Loading...
HomeMy WebLinkAbout05226 - ALEJO CABALLEROS II LLC SUBDIVISION IMPROVEMENT AGREEMENT All City of Palm Springs u * Department•of Public Works and Engineering 3200 T. Tahgwu Canyon Way ' Palm Springs, California 92262 xroenrcn•e C `p Tcl. (760) 923-3253 Fay;(760) 323-5360 Wc6-wwwci.palm-spriags.cu u5 q�IFORN November 24, 2009 Western Insurance Company ,tl� c/o Sheer's West -- 3283 E. Warm Springs Road, Suite#200 Las Vegas, NV 89120 - c, Attn: Caroline L. Brown =r= Re: Tract Map 33577 (Alejo Caballeros II, LLC by D. L. Freeman) r� Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Alejo Caballeros ll, LLC related to Tract Map 33577, have been satisfied. The City is in receipt of the final video of the sewer, so the 25% of the sewer bond amount being held by the City can now be released- In addition, the on-site signage and striping have been installed, and the curb repair or replacement has been completed. The remaining Faithful Performance Band ($32,316.00) is being released at this time. The City is in receipt of a current title report and has verified that there are no mechanic's liens, so the remaining Labor/Materials Bond ($16,158.00) is being released at this time. The project was accepted in its entirety on December 23, 2008, so the Maintenance/Warranty Bond ($80,790.00) is also being released at this time. The following subdivision bonds required by the agreement may now be released: • Faithful Performance Bond; Bond No. CWS70297; $ 0.00 • Labor & Materials Bond; Included in Performance Bond; $ 0.00 • Maintenance/Warranty Bond; Included in Performance Bond; $ 0.00 The following bond required by the Subdivision Improvement agreement was previously released: • Monumentation Bond; Bond No. CWS70298; $0.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Cc: Caroline Brown via small:Dennis Freeman via email,dames Thompson,City Clark:TM33577 File Post Office Box 2743 • Palm Springs, California 92263-2743 FpP,LA4 Al � , �. City of Palm Springs y u Deparunenc of Public Works and Enbineerinlr 3200 L.Ti6grr11Z Canyon Way • palm Springy,Ca6Fprma 92262 °Pert 7ev 0F0 I'?- UL(760)323-5253 • Fix; (760) 322-3360 • Web. rya W.a.paLn-spemgs.ca.as R� February 23, 2009 Attention: Jim Rose Canyon National Bank 1711 E. Palm Canyon Drive Palm Springs, CA 92264 Re:Tract Map 33577 (Alejo Caballeros II, LLC by D, L. Freeman): Time Extension for Subdivision Improvement Agreement Dear Mr. Rose, On February 18, 2009, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision Improvement Agreement No. 5226 for Tract Map No. 33577 (Palomino), with Alejo Caballeros II, LLC. The new expiration date for the Tract Map No. 33577 Subdivision Improvement Agreement is February 18, 2010. If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Cc. Dennis Freeman via email;James Thompson,city Clerk;TM33577 file y C7 J- _. :7 Post Officc Box 2743 • Palm Springs, California 92263-2743 D©C # 2006-0252147 04/07/2006 08:00A Fee:NC Page 1 of 34 Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Larry W. Ward CITY OF PALM SPRINGS Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: IIIIII IIIIII1 III1I III 111IIIII 1111111 III 111111111IIII City of Palm Springs M 5 U PAGE SIZE DA PCOR I NOCOR SMFgmiscP. O. Box 2743 Palm Springs, CA 92263 ��.Attn: Office of the City Clerk A R L LOPYLONG ftEFUNO NCHG SPACE ABOVE FOR RECORDER ONLY Filing fee EXEMPT per Government Code 6103 AT I PSVe Subdivision Improvement Agreement Alejo Caballeros II, LLC Alejo Caballeros II, LLC Title of Document Subdivision improvement Agreement A5226 Res 21503 02-01-06 THIS AREA FOR RECORDER ' S ul: USE 0101 LY ILI LICATE THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) R SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and ALEJO CABALLEROS II, LLC A CALIFORNIA LIMITED LIABILITY COMPANY IIIIN III III IIIII III III I III I IIIIIII III Hill 1111 IN04 0AA6 0£34�00R t 1 TABLE OF CONTENTS 1. Construction Obligations......................................................................................1 1.1 Works of Improvement............................................................................... 1 1.2. 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 .................................................................................2 1.6 Changes in the Work....................................... ....................... ..................2 1.7 Defective Work...........................................................................................3 1.8 No Warranty by City...................................................................................3 1.9 Authority of the City Engineer.....................................................................3 1.10 Documents Available at the Site ................................................................3 1.11 Inspection...................................................................................................3 1.12 Compliance with Law .................................................................................4 1.13 Suspension of Work...................................................................................4 1.14 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 2AContinuous Work........................................................................................5 2.5 Reversion to Acreage.................................................................................5 2.6 Time of the Essence ..................................................................................6 3. Labor.....................................................................................................................6 3.1 Labor Standards.............................:...........................................................6 3.2 Nondiscrimination.......................................................................................6 3.3 Licensed Contractors .................................................................................6 3.4 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 i t 5. Cost of Construction and Provision of Inspection Service..................................................................................................................9 5.1 Subdivider Responsible for All Related Costs of Construction................................................................................................9 5.2 Payment to City for Cost of Related Inspection and Engineering Services ..........................................................................9 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....................................................................... 