space by one of the the folldi(jj "j e card, following. « ref�`Ftnancial Pre ident orietgyr�/JcPC si ent) OfficLNotary urn _7f�asiarer) Notary Public,State of Illinois uhl iiu n Illrius MyCommission&pins Feb.6 yt10 ma,.,, „u -, -,n fi,2010 SURETY Fiidel y Insurance Company �� Z4, By, By: (Surety Name) Attorney-in-Fact _ Richard Adair (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On February 24, 2005 before me,_P. Bauer, Notary Public Dale Nvma and Tole or of(wr(s.g.,•dano Da+,Naply PuA) ' personally appeared Ricbard Adair . Nama(s)Of signals) ETpersonally known to me—OR—❑proved to me on the basis of satisfactory evidenca to be the person(k whose name( is/ara subscribed to the within instrument and acknowledged to me that heig4e{tkey executed the same in hislherHttek authorized capacity(+*, and that by * P SAUER hisliteWfireir slgnature(,�)on the instrument the person(', commission# 1380630 or the entity upon behalf of which the person( acted, c � : Notay Public • caonty executed the instrument. Los Angeles County My Comm.Expires Oct 19,2006I� WITNESS my hand and official seal. ���aigire�itti�ot Notary Puhllo OPTIONAL Though the rnfaimahon below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document pate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual 1 ❑ Corporate Officer ❑ Corporate Officer Ttle(s): Title(s): El Partner—❑ Limited ❑ General ❑ Partner—D Limped ❑ General ❑ Attorney-m-Faci ❑ Attorney-in-Fact Q Trustee ❑ Trustee C Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb hero ❑ Other: Top of thud l here Signer Is Representing: Signer Is Representing: 0 1994 N.egna)Noivey Aaseelallen-9238 Rummat AV._P.D.eox;1gd•Canoga Paht.CA 91306•71g4 Pam.No.sm-, Reobee Call Toll-F 1. 7 -7200 �'!POWEW OF ATTORNEY INTERNATIONAL I+TDELITY'IlSURA,N °:'C:OMr ANX ' � 1 HO,ty1.E,AFFSCE: ONE'NEWAR&CCN` ER,20THFLOOR "'•. NrWARIC, N'EW.7ELxS.EY'07102'5207 �. .... e New and PRES"it9'principal FIDELNewlerUR does co W,;it ac ip tw orga n' .OW.ALL MCN BY T7H[ESE PRESENTB: � 'X1Y INSURANCE COMEA'NX;�" q oration' ttifed and zxhsihig ; laws ofih Srarc oti Ne y p incipal office in the Cay of Ncvark, y etc and a uin[' P, BAIIEA,, RICFA,RT) ADAIR Glendale, CSC. � its true and lawful ntmruey(s)-m-fact to.axecute, seal and delhver•for and on trs bclialf a5 surety, any and all,bonds and undertakings,.contracts of indemnity and ,,tither writings obligatory in rho natum_thereof,which are or may he allowed, required or pgnnntecl by law: statute•mic, utc ulmion, conmet or otherwise, and- the execution aC such mstmment(s),in pursuance of these presents, shall be as binding upon ,the said INTERNATIONAL F7AELXTY INSURANCE COMPANY, a5 fully and amply, to all interns and purposes, as if die same'hdd been duly executed and acknowledged by is regularly elec¢d''Officers at is principal office. This Power of Morriey is exeeured,mid mayy b�e revoked,pursuant to aid by authority of ArrI 3-Scanion 3,of die B -Laws adopted by the Board of ' Directors of INTERNATIONAL F'IliELI'I'X INSURANCE COMPANY ar a meeting called and held on the 7th tl:y of Febnrary, 1 I7a. The President or any Vice President,Executive Vice president,Secretary or Aswrant Seureoiry, shall have power and authority , (L)To appoint Attorneys-hi-fact,and no authorize them to execotc on behalf of die Company, and attach the Seal of die Company thereto,bands and underrakmgs,contacts of indemnity and other writings obligatory in the nature Thereof and, (2)To remove,at any time,any such attomey-in-fact and revoke the authonty,given Further, this Power of Arleta%is signed and sealed by facsurI pursuant to resolution of the Board of Direcrors of said Company adopred'ar a meenn; duly called and hold on the 29di day of Apa 1982 oI which The following i9 a true excerpt Now Therefore Tie signatures of Such officers and the seal of the Company may be affixed it)any such power of attorney or any ccrnficatn relating therein by t faesunde,and any such power of,attorney or eerdfreaw bearing such facsimile signatres or facsimile seal shall be valid and bindingg upon the Company and any such power so execumd and certified by faesunile signatures and facsunile seal shall be valid and binding upon the Company am the future with respect to any • bond or undertaking to which it is attached. r r • Q�L,TY)�rJ. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by is audiorMd officer,this 31st day of Augnsi,A.D. 1998, SEAL WTERNATIONAL FIDELITY INSURANCE COM�y1NY STATE f NEW JERSEY County 19D4 ems, o STATE F NE yJ ���v�eRS sex VICC-Pr 'id"' On This 31st day of August 1998, before me came the individual who executed die pprecedtitg tnstmmant,"in me perconall� known and,being by me duly sworn, said the he is the'thcrcm described and autbiI officer of Tie XNTI?RNA7'IONAL FIDELITY INSURANCE C�M'PAN4';that the seal affixed to said ins nimem is die Corporate Seal of said Company; that the said Corporate 5cal and an signature were duly affixed by order of the Hoard of Directors of said Company. .. IN TESTIMONY WHEREOF, I lhave hereunto set my hand affixed my Official Seal, P• {� at the City of Newark,New Jersey the day and yem fuss above written. . �C 'k 4 IV E)"S' .. A NOTARY PUBLIC OF NEW::"IERSEY CERE'IFICATION My Commission n.Ex�.xpiresdNov, 21,;2005 - I, the undersigned iiFficor of EV'PERNA.T.IONAL FIDELITY INSURANCE COMPANY do hereby certify,that I have compared the foregoing copy of die Power of A.arorney and affidavit,and The copy of die Seenon of rhe•Hy-Laws of said Company as set forth to said Power ofvAnomtny„w;ir h ibc ORlrrINALS-ON;•, IN THE HOME OFFICE OF SAID COMPANY;'and that the same arsItract transcnpis•thereot,and of the„who le df.the said octrmals,and That the,raid Pnwe., of Aaorney bps not been revoked and is now in full foree.and effect IN'TESTINIONY WHEREOF,I have hereunto set my hand This �24th day of Februa rye 200E Assistant Sh:nretatiy , Bond No. 390258 Premium: $59,410 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. VENTURE INDIAN CANYON/SAN 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 M(A 32, _, 2006, and identified as Tract Map No. 33561, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"). in the penal sum of Two Million Nine Hundred Seventy Thousand Five Hundred and 00/100 dollars ($2.970.500.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on _ February 24. 2006. SUBDIVIDER: P.S. VENTURE INDIAN CANYON/SAN 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 document, as indicated below, for all other u ed agents must sign this Agreement. v By S notarized) Signature (notarized) e:_Ran Shipka 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 nt) Officer or an Assistant Treasurer) "OFFICIAL SEAL" '°OFFICIAL SEAL" Maura J.Fenlon Mauro J.Fenton Notary Public,State of Illinois Notary Public,State of Illinois My Commission Expires Fcb.6,2010 My Commission Expire Feb.6,2 io SURETY j1A ,e �y�(]rt r International Fidelity Insurance Company By: By (Surety Name) Attorney-in-Fact Richard Adair (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE AOKNOINLSDOMIENT state of California County of Los Angeles On February za, zoos before me, P.. Bauer, Notary Public Date Name and 7,u.or ORmo!(e.g. 'Jnna Doc.Notary F uhlc-� personally appeared Richard Adair - Name(,-)of Signer(a) C7personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(t) whose name(N is/ara subscribed to the within instrument and acknowledged to me that he/spps'Mrey executed the M,.r� same in his/ r/thei authorized capacity(, and that by m a. MITE hislherltheir signature(rq)on the instrument the personN), ' ' '% commisson;i 138o630 Lt or the entity upon behalf of which the person(q) acted, . : z e-�2 N01 ory PIiiJIIC - GQIIFOrnI(1 n y Los Angeles Caunry. f7 executed the instrument. .. My Comm FxplresCci79�21J06f WITNESS my hand and official seal. �— SlgnnaaliTrre a Notary Punik OPTIONAL Though the information beiow 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 Paces, Srgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer C7 Corporate Officer Ttle(s): Title(s): ❑ Partner—a Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee Cl Trustee ❑ Guardian or Conservator ° ❑ Guardian or Conservator , ❑ Other: lop at rhumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: p 1994 Na imal Notary Amonallon•805 Sommer Ave.,00 %x 7181•Canoga Pak.CA 91WS-71ae PmC,No.5907 Bond No. 390258 CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated WykL,, 17 _ _, 2DD6, and identified as Tract Mao No. 33561, is hereby referred qc and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Cade 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 Four Hundred Eighty Five Thousand Two Hundred Fifty and 001100 dollars ($1 485.250.00), 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 casts and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Labor& Materials Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 24, 2006. SUBDIVIDER: P.S. VENTURE INDIAN CANYONISAN RAFAEL, LLC, a Delaware Limited liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one. _Individual _Partnership -r Corporation*_ Company *Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By. By: w�( tar d) Signature (notarized) Nam Shi ka Name: John Shlpka 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 PSG dent) a Oj" ro "OFFICIAL SEAL" "CN FICIAL SEAL" Maura J.Fenlon Maura J.Fenlon Notary Public,State of Illinois Notary Public,State of Illinois My COmmiSS�On Fxpms Feb.6,2010 My Commission Expires Fcb.6,2010 �+Y1^� SURETY International Fidelity Insurance Company By: By,- (Surety Name) Attorney-in-Fact Richard Adair (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On February 24, 2006 before me, R. $auez, Not:arr Public Data Nam9 and Title el clGmr(g.g..'Jpne Dm,Nciary Puhlic� personally appeared Richard Adair , Nam9(s)Of 5igner(y LYpersonaily known to me—OR-0 proved to me on the basis of satisfactory evidence to be the person(f, whose name(t)is/are subscribed to the within instrument and acknowledged to me that he/eiestR executed the same in his/her/the r authorized capacity(iea), and that by hislfrr>rltkieir si nature on the instrument the erson P. 9AUER 9 �) p x, , common N "' '30 or the entity upon behalf of which the person( acted, -®2 wp Notary Pu411c - Cohfornia executed the instrument. \`c,�Y�'�"- Los Angeles County My Comm.Eupiras Oct 19,2WG .. � c fires WITNESS mmyt hand and official seal. a��ti Sigrlemm 91 i7amry Puhlk aPr/ONAL Though the infoemabon below is not required by law, it may prove Valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fWm to another docurnant Description of Attached Document Title or Type of Document: Document Date: Number of Pages, Sioner(s) Other Than Named Above: Gapacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Titles) Titls(s)' ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Attomey-in-Fact ❑ Trustee ED Trustee ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: lop of thumb hOfe ❑ Other: TOp of thumb here Signer Is Representing: Signer Is Representing: 0 1994 Nuhrnnl Nvtary A=p=allm-=5 ROMMet AVE_°A S=7184-Cancgp Pi64 CA VW0 -716 Pn 1.NO,5907 Bond No. 390258 CITY OF PALM SPRINGS BONE) FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. VENTURE INDIAN CANYONISAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal') have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated _ _ TCA6 17 _ r 2006, and identified as Tract Map No. 33561, is her6by referred to and made a part hereof, and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of Four Hundred Forly Five Thousand Five Hundred Seventv Five and 00/100 dollars ($445.575,00), lawful money of the United States, for replacement and repair of any and all defecrive materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under- Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Cade, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors. administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the repair and replacement of defective workmanship Maintenance &Warranty Bond Page 2 and materials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. . _ wu• . (Signatures on Next Page) Maintenance &Warranty Bond Page 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 24, 2006. SUBDIVIDER: P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: Individual Partnership _jr__ Corporation"_ Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By: By: c ig u ( r' Signature (notarized) Name Roh Name: John Shioka Title: President and Treasurer Title: Vice President and Secretaryv (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, Board, following: Secretary, Chief Financial