10 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 ......................................... 11 11. Corporate Authority............................................................................................. 12 2 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIV SION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of r, , 2005, by and between the CITY OF PALM SPRINGS, a municipal borporation of the State of California ("CITY"), and ALEJO CABALLEROS II, LLC, a California Limited Liability Company (Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 33577, 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 Lot "A" for public utility purposes with right of ingress and egress for emergency vehicles and personnel. 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. 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 1 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 $538,600.00. 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 in-formation given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs, Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 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 i of the sureties or financial institutions 2 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 CitV. 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 AuthoritV 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 SubdMder's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shalll not relieve Subdivider or the contractor of any, obligations to fulfill this Agreement as herein provided, and unsuitable materials or 3 work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 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 4 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 Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof),,Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 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 5 agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority-to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and :subcontractor to submit to City a Certificate of Insurance verifying such coverage prior ,to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing:Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $538 600.00 equal to 100% of the estimated construction cost referenced in Section 1.1. 6 (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 $269,300.00 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 $1,500.00 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 $80,790.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & 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 Stare of California acceptable to City. Any such letter of credit shall specifically permit City, to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment .or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. 7 (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, 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 8 by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 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 9 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 shal be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City 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 10 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 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 11 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 Authority.The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 12 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA BY James Thompson, City Clerk David H. Ready, Giy � er /'STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT RECOMMENDED BY: APPROVED BY PUN E:01UL David Barakian, City Engineer SUBDIVIDER: ALEJO CABALLEROS 11, LLC, a California Limited Liability Company DUPLICATE Check one: _Individual _Partnership _Corporation* r Company Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. ,// r r� By: id/44r� C `! - By: Signature (notarized) Signature (notarized) Name: Dennis L. Freeman Name: Title: Mlanaginq Member Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 Mailing Address: Alejo Caballeros Il, LLC 72880 Fred Waring Drive, Suite C-13 Palm Desert, CA 92260 (760) 773-9024 (760) 773-9065 (fax) 14 ALL-PURPOSE ACKNOWLEDGMENT State of CAPACITY CLAIMED BY County of t e� SIGNER On 1 to before me ate Name, Title of Officer ❑ INDIVIDUAL(S) personally appeared uS ❑CORPORATE NAME(S) OF SIGNER(S) OFFICER(S) personally known to me - OR — TITLE(S) V—proved to me on the basis of satisfactory evidence to be the ❑PARTNER(S) personsX. whose narnksToare subscribed to the within oATTORNEY-IN-FACT instrument and acknowledged to me that 1&she/they executed oTRUSTEE(S) the same in her/their authorized capacit)kie , and that by ❑SUBSCRIBING WITNESS &/her/their signature,W on the instrument the person{ or the ❑GUARDIAN/CONSERVATOR entity upon behalf of which the persons(a-'acted, executed the ❑OTHER instrument. Witne my hand and official seal. WRARASIVIIIN SIGNER IS REPRESENTING: Commission#1462160 Signature of Notary - Wary Public-CaVbnla Rtmido Comfy My Comm.Expim Jon 12,200E ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE OF DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 15 J ' EXHIBIT "A" TRACT MAP 33577 LEGAL DESCRIPTION Tract Map No. 33577, as recorded in Map Book 3� , Pages I through inclusive, records of Riverside County, California. 16 EXHIBIT "A" TRACT MAP 33577 LEGAL DESCRIPTION Tract Map No. 33577, as recorded in Map Book , Pages through inclusive, records of Riverside County, California. 