President drLC*7S:tate LAh1!ient Officer or any Assist Aluura on i MAT.SEAL" y Publicof Illinois Liura J.FentonmmixSion cb.6.2010 .o. . V'ublic,State of Illinois . nnussion F-xpihs Feb.6,2oio SURETY International Fidelity Insurance Company �` � By: By: (Surety Name) Attorney-in-Fact Richard Adair (All Signatures Shall Be Notarized) CALIFORNIA .ALL-PURPOSE ACKNOWLEDGMENT State Of california County of _Los Angeles On February 24, 2005 before me, P• Sauer, Notary Public Dale Name and i 1)e or o ,6 r(o,g,.'Jana ooc,Notary Fuhl-) personally appeared Richard Adair Nama(s)of 5lpner(e) EXpersonally known to me—OR—❑proved to me on the basis of satisfactory evidence,to be the person(Nl whose name(t) is/aFe subscribed to the within instrument and acknowledged to me that he/64effhey executed the 71 same in hislhrw/tmeit authorized ca aci I p. BAUER ^"r" '�i'� COfnmI5510n ft 138UG30 7 p tY(T9G), and that by ' Notary Pubilc - Couforroa i hislirer/their signatumllq) on the instrument the person(, or the entity upon behalf of which the person(s) acted, II . Los Angeles Counly y P y` my Comm Explres Oct 19,2006 executed the instrument. WITNESS my hand and official seal. r sgna mot every Punik OP710N aL Though the information below is not required by law, It may prove valuable to persons relying on the document and cxuld prevent fraudulent removal and reattachment of thrs form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Srgner(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): Titles) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Tap or thumb here ❑ Other: i0p or Ih=b here Signer Is Representing: Signer Is Representing: 01@9a NaOeml Notary Asaecieeen,9236 Remmol Ave.,P.O.aoz 7184-Canoga Pads.CA Fr-tl-Ne.5207 F - ^ 4� T 1-,973) 6247290 N, :P OWFIR DY ATTORNEY INTERNATIONAL FIDELITY INSURANCE 'I COMPANV"' FIOME OPFICEONt NEWARK,CENTER,20'M3F.L00k -NEWARK NEW JERSEY. 0 7fO2'5207 ALL MEN BY n-IESE PRESENTS- Thai INMIRNATIONAL FJDELITY INSURANCE COMB %corporation Organized and existing laws of the'Sim af'New tcrscy, and hPving its princip al offica in the City,of Newark;New Jersey,does boreby,constitute and appoint _"ll" BAUER, R1qBARD,,ADA1R r'10ril CA. is true and lawful execute, seal and deliver for and on its behalf as surety, any and all,bonds,and underoik�i rigs,socrrac�s of indonatil and ,vhcr writings obligatory uI nature 111tocol which are or may he allowed, required of permitted ii lawz statute, Mile, re�ulzuiorl contract or oEhorw!s6,'and the cxccuuon of.such irserunicut(s) to pursuance of these presents, shall be as binding upon said INTERNATIONALMELITY INSURANCE COMPANY as fally,and amply, to all miens and purposes, as if the same had been duly executed laud Acknowledged by,7ris rcgulurly:cicctcd officers at its principal office. This Power of Attorney is executed, and rinav be revoked,pursuant to and by audioncy of Article 3,Scalan 3, of the By-Laws sidopred by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held orl 7thduy of February, 1974, I The PnI or any Vice President, Sxccurivc Vice President, Secretary or Assistant Se=[Ary,shall have power and audiony, (1)To appoint.Arcomcys,ul and to authorize Them to execute on behalf of the Company,and attach the Seal of the Company diercto,bonds and: undertakings,courts cis of indemnity and other wnunZs cl in die miturn thereof and, (2)To remove,at any time,ally such atuirricy-in-fact and revoke the authority eivcn Further, this Power of Arriorn is signed and stalled by tacsiol pursuan.:to resolution of the Board of Directors of said Company adopted ara meentrig; duly called and held on the 29th ay of April, 1982 of which the following is a true cxGcrpc: Now theiefort the signatures of such officers and the-seal of the Company may be affixed to any such Ewer Of attorney or any ccrttil rcla I ung thereto by l facsimile,and any such power of au or certificate bearing such facsiraile signatures or facsirrille seal tt shall be valid and Midi, upon die Company and any such power sit cl and certified by facsimile 5)gnaurcs and facsticalli seal shall be valid and binding upon the Company in c future with tespecii to any bond or undertaking to which it is attached. ILAT Y IN TESTIMONY