16 1 1 EXHIBIT "B" TENTATIVE TRACT MAP 33577 CONDITIONS OF APPROVAL 17 Resolution No. 21368 Page 4 EXHIBIT A ' CONDITIONS OF APPROVAL TTM33577—TENTATIVE TRACT MAP ALEJO CABALLEROS II, LLC AVENIDA CABALLEROS JULY 20, 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. Any 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 claim, action, 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 TTM33577 — Tentative Tract Map and Case 3.2697-- Architectural Approval. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 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, wails, 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 Resolution No. 21368 Page 5 debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public frights of access and viewing. 5. 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, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The fee shall be collected by the Planning Services Department. 6. The Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District 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 the parcel in the district. 7. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning Commission. CC&R's 8. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") 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&R's shall be enforceable by the City, shall Resolution No. 21368 Page 6 I not be amended without City approval, shall require maintenance of all property in a , good condition and in accordance with all ordinances. 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $10,000, for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources 10.Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 11.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 Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning 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 shall 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 final 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 facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. a Resolution No. 21368 Page 7 •13, An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, 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 cut 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 buildings, down-lights 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 the one-way direction for vehicle traffic shall be included in the CC&R language, subject to the approval of the Director of Planning Services. 16. There shall be no guest parking in driveways of less than 20 feet in length and shall be included in the CC&R's, subject to the approval of the Director of Planning Services. 1 7'. 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 an 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 time may be granted by the Planning 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 8.50 of the Municipal Code for specific 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. Resolution No. 21368 Page 8 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. No exterior downspouts shall be permitted on any facade on the proposed building(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. 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 numbering lettering 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 rencing (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. Resolution No. 21368 Page 9 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 project 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 the 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 be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 42. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 43. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 44. Shading requirements 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 diameter/width. Resolution No. 21368 Page 10 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. i FIRE DEPARTMENT 50. Shall comply with all Fire Department codes and regulations. ENGINEERING DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 51. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 5:2. 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 any grading or building permits. 53. When public dedications of easements or rights-of-way over Tribal Allottee or Tribal Trust land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights-of-way are perpetual and have no term or duration; dedications of easements or rights-of-way restricted to a duration or term, or made in connection with an underlying Indian Lease, shall not be accepted. NORTH AVENIDA CABALLEROS 54. Construct a 6 inch curb and gutter, 42 feet west of centerline along the entire ' frontage in accordance with City of Palm Springs Standard Drawing No. 200. Resolution No. 21368 Page 11 55. Construct a 46 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 162 feet south of the north property line as shown on the approved site plan. The gated entry design, including widths of ingress and egress lanes, shall be subject to the review and approval by the Fire Marshall. Emergency access shall be provided to the Fire Department, 56. Construct an 8 feet wide sidewalk along the entire frontage. The construction shall be adjacent to the curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 57. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 213 58. Construct 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 frontage in accordance with City of Palm Springs Standard Drawing No. 110. 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. ON-SITE PRIVATE STREET 59. DELETED PER PLANNING COMMISSION (08JUN05): T"he-prepGsed-en=site private street nnrr$ IR f-n- ne-: e; 19 font . ifo e travel a) Tire nn M fry ria m+c stpee+ shall Gen-;_* n{ n rv.i..,m ... Oif feet wide fi.rv_..n {rdYel way—I- Wgiens f ._R,:a cage of tee-e -sk0-pr;:at, t.,s nns;ua ,g ,.-o4,hs-a.^.d +ter.. shall be provided to the satisfaction of tin Git, EiRgi yap=�., rr�.�.,�., .,, .,.., ..,..,....,,..r..�. ... .,r� ..� ..y�..,.e.. 60. Construct a minimum pavement section of 2%2 inches of asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R"values from the project site and submitted to the City Engineer for approval. 61. The on-site private street shall have a decorative entry, similar to the decorative entry constructed as part of the adjacent development, Tract Map 31266, subject to the review and approval by the Director of Planning Services. ' 62. Parking shall be prohibited along the private street except for designated parking areas. Resolution No. 21368 Page 12 SANITARY SEWER ' 63. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 64. Sewer plans for the on-site private sewer system shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards. A profile view of the on-site private sewer mains are not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral and not to an existing manhole or with a new manhole. Plans for sewers other than the private on-site sewer mains, i.e. 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. 65. 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 project. GRADING 615. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A 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 contractors Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact 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. Resolution No. 21368 Page 13 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. 67. Drainage swales shall be provided adjacent to all curbs to keep nuisance water from entering the adjacent streets. 68. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 34.6-7491) 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. 69. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (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. 70. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 71. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 72. The developer may conduct stormwater runoff off-site to Avenida Caballeros, provided the increased stormwater runoff due to the development is conveyed directly to the existing storm drain system. Provisions for the interception of nuisance water from entering Avenida Caballeros 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 adjacent to Avenida Caballeros, and in only a stormwater runoff condition, pass runoff directly to the street through parkway or under sidewalk drains. In the absence of improvements to directly convey stormwater runoff into the storm drain system, on-site retention of the increased stormwater runoff due to the development shall be required, subject to the review and approval of the City Engineer. { Resolution No. 21368 Page 14 73. MODIFIED PER PLANNING COMMISSION (08JUN05);Construction of a new ' catch basin inlet and storm drain connector pipe to the Tachevah Dam Outlet Drain shall require review and approval by Riverside County Flood Control and Water Conservation District (RCFC). The applicant shall provide a copy of the encroachment permit issued from RCFC for the catch basin and storm drain connector pipe prior to issuance of a—grading--permit an off-site street construction permit for Avenida Caballeros. 74. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 75. ,Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfiilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115, 76. All proposed utility lines shall be installed underground. 77. All existing utilities shall be shown on the grading/street plans. The existing and ' proposed service laterals shall be shown from the main line to the property line. 78. '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. I 79. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 80. 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. 81. 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. Y Resolution No. 21368 Page 15 MAP 82, 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. TRAFFIC 83. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the Avenida Caballeros frontage of the subject property. 84. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. S5 Install a street name sign at the intersection of the on-site private street and Avenida Caballeros in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Subject to the final site design, addressing, and discretion of staff with consultation with the Police Department. 86. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of the on-site private street and Avenida Caballeros in accordance with City of Palm Springs Standard Drawing Nos. 620- 625. Subject to the final site design, addressing, and discretion of staff with consultation with the Police Department. 87. 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. 88. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Bond No. CWS70298 Premium: $100.00 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 ALEJO CABALLEROS II, LLC, a California Limited Liability Company (hereinafter designated as 'Principal') have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated .�r)ril G4, �)rjv12 and identified as Tract Map No. 33577, is hereby referred to Ad made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and WESTERN 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 One Thousand Five Hundred and 001100 dollars ($1,500.00), 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. 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October 13th, , 2005. PRINCIPAL ALEJO CABALLEROS Il, LLC, A California Limited Liability Company Check one: _Individual _Partnership_ Corporation* rcompany "Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, au orized agents must sign this Agreement. By. By. Signature (notarized) Signature (notarized) Name: Dennis L. Freeman Name: Title: Managing Member Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) SURETY By; l fv��lES _ By: WESTERN INSURANCE COMPANY By: Caroline L.Brown (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) STATE OF CALIFORNIA ) rr ) ss. County H�of - t, P�P� On O//Lpra�2 17 7ZI6 before me, z dA� A c—+�'i Notary Public, personally appeared I/ Vcs L ersonally known to me proved to me on the basis of satisfactory evidence To be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. BAMARA SMIDT COmmissbn+► OMM11 I _ ^ NolpryPubllC-CclBomh OExpkRWeWde County i nature of Not Public OMyconun. esJon12. g Bond No. CWS70298 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. 