WHEREOF,=RNATIONAT,FIDELITY INSURANCE COMPANY has caused this instrument to be 4��N'l eel signed and lo;corporate seal to be affixed by in;autOrLZed officer, dus 3 Ist day of August,A.D. 1998. x Ca SEA fn ccr r� INTERNATIONAL FIDELITY INSURANCE COMS,� M ;7- JE A 1904 STATE OF NEW JERSyEY County of Essex vice-Pr tdeu, On this 3 Isi day of August 1998, beforeme came The individual who TXMI The l UDIe rece sminimr, to me personally known, and,being by me duly on swo , said the be is the ditunin descri bed and authorized officer of the INTI RNATMNAL�IELITY INSURANCE C Il that the seal affixed to said instrument is tie Corporate Seal of said Company, That due said Corporate Seal and its signature were duly affixed by order of the Board of Dirc[l Of 'said,Company. IN TESTIMONY WHEREOF, I have berounio,sec my hand affixed my Official Seal, it:the City of Newark,New Jersey the day and year first IbOVE written, NOTARY PUBLIC -A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Conanussion Expiresvoil,"'21, 200$ the undersigned officer of INTERNATIONAL FIDELITY INSMIANCF COMPANY do,hereby acrinfly Thai I have compared the foregoing copy of Ilitz Power of Amirucy and affidavit,and the copy of to Soctioln,of the BY-Laws of 5aid'Comporty as sel'bribi in said Powarof Arrorney,with the ORIdIR�klS ON IN THE HOME OFFICE OFSAID COMPANY,and that die Saint art:correctiranscripts du:rcof, and of ch;whole otAha said un-prials add that tb6 said liqwe7 of Atiorricy has ME been involoicl and is now in'tull force And effect IN TESTIMONY"E'P,20P, I have hereunto set my I'sudAllis 24th day of •February, 200& Assisrany Secretary Bond No, 390259 Premium: $100 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated =& �, 2006, and identified as Tract Map No. 33561, is hereby referred to and made a art hereof; and WHEREAS, said Principal is required under the terms of said Agreement to ' furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and International Fidelity Insurance Company as Surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Four Thousand and 00/100 dollars ($4.000,00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. J Monumentation Bond Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in 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) Monumentation Bond Page 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 24, 2006. SUBDIVIDER: P.S. VENTURE INDIAN CANYON/SAN RAFAEL, LLC, a Delaware Limited Liability Company By: California Development Enterprises, Inc., a California Corporation, Its Manager Check one: _Individual_Partnership ✓_ Corporation*_ Company Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreements By: By: Na 7e otarized) Signature (notarized) e� RoriShipka 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) SURETY International Fidelity Insurance Company By: By: (Surety Name) Attorney-in-Fact = Richard Adair (All Signatures Shall Be Notarized) "OFFICIAL SEAL" "OFFICIAL SFAL" MMMJ.Fcnlon Maura J. Fenlon Noary Public,State of Illinois Notary Public,State of Illinois MY C�otuio�Papim FF&6.3010 MY Cummimian Expim Fcb.6,200110 yl� J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ Los Airgeles On February 24, 2006 before me, P. Bauer, Notary Public Date Name. d title or Dlfixr(e.g.,-.lano Doc.Notary Pvala.') personally appeared Richard Adair - Name(s)or Slgnur(o) LXpersonally known to me—OR—[]proved to me on the basis of satisfactory evidence to be the person(%) whose name(t) is/are subscribed to the within instrument and acknowledged to me that he/sr}edthey executed the same in his/her/their authorized capacity(;ec), and that by hisl+t%_atfmteir signature*) on the instrument the personO, P, or the entity upon behalf of which the person(s) acted, [IAUF.I: ��� �� ;:• y,.1..1. Commission ti iddOG30 executed the instrument. Notary Los Anc�e es Cnunly Ala j r MyComm [xpiresnct19.2W61i WITNESS my hand and official seal. �•�-;--��,:"�-mac,^�`.