'You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $1 00,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. ACKNOWLEDGMENT OF CORPORATE SURETY STATE OFNevada ) AA County of Clark ) On this 13th day of October 2005 , before me appeared Caroline L.Brovm to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the WESTERN INSURANCE COMPANY a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corpora- tion. S if `. rn\, , idJ fl1 PI)f3LIC C,y STATE OF N VADP My Commission EXpl�, �s z✓, � OourU of mark ✓M 4A al ..1�/� 'No fvtA�P! f�. P/�XSON {i 01-777-190G9-1 � nm;F,�pu,�menYe pirosnoy. l,PUOr Notary PIib11C August 1 , A 2006 _ Clark County, Nevada r WESTERN INSURANCE COMPANY f POWER OF ATTORNEY E KNOW ALL MEN BY THESE PRESENTS That WESTERN INSURANCE COMPANY, a corporation organized and existing under the t laws of the State at Nevada and having its principal office at the City of Reno,in the State of Nevada,does hereby constitute and appoint Caroline L.Brown of the.City of RENO,State of NEVADA its true and lawful Atforney(s)-in-Fact.,each in their separate capacity of more than one is named above,to sign its Wname as surety to,and to execute,seal and acknowledge any and all bands, undertakings, contracts and other written instruments in the nature theleof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing the gualantecmg bonds and undertakings required of permuted in any actions or proceedings allowed by law In Witness Whcieof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed With Its corporate seal_ duly attested by the signatures of its President and Secretary,this 5TH day of February,1994. 'k / /WESTERN INSURANCE CO�ANY tIl .SE AI (Signed) By / President .... (Signed) By _ � Iotz !f Secretary STATE OF,VE VADA) SS' "„" RENO ` On this 5TH day of FEBRUARY,1994,before me personally came VkK-L'ROTTMAN,IP.il siNlht of the WESTERN INSURANCE COMPANY and CAROL B.INGALLS,Secretary of said Company,with both of whom I am p irsonalliacquainted;4olliemg by me, really duly sworn,said,that they, the said DICK L ROTTMAN and CAROL B INGALLS were respectively the P,reauTochf,and the Serfet#cy of'the said WF Sf.�WSURANCE COMPANY,the corporation described in and which executed the foregoing Power of ALl erne}'=,t-last they each kneye The seal of said po%ppration;that the seal affixed to said Power of Attorney was t .such cw porate seal,that it was so affixed by order of'kig Board of D c uf�of said cor or tt r and th f.he si tied their names thereto b hke order as President P„ A,A,?+ G Y g Y and Secretary, respectively, of the Company r'{'s° � � My Commission da expires the 1GTH P Y in 0 CfY7g3EI(;1995. . ^ NOTARY PUBLIC I This Power of Attorney is granted under and by authority of the following Resolutions adopted by[tie Board of Directors of the WESTERN INSURANCE i COMPANY on February 4, 1994: RESOLVED,that in connection with lice fidelity and solely insurance business of the Company,all bonds,undertakings,contracts and other instruments I i relating to said business may be signed, executed,and acknowledged by persons or entities appointed as Attorney(s)-In-Fact pursuant to a Power of Attorney issued in accordance with these resolutions.Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chauman,so the President,or a Vice President,jointly with the Secretary, under their respective designations The signature f of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Atim'ney in to any certificate relating thereto appointing Attorney(s)-in-Factfor purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED,that Attorney(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case,subject to the terms and limitations of the Power of Attorney Issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undert anon,,and other writings obligatory in the nature thereof,and any such instrument executed by Such Attoiney(s)-m-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company I,CAROL B INGALLS,Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a tine excerpt from the Resolution of the said Company as adopted by its Board of Directors on February 4, 1994 and that this Resolution is in full force and effect L the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not.been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this ]3[fl day of October,2005 ,E n S A ,Secretary 04 BD ED (2-94) "ma » CITY OF PALM SPRINGS Bond No.: CWS70297 Premium:N1A LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and ALEJO CABALLEROS II, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 9* 2005, and identified as Tract Map No. 33577, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Hundred Sixty-Nine Thousand Three Hundred and 00/100 dollars ($269,300.00), 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 eniorcing 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 Tithe 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. STATE OF CALIFORNIA ) ss. County of ,*A, 4, ) Oi(L rl- )5 before me, Notary A � � , Notary Public, personally appeared us Cfgersonally known to me *Proved to me on the basis of satisfactory evidence To be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official sea]. COMMBARBAR A SMIDT M on aF 1462160 Notary Public-CoUtornla -iea LIP RNerskle County MVComm.Expires ion 12, S' nature of Notary P blic Labor & Materials Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October 13th, , 2005. PRINCIPAL ALEJO CABALLEROS II, LLC, A California Limited Liability Company Check one: _Individual _Partnership _ Corporation* d Company *Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By: LG� �i�— By: Signature (notarized) Signature (notarized) Name: Dennis L. Freeman Name: Title: Managing Member Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) SURETY By. By: WESTERN INSURANCE COMPANY By: Caroline L. Brown (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) Bond No. CWS70297 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $1 00,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will riot be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. ACKNOWLEDGMENT OF CORPORATE SURETY STATE OFNevada ) as County of Clark ) On this 13th day of October 2005 , before me appeared Caroline L.Brown to me personally known, who being by me duly sworn, did say that be is the aforesaid officer or attorney in fact of the WESTERN INSURANCE COMPANY a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corpora- tion. i i 1� ti A"-i-OWNIEVALA My Commission Expre 'r .o�n,�orcla�k 1� 1 NO ary Pnb11C August 1 , / 2006 Clark County, Nevada r' WESTERN INSURANCE COMPANY J POWER OF ATTORNEY j KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the.City of Reno,in the State of Nevada,does hereby constitute and appoint Caroline L.Brown 0 of the City of RENO,State cf NEVADA its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above.to shin its name as surety to, and to execute, seal end acknowledge any and all bonds, undertakings, contracts and other written instruments in the orator thmcof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts, and executing the guarundeing r bonds and undertakings required or permitted in any actions or proceedings allowed by Imv. 9 In Witness Whereof. the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly f attested by the sfgnatures of its President and Secretary,this 51 FI day of Fcbruary, 1994. i i WESTERN INSURANCE CON ANY IS By �LAL \\ President (Signed) BY --� -ram Secretary i STAFF OF]NEVADA) SS RENO On this 5TH day of FEBRUARY,1994,before me personally came,VtQlk E"ROTTMAN;,Preside."rit of the WESTERN INSURANCE COMPANY and CAROL B INGALLS,Secretary of said Company,with both of whom I am personally acgnamdedf y4b6lbeing by me,gyerdly duly sworn,said,that they,the said DICK L ROTPMAN and CAROL B INGALLS were respectively the Pkes(i#en't and the 3cctepol`,:of the said WMF.SH'R�"USURANCE COMPANY,the corporation described fin and which executed the foregoing Power of ALturpey,yL�txslrthey, eac�hikq,G�the seal of said eo 0tution;that the seal affixed to said Power of Attorney was I! .such corporate seal,that it was so affixed by order ofslh� oard of Etwq,'�_ ,of said corpmttgrt,a aNdthltsthey signed their names thereto by like order as President and Secretary, respectively, of the Company. `Al'. Lfy Commission expires the 16TH day in OC".TOBER, 1995,, p SV'i j{ I r F .a NOTARY PUBLIC 'Phis Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANY on February 4, 1994: RESOLVED,that in connection with the fidelity and surety Insurance business of the Company,all bonds,undertakings,contracts and other craft unards relating to said business may be signed,executed,and acknowledged by persons or rather;appointed as Attorney(s)-m-Fact pursuant to a Power of Attorney i� issued in accordance with these resolutions.Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf f the Company, either by the Chairman, or the President, or a Vice President„jointly with the Secretary, under their respective designations The signature of such officers maybe engraved,printed or lithographed.The signature of each of the foregoing officers and the seat of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney Ed-m-Fact for purposes only of executing and atteAWng bonds and undertakings V and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any hmnations set forth therein,any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached RESOLVED,that Attorney(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case.subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if sighed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,CAROL B.INGALLS,Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on February 4, 1994 and that.this Resolution is in full force and effect, I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and Iefl'ecl and has not been revoked. t In Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 13th day 01 October,2005 Secretary r i, 1994.9v` BD ED(2-94) Bond No.: CWS70297 Premium:N/A 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 ALEJO CABALLEROS ll, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated ggVi9 LG anpb , and identified as Tract Map No. 33577, is hereby referrea 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 WESTERN 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 Eighty Thousand Seven Hundred Ninety and 00/100 dollars ($80,790.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials 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 Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and Maintenance & Warranty Bond Page 2 performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable 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. (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 October 13th, 2005. PRINCIPAL ALEJO CABALLEROS II, LLC, A California Limited Liability Company Check one: _Individual _Partnership Corporation* d Company *Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. By: Al.�—� By: Signature (notarized) Signature (notarized) Name: Dennis L. Freeman Name: Title: Managing Member Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) SURETY BY By: WESTERN INSURANCE COMPANY By: Caroline L. Brown (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) a STATE OF CALIFORNIA ) County of�l.Uob •e j ss. OnG��IJY- l7 >M6 before me, �— , Notary Public, personally appeared �N Lxs l �� Vppersonally known to me proved to me on the basis of satisfactory evidence To be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. BARBARA SMID7 Commission#1462160 Notary PUM•CaRfomla Riverside County MyComm.EzpiresJon 12,20 S nature ofNota Public Bond No. CWS70297 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act'). No action is required on your part. This (Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $1 00,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF NEVADA ae County of Clark j On this 13th day of October 2005 , before me appeared Caroline L.Brown to me personally known, who being by me duly sworn, did say that he is the a oresaid officer or attorney in fact of the WESTERN INSURANCE COMPANY a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by; the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledge air�trrstzr1me311 to- e^=te free act and deed of said corpora- tion. Noi:.ny PUBLIC �z STAfE OF NEVADA xi^ % Counly of Clark N. PMON My Commission Ex pi�..!:' °CA'c'ry7i"..,°0�6naCtr .,.n ,.anrs n33).:;.cL (A: MAC Notary Public August 1 1 2006 Clark County, Nevada r WESTERN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That WESTERN INSURANCE COMPANY, a corporation organized and existing undei the ' laws of the Slate of Nevada and having its principal office at the City of Rcno,in the Stale of Nevada,does hereby constitute and appoint Caroline L.Brown of the City of RENO,State of NEVADA its true and lawful Altorncy(s)-in-Fact,each in their sepatale capacity ifmore than one is named above,to sign its name as surely to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other voiami instruments in the nature thereof oil behalf of the Company in its bus mess of guaranteeing the fidelity of poisons, guaranteeing the perlbrmancc of contracts, and execunne the guaranteeing bonds and undertakings required or permitted in any actions of proceedings allowed by law In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its cotpoion; seal, duly attested by the signatures of its President and Secretary,this STH day of February, 1994 WESTERN INSURANCE CONY rP� (Signed) By SEAL ' President � ,icsn� i° r / (Signed) By STATE OF NEVADA) (/ Secretary SS RENO On this 5TH day of FEBRUARY,1994,before me personally came DTVlifl..ROTfMA�J,U'rikyjRe`nt of the WESTERN INSURANCE COMPANY and CAROL B INGALLS,Secretary of said Company,with both of whom I am personally acquantedt talio`lbcing by me ycrally duly sworn,said,that they,the said DICK L.ROTTMAN and CAROL B.INGALLS were respectively the Pa'gstr7,ehf and the Serfetaiy��of-the said WESYhTi�7 NSURANCE COMPANY,the corporation described in and which executed the foregoing Power of Attorney, 'qAAgwi.they each Z4,tbe seal of said n ii ehiation;that the seal affixed to said Power of Attorney was such corporate seal,that it was so affixed by order ofl3ie'Board oC fi TpM bf said cur oudi64,and tha&they signed their names thereto by like order as President and Secretary, respectively, of the Company. My Commission expires the 16TIl day in 0 C7Y}BCR,"19951 q � NOTARY PUBLIC � nrvw i ]']its Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANY on February 4, 1994: RESOLVED,that in connection with the hdehty and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the naine and on behalf ' of the Company,either by the Chairman, or the President,or a Vice President„jointly with the Secretary, under their respective designations The signature of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-n-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any both ations set forth therem,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED,that Attorncy(s)-m-Fhet shall have the power and authority,unless subsequently revoked and,in any case,subject to the terms and limitations of the Power of Arcot tie.),issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and j undertakings, and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the j Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company I,CAROL B.INGALLS,Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on February 4, 1994 and that.this Resolution is in full force and effect. E1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that,the foregoing Power of Attorney is in full force and effect,and has not been revoked j In'Ibstimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this day of 13th October,2005 / i SEAL-� .Sectetaity BD ED( 94) �L Bond No.: CWS70297 CITY OF PALM SPRINGS Premium: $8,079.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and ALEJO CABALLEROS 11, LLC, a California Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated �irkl � ' 00o ZtVr and identified as Tract Map No. 33577, is hereby referred to a d 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 WESTERN INSURANCE COMPANY as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Five Hundred Thirty Eight Thousand Six Hundred and 00/100 dollars ($538,600.00) 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 October 13tb, 2005. PRINCIPAL ALEJO CABALLEROS II, LLC, A California Limited Liability Company Check one: _Individual ^Partnership_Corporation" d Company 'Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized agents must :sign this Agreement. By: � Il4all — By: Signature (notarized) Signature (notarized) Name: Dennis L. Freeman Name: Title: Managing Member Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) SURETY By: WESTERN INSURANCE COMPANY By: Caroline L. Brown (Surety Name) Attorney-in-Fact - (All Signatures Shall Be Notarized) P STATE OF CALIFORNIA ) ss. County of 1 �Je- ) On t;64162A7, 2.005 before me, iZfib./.ene ' µ tr— Notary Public, personally appeared L• 2�K .,�r�1 X.personally known to me k�rroved to me on the basis of satisfactory evidence To be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. BARBARA SMIDT _ Commission 8 1462160 Notary Public-CaBlornla J ei� Riverside County 0' My Comm.Expires Jan 12,2M8y '&4� ii�� gnature of Not4 Public Bond No. CWS70297 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $1 00,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. Bond No. CWS70297 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $1 00,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is ji0_00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. ACKNOWLEDGMENT OF CORPORATE SURETY STATE OFNevada ) se County of Clark ) On this 13th day of, October 2005 , before me appeared Caroline L.Brown to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the WESTERN INSURANCE COWANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corpora- tion. t� r STATE OF NEVADA t My Commission Expi Count of Clark � , r�• j No 0'd-9]^6'2-71 r ar �r. r'Axsorl - I-1 Notary Public August 1 2006 Clark County, Nevada Y Y WESTERN INSURANCE COMPANY , POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That WESTERN INSURANCE COMPANY, a corporation organized � I banized and existing under the laws of the State of Nevada and having its principal office aL the City of Reno,in the State of Nevada,does hereby constitute and appoint i f Caroline L.Brown i 1 of[be City,of RENO,State of NEVADA its true and lawful Atfmney(s)-in-Fact,each in their separate capacity if more than one is named above,to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature lherof o❑ behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing the guaranteeing bonds and undertakings required of peunilted in any actions or proceedings allowed by law. , In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be scaled with its corporate seal, duly' arrested by the signatures of its President and Secretary,this 5TH day of February, 1994 A /WESTERN INSURANCE GO hgANY (Signed) By // SEAL 994E -+: President (Signed) By Secretary � STATE OF NF.VAllA) SS: i RENO f On this 5TII day of FEBRUARY,1994,before me personally cam r � P Y C Q�x L'ROTPMANp kr@fidd"nt of thin WESTERN INSURANCE COMPANY and CAROL B INGALLS,Secretary of said Company,with both of whom I am pgxammally acquamtedl I,1n3Bo rig by mo severally duly sworn,said,that they, the said DICK L.RO'ITMAN and CAROL B.INGALLS were respectively the Rre&ident-and the Secrebii,yof'ihe said WESIfoll4ANSURANCE COMPANY,the corporation described in and which executed the foregoing Power of Attorneyµ t{iNt:they each kgep"t�tpC seal of said ecsj,,''C pilation; that the seal affixed to said Power of Attorney was such corporate seal,that it was so affixed by order oNi"e"Board of Dllr� M, 6fsaid corporvfll r�still thatithey signed their names thereto by like order as President and Secretary, respectively, of the Company. My Commission expires the 16TIl day in OGIY1_t3ER 199fi, I l a '~ NOTARY PUBLIC Q ) This Power of Attorney is granted under and by authority oL'the following Resolutions adapted by the Board of Directors of the WESTERN INSURANCE COMPANY on February 4, 1994: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed, executed,and acknowledged by persons or entities appointed as Attorncy(s)-m-Fact pursuant to a Power of Attorney issued in accordance with these resolutions Said Power(s)of Attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company,either by the Chau'man, or the President,of a Vice president,,jointly with the Secretary, under their respective designations.The signature of wch officers maybe engraved,punted or lithographed.The signature of each of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of AN,orney or to any certrticate relating thereto appointing Attm ney(s)-in-Rn t for purposes only of executing and attesting bonds and undertakings r and other writings obligatory m flip,nature thereof,and,unless subsequently revoked and subject to any Imitations set forth therein,any such Power of Attorney r or certificate bearing such facsimile.signature or facsimile seal shall be vald and binding upon the Company and any such power so executed and certrfied by j such facsimile salutation and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. 0 RESOLVED,that Attorney(s)-m-Factshall have the Power and authority,unless subsequently revoked and,in any case,subject to the terms and limitations of the Power of Attorney Issued to themn, to execute and deliver on behalf of the Company and to attach lire seal of the Company to any and all bonds and j undertakings,and other writings obligatory in the nature thereof, and any such instrument executed by such AL'wmey(s)-m-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company I,CAROL B.INGALLS,Secretary of the WESTERN INSURANCE,COMPANY,do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on February 4, 1994 and that this Resolution is in full force and effect. i I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney ism full force and Qeffect and has not been revoked t In Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this day of %' 13th October,2005 AL , Secretary BD Ell(2-911) s Jays Thompson From: Kathie Hart Sent: Monday, February 06, 2006 9:04 AM To: Jay Thompson Subject: RE: Alejo Caballeros II LLC - Subdivision Improvement Agreement The agreement states "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," In checking the ratings chart I was not able to find the rating "A-IX". el N � k Kathie Hart, CMC ChiefGepuiy Ciiy Clerk e City of Palm Springs e 3200 Tahquitz Canyon Vray Palm Springs, CA 92262 KathieeH@ ci.palm-sprinas.ca.us Office ('60) 323-8206 Fax (760) 322-8332 From: Jay Thompson Sent: February 04, 2006 4:20 PM To: Kathie Hart; Troy Butzlaff Subject: RE: Alejo Caballeros II LLC - Subdivision Improvement Agreement Kathie, does the contract state that the Bonds be with a company of A rating or better? Jay From: Kathie Hart Sent: Friday, February 03, 2006 4:39 PM To: Troy Butzlaff Cc: Jay Thompson Subject: Alejo Caballeros II LLC - Subdivision Improvement Agreement Troy: Our office is has received the subject agreement and bonds for processing. The bonds have been issued through Western Insurance Company, with an "A-" rating from A M Best. I have been told that our City requires a rating of"A" or better. Please advise if this is or is not acceptable. Thx! 2/6/2006 Bi*t's Rating Center- Search Results Page 1 Page 1 of 1 ry BeRat F .r. ' Y,F Iner j°i View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page 1 of 1 2 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with western insurance To refine your search, please use our Advanced Search or view our Online Help for more information. New sear 1western insurance i View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings } # Outlook/ � Outlook/ AMB# * Company Name " Rating Implication Long-Term Implication Short-Term Domicile 12055 Western Insurance Company A- Stable US. Nevadl (Property/Casualty-Insurance Company) 76569 Western Insurance Risk Ret Group, NR-1 Not US:Arizom Inc. Applicable (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0210312006 04:44 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating; * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet siren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,inciudin policyholders.View our entire notice for complete details. Customer Service I Product Super I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security_ I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. littp://www3.tnnbest.com/ratings/RatingsSearch.asp?AltSre=9 02/03/06