�^"'`'�� Zlgnah of Nelary Public OPTIONAL Though the information beiow is not required by 1a1N, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. r Description of Attached Document r Title or Type of Document: Document Date: Number of Pages: Srgner(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual M Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top or thumb here ❑ Other: lop of thump here Signer Is Representing: Signer Is Representing: 0 1994 National Notary A ocrallen-623G Rommel Ave.,P.C.Bo.71eJ-09rP l Park.CA 91309-71 M Prod.No.5907 Roorden Call Te0.Froe 1,80 87a_MV t973)'624�"1200 PO ER QT ATTQRNEY INTERNATIONAL FIDELITY INSURANCE=COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH:FLOOR . . - �. ... ..." I�TEWARK;NEW TERSE 07102-5207 .. .IS.NO'W,ALL NXEN BY THESE PRE S, S: Thai INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing, laws of dic Stan:of,New Jersey,and having its principal office in the City of Newark,Ncw Jersey,dons bcreby constitute and appoint „ P. SAVER, RICHARD ADAIIz . Glendale, CA. its ime and lawful auomey(s)•in-fact to execute,seal and deliver for and on its behalf as surety,an and all bendy and undertakings;conrracts of indemnity and other writings obligatory to f1ie namre dicreof,which arc or may be allowed, required or permuted byq law,statute, rule, m-nilauen, connacc or odhehwi6e, and the execution of such insLNnlent(s) hi pursuance of these presents, shall he as bmdmg upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purpose$,as if the same had been duly executed and acknowledged by its regularly elected officers suits pruncipal office This Power of Attorney is executed and may be revoked.pursuant to and by authority of Arriele 3-Scction 3,of the Sy-Laws adopted by die Beard of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a mcermg called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President, Secretary or Assistant Secretary,shall have power and authority (1)To appoint Auorncys-in-facr, and to authorize them to execute on behalf of the Company, and attach die Seal of die Company tucrcto,bonds and undertakings,columns of indemnity and other writings obligatory in the nature thereof and, i (2)To remove, at any tine,any such attorney-in-fact and revoke the author y given Further,this Power of Aaomey is stEmcd and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a mftadnt• duly called and held on the 29di day of April, 1982 of which the fallowing 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 attorney or any certificate ¢lating thereto by facsimile,and any such power of anorncy or certificate bcermg such facsimile signatures or facsimile seal shall be valid and bindingg upon the Company and any such power so executed and certified by faesimdc stgnatums and facsimile seal shall be valid and binding upon the Company in tine future with respect to any bond of undertaking to which it is antachcd Q�L1TY/�f IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instillment to be signed and its corporate seal to be affixed by its authnnrcd officer,this 31st day of August,A.D. 1998. �OQ'P p�l�`may INTERNATIONAL FIDELITY INSURANCE CO NY c SEAL m r T 1804 h STATE OF NEW JERSEY County of Essex -Pr yident On This 3lst day of August 1998, before me came the individual who executed the limcedmt>, instrument, to me pelsonally known, and, being by me duly sworn,said The lie is.the therein described and autlonxed officer of the INTERNATIONAL FIDELITY INSURANCE C�MPANY-that the seal affixed to . said ohs rumen is (lie Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of The Beard of Direutan of said Company. lry`A��`lrJ IN TESTIMONY WHEREOF, (have hereunto sell my hand affixed my Official Seal, �Q-• ,� at The City of Newark,New Jersey die day and year first above written. r r O NOTARY PUBLIC _ L s JEFI�� A NOTARY PUBLIC OF NEW lEIiSEY CERTIFICATION My Caninission Expires'Nm'21,2005 r I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared tie foregoing copy of Ihe': Power of nndmay and affidavit,and die copy of the Section Ot the Sy-haws of said Company as set forth insaid Power of quarry,with.the OI?IU)NALS ON IN THE HOME OFFICE OF SAID COMPANY,and that The same are correct transcripts thereof,and of dic whole of the said originals, and dial the said Pownn oC Aaerney has ear been revolved and is now m'full force and effect - - - IN TESTIMONY WHEREOF,I have heeeunto set my,hand this "24th day of February, 2006 `. ." /Jrssisranr Secretary - ;: