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HomeMy WebLinkAboutA5178 - PALM SPRINGS MODERN HOMES IV LLC TM 31940 SIA pQC # 2006-0108682 02/14/2006 08:00A Fee:NC RE IN .QUESTED BY; Page t of 34 OF PALM SPRINGS Recorded in Official Records County of Riverside Larry W. Ward L AND WHEN RECORDED MAIL TO: I Assessor, County Clerk & Recorder !IIIII IIIIIII IIII IIII IIIIIII IIII IIIIII III IIIII IIII(III Q�c City of Palm Springs II II Il P. O. Box 2743 Palm Springs, CA 92263 M $ U PAGE SIZE DA PCOR NOCOR SMF MSG. Attn: Office of the City Clerk A R L COPY LONG REFUND NCHG E%PM .� Filing fee EXEMPT per Government Code 6103 A5178 TP Subdivision Improvement Agreement Palm Springs Modern Homes IV, LLC Title of Document PS Modern Homes IV LLC Subdivision Improvement Agreement A5178 Res 21441, 10-19-05 THIS AREA FOR RECORDER ' S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) H'1USERSIC-CLKIRewrderURECORD.REQ.d. SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS MODERN HOMES IV, LLC I A CALIFORNIA LIMITED LIABILITY COMPANY I f I I I I III I IIIIII I IIII IIIIII I I IIIII IIIIII 1111 IN022�4 2©£f 64�©0F TABLE OF CONTENTS I 1. Construction Obligations......................................................................................1 1.1 Works of Improvement...............................................................................2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval .............................................................................2 I1.3 Intent of Plans ............................................................................................2 1.4 Survey Monuments ....................................................................................2 1.5 Performance of Work .................................................................................3 1.6 Changes in the Work..................................................................................3 1.7 Defective Work...........................................................................................3 1.8 No Warranty by City...................................................................................3 1.9 Authority of the City Engineer.....................................................................3 1.10 Documents Available at the Site ................................................................3 1.11 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 2.4 Continuous Work........................................................................................5 2.5 Reversion to Acreage.................................................................................5 2.6 Time of the Essence ..................................................................................6 3. Labor.....................................................................................................................6 3.1 Labor Standards.........................................................................................6 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 II II IIIII I IIII II I IIIIIII I II II III III IIIII IIII IIII ©A 3 £ 4 006 0E�02 00R 5. Cost of Construction and Provision of Inspection Service..................................................................................................................9 5.1 Subdivider Responsible for All Related Costs of Construction...............................................................................................9 5.2 Payment to City for Cost of Related Inspection and Engineering Services ........................................................................ 10 6. Acceptance of Offers of Dedication.....................................................................10 7. Warranty of Work................................................................................................ 10 8. Default ................................................................................................................ 10 8.1 Remedies Not Exclusive .......................................................................... 10 8.2 City Right to Perform Work....................................................................... 11 8.3 Attorney's Fees and Costs ....................................................................... 11 9. Indemnity............................................................................................................ 11 10 General Provisions.............................................................................................. 11 10.1 Successors and Assigns.......................................................................... 11 10.2 No Third Party Beneficiaries..................................................................... 11 10.3 Entire Agreement; Waivers and Amendments ......................................... 12 11. Corporate Authority............................................................................................. 12 2 IIIIII IIIII II I IIII I III IIII IIIIII a 111111111111 IIII 02 4F 49 ffJ 38g00R SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDI I ION IMPROVE ENT AGREEMENT (this "Agreement") is entered into this /_ day of �� 2005, by and between the CITY OF PALM SPRINGS, a municipal c poration of the State of California ("CITY"), and PALM SPRINGS MODERN HOMES IV, 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. 31940, 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 street and public utility purposes; dedication of abutters rights of access along Cortez Road, Zanjero Road, and Racquet Club Road to the public; easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "B" through "G", inclusive; an easement for emergency access purposes across a portion of Lot "J"; easements for public utility purposes, including sewers, shown as "5' PUE" along and adjacent to Lots "B" through "G", inclusive; easements for public utility purposes, including sewers over Lots"H" through "O"; and City desires to accept said dedication and certain other improvements as 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 public dedications and other improvements, as described in this Agreement, are a material consideration to City in approving the parcel 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 ��� 11111111111 IN 111111111111111111111111111111111 ©z, 5 of 4�aaR 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $934,300.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The 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). 2 IIII IIII IIII I I I I I II III III II c 14�zeof 34©Ea 6 0£ 6 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty bV City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 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 Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as 3 IIIII III I II IIII IIIIIII I I IIIII I IIIII IN IN 02 20©�0off 04 00R direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of 4 IN HIM 1111111111 III 111111111 IN ev 19 8©ff a34 ss©eR Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing 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 j time for commencement and completion of the Works of Improvement shall be I 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 j Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 5 I III II III II II I I I II I I IIII III I I INeen of 34 B0F 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state, labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' t Compensation Insurance as required by the Labor Code of the State of California and i 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 i onto the job site. I 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and :satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): 6 IIIIII IIIIIII IIII IIII IIIIII IIII IIIIII III III�II III IN a�20 oeea 4 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $934,300.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $467,150.00 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 $6,450.00 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 I City Council's acceptance of the Works of Improvement and recordation of a Notice of 't 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 $140,145.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. I 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 Vetter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by, a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 7 IIIII II II I I II I IIIIII I I 1111111111111111111111 ©2? �a 2 oof 4eeA Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (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, GOA IIIII 11111111111 IN 111111111111111111111111111111111 922©F3290oe 034 issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this,Section 4.5; I (ii) the Works of Improvement have been accepted; j (iii) Subdivider has delivered the,Maintenance and Warranty Security Instrument; j and I (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment.of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a 9 IIIIII II II I IIII IIII IIIIIII IIII IIIIII III IIIIII III IIII 6�2 4�6 13of 34 i i separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. I 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or fireplace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make :such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 10 IIIIII IIIII��IIII IIII'IIIIII�II1 IIIIII III IIIIII III IIII 02 2�4 0of 34 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 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 t 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 i successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. I I 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 I 11 I III II 11111111 III III 1111 III 111 HIM III III az Ra e0of 34 eA 5 of 34 Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate 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) i E E I i I 12 68�005-0108582 IIIII IIIIIII IIII IIII I I I I II IIIIII III IIIIII III INIS of 34 0R i I IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA /� James Thompson, City Clerk David H. Read , anager R/TANDARD FORM CITY ATTORNEY APPROVED AGREEMENT ECOMMENDED BY: APPROVE) BY Cirt COUNCIL luh 2 Al David Barakian, City Engineer SUBDIVIDER: PALM SPRINGS MODERN HOMES IV, LLC, a California Limited Liability Company By: KIDS CORP, a California Corporation, A Managing Member Check one: _Individual_Partnership L Corporation* _ Company *Note, for C,or'poratjons, two corporate officers must sign this Agreement, as indicated below; for,all others, authorized agents must sign this Agreement. 2 ,.Signature((notarized) Signature(notarized) Name: Dennis. Cunningham Name: Title: President Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) 13 II 1111111111111111 az 17 aK za of 400p Mailing Address: Palm Springs Modern Homes IV, LLC i PO Box 1587 Palm Springs, CA 92263 (760) 320-8773 (760) 320-8774 (fax) i I i I I 14 III IIIIIII I IN 1111111111111111111111111111111111111 02 29F6-006 SO:&ea 18 of 34 �� � AMEBIC LAW STATE OF CALIFORNIA }ss. COUNTY OF Riverside } I I On 9/13105 before me, Constance Gorsuch personally appeared Dennis A. Cunningham and Ernest 0. Vincent i personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/are r subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the persons) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my h d and icial seal. ///� Signature CONAANCE GORSUCH _ Commission 0 1357687 -r Notary Public -California • Riverside County My Comm.Eta esJunM 2M5 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 08 p111 1111 IN IIIIIII IIII pI 1111111111111111 682 62 ©©619 0of 34 0R 3008(1/94) (General) First American Title Insurance Company I I t EXHIBIT "A" j TRACT MAP 31940 LEGAL DESCRIPTION Tract Map No. 31940, as recorded in Map Book 3q2 , Pages 2$ through 32 inclusive, records of Riverside County, California. I i I I 1 I I I I I 16 EXHIBIT "B" TENTATIVE TRACT MAP 31940 CONDITIONS OF APPROVAL E I i I 17 I IIIIII IIIIIII IIII IIII IIIIIII IIII IIIII III IIIIIII II IN �0^2©of 34 OF t EXHIBIT A CITY OF PALM SPRINGS CONDITIONS OF APPROVAL Case No. 5.1020 PLANNED DEVELOPMENT 304 & TTM 31940 PALM SPRINGS MODERN HOMES IV, LLC NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD JANUARY 19, 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, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 'I. The proposed development of the premises shall conform to all applicable regulations of the Palrn 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 5.1020. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. IIIIIII IIIIIII IIII IIII IIIIIII1111 IIIIII III IIIIIII II IIII azr @ Paso 34 eR 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if 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 112% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located • on the project site, said location shall be reviewed and approved by the Director of j 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 rights of access and viewing. i .� 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. 6. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District 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. CC & R's 7. 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 not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. I�IIII�III�II III�Il�IIIII�I III I�II�I III{IIII�I�I I II 4,12006s23 oa GOA 0zr09 4 i 8. The applicant shall submit to the City of Palm Springs, a deposit for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. i I Cultural Resources i 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. A Native American Monitor shall be present during all ground-disturbing activities. I j 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 t and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Ague Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and ! Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design i 11. 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. '12. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. ! 111111111111111111111111111111111111111111111111111424 fa34aA i 13. Maximum building heights shall be limited to 23'-2" measured from the building pad elevations, as specified in Tentative Tract Map 31940. If pad elevations are subsequently raised, maximum building height measurements will be taken from the approved Tentative Track Map. 14. 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 Services prior to the issuance of building permits. Manufacturer's cut sheets of ting 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. 15. All roof mechanical equipment screening shall be painted to match the buildings they are • located on. I 16. Street trees and other trees and shrubs shall be densely planted along the Racquet Club Road frontage. They shall be included in the detailed landscape and sprinkler plan to be submitted to and approved by the Director of Planning Services or designee. 18. Additionally, the shade structures that cover the guest parking, adjacent to the retention basin, shall be softened with the addition of vines. 19. Resident only pedestrian access gates shall be included in the perimeter wall at the end of private streets "E" and "F". GENERAL CONDITIONS/CODE REQUIREMENTS 17. 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. 18. 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. 19. 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. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All awnings shall be maintained and periodically cleaned. 22. 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" z IN illlll 111111 ������� 1111 4�25 of 3 00R i ; above the equipment for the purpose of screening. Parapets shall be included in the I wed building height. 23, No exterior downspouts shall be permitted on any facade on the proposed building(s) le from adjacent streets or residential and commercial areas. 24. Perimeter walls shall be designed, installed and maintained in compliance with the I corner cutback requirements as required in Section 9302.00.D. 25. 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. 26. The street address numbering/lettering shall not exceed eight inches in height. I 27. 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 I 28. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. I 30. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. ' 31. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32. Prior to the issuance of building permits, locations of all telephone and electrical boxes ated 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. 33. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 34. 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. 35. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 36. 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. 37. Any parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 38. 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. 39. 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. I 40. 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. Waste Disposal 41. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 2. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). 3. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. Iillll�������Illf IN IIIIIII 1111111111 III 1111111 II 111102��4 27 of s Io08 24000 J 4. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323- 8186 for a KNOX application form. (902.4 CFC) 5. Vertical, Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 6. Entry Gates: Entry gates are required to be a minimum of 15 feet in width. 7 Road Design: Fire apparatus access roads shall be designed and constructed capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 8. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 9 Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 20 foot clear width. Red curb shall be I stenciled "NO PARKING' and "FIRE LANE" with white paint. (901.4 CFC) ENGINEERING DEPARTMENT t The Engineering Division recommends that if this application is approved, such approval is I subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of building permits. CORTEZ ROAD 3. Dedicate an additional right-of-way of 30 feet along the entire frontage of that portion of the property identified by Assessor's Parcel Numbers 504-140-005 and 504-140-006. 4. Remove and reconstruct the existing cross gutter, curb returns, and spandrels located at the intersection of Cortez Road and Zanjero Road as necessary to facilitate the relocated alignment of Zanjero Road. III II III IIII IIII I I I IIII IIIII III IIII II IIII 02�W4 2 eof 34 0R Y 5. Construct a 6 inch curb and gutter, 20 feet south of centerline along the entire frontage, with a 25 feet radius curb return and at the southwest corner of the intersection of Cortez Road and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct a 32 feet wide driveway approach for the main entrance in accordance with City of Palm Springs Standard Drawing No. 205. 7. Construct a 15 feet wide emergency access driveway approach located approximately 85 feet west of the northeast corner of the property in accordance with City of Palm Springs Standard Drawing No. 201. 8. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 9. Construct a Type C curb ramp on either side of the main entrance in accordance with City of Palm Springs Standard Drawing No. 214. 10. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire Cortez Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California j registered Geotechnical Engineer using "R" values frorn the project site and submitted to the City Engineer for approval. RACQUET CLUB ROAD I j 11. Easements shall be granted for any portions of the sidewalk that leave the public right-of-way. t 12. Remove and reconstruct the existing curb return, cross gutter and spandrel as necessary to I facilitate the relocated alignment of Zanjero Road. 13, Construct a 5 feet wide sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 14, Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Racquet Club Road and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 212. 15. .All broken or off grade street improvements shall be repaired or replaced. ZANJERO ROAD 16. Acquire an additional right-of-way of 20 feet across that certain 33 feet wide parcel of land identified as a Whitewater Mutual Water Company easement adjacent to the property as necessary to provide an ultimate right-of-way of 50 feet and to facilitate the relocated alignment of Zanjero Road. 17, Remove the existing curb, gutter, and spandrel located 5,feet west of the new street centerline and construct a 6 inch curb and gutter 15 feet west of centerline along the entire frontage, with a 1111 it 11111 II II III II II II II 9z z0�290oe 34 ©R 29 of z f 35 feet radius curb return and spandrel at the northwest corner of the intersection of Zanjero Road and E. Racquet Club Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 19. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire Zanjero Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. PRIVATE STREETS 20. Dedicate easements extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel, over the private streets. 21. Street "E" shall be constructed with a modified "knuckle" as necessary to provide adequate site distance at the 90 degree turn, as approved by the City Engineer, with details to be worked out between applicant and staff. I 22. Street "E" and Street"F" shall be realigned to intersect at a 90 degree angle. 23. Construct a wedge curb approved by the City Engineer, 12.5 feet on both sides of centerline along the entire frontage of the private streets. 24. Construct a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch 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. 25. The gated entry design shall be reviewed and approved by the City Engineer. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. Sufficient storage shall be required (50 feet minimum)for vehicles entering the gated project, and a turn-around maneuvering area shall be provided for vehicles unable to enter the project. Final design shall also be subject to review and approval by the City Engineer. SANITARY SEWER 26. Submit sewer improvement plans prepared by a California registered Civil Engineer to the Engineering Department. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 27. Construct an 8 inch sewer main within the on-site private streets and connect to the existing sewer main located in Zanjero Road. Existing sewer laterals to the parcels from Cortez Road IIIII III I I 1111 HIM 1111111111111 IN111111111 02/14/2 200630-6o00s 4 shall be plugged and abandoned. All sewer mains constructed by the developer and to become part of the public sewer system shall be televised by the developer prior to acceptance of the sewer system for maintenance by the City of Palm Springs. GRADING 28. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The 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 j by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering publicly utilized streets, roadways, or gutters. i 30. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 31. 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. 32. 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. IIIIII IIIIIII IIII IIII IIIIIII IIII 111111111 IIII 11111 IIII 02�r4A 1 o 08 400R 33. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 34. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Tract Map No. 31940, prepared by MSA Consulting, Inc., dated June 30, 2004 (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. I 35. The project is subject to flood control and drainage implementation fees. The acreage drainage i fee at the present time is $6,511 per acre per Resolution No. 15189, Fees shall be paid prior to issuance of a building permit. GENERAL 36. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 37. All proposed utility lines shall be installed underground. 38. 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. 39. 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. 40. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project i II IIIIIII II IIII I IIII II II II III IIII IN as�9©5 34 32 0£ 34 to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utilities across the south property lines of the properties identified by Assessor's Parcel Numbers 504-140-005 and 504-140-006 meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. I The applicant is to provide sufficient information to the Engineering Department in order for staff I to verify whether the existing utility poles are on or adjacent to the applicant's property. 41. 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. 42. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 43, All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 44. 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. 45. In accordance with Section 66434 (g) of the Government Code, the existing 30 feet of right-of- way for the west half of Zanjero Road dedicated to the City through a grant of right-of-way, recorded as Document No. 9639 on January 15, 1979, may be abandoned upon the filing of a Final Map identifying the abandonment of the portion of right-of-way for Zanjero Road granted to 1111 IN IIIIIII 1111 II III III 111111111 IN 02 0©6 ei©e 3 GQR 4 the City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the portion of Zanjero Road right-of- way from each public utility agency. The acquisition of 20 feet of right-of-way for Zanjero Road across the easterly portion of that certain 33 feet wide parcel of land identified as a Whitewater Mutual Water Company easement adjacent to the property shall be obtained prior to approval of a Final Map and abandonment of the existing right-of-way for Zanjero Road. 46. In the event it is determined that a public utility or public agency requires the use of, now or in the future, the subject portion of Zanjero Road right-of-way proposed for abandonment, a Final Map will not be approved and the proposed development will require reconfiguration, redesign, and resubmittal, including processing of an amended Tentative Tract Map through the Department of Planning Services, as required by the Director of Planning Services. TRAFFIC 47. A minimum of 48 inches of sidewalk clearance shall be provided around all above-ground facilities for handicap accessibility. I j 48. Street name signs shall be required at each intersection, as required by the City Engineer, in I accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. I 49. A 24 inch stop sign with standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the main entrance and Cortez Road. 50. A 24 inch stop sign with standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 on Cortez Road at Zanjero Road. 51. 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. 52. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a22906-0of' OOA 4 a£ 34 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES IV, 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 9-/3- , 2005, and identified as Tract Map No. 31940, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Lincoln General Insurance Compaag Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Nine Hundred Thirty Four Thousand Three Hundred and 00/100 dollars ($934.300.00) 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 jand 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, j 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 I 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; l otherwise it shall be and remain in full'force and effect. I 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 inst ument has been duly executed by the Principal ,and Surety above named, on 2005. PRINCIPAL PALM SPRINGS MODERN HOMES IV, LLC, A California Limited Liability Company By: By 5 KDS Corp, A California Corporation, Its Managing Member Check one: _Individual _Partnership d Corporation* _ Company *Note, for Corporations,-two corporate officers must sign this document, as indicated below; for all others, authorized agents must sign this Agreement. ISignature'(rpot'arized) Signature (notarized) Name: Dennis'A. Cunningham Name: Title: President Title: / s= _� 7s,7✓'YT /r; rc{iF'r. < " (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 j the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) SURETY By: ,t 9 Cob,61P.a a , � <p�S��L xLEr �,,,b� By: (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Deborah E. Williams its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollar's($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of I said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4"day of September,2002. RESOLVED that the President, an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if it manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IIN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be rxed, these presents to be signed by its duly authorized officers this 4th day 2& mhfify 2002. Attest: S� 'o�poRQrE •2n Gary 7. do Se taryhojwani,.Presid t jThe Commonwealth of Pennsylvania �j:• .- 177P .O' . York County o �rl. �\ '�- • . li7 •, NSYLVP :aJ On this 4th day of September,2002, before mdzonally�camt�C.Bhojwani, to me known, who being duly sworn, did depose and say: that he is the President of the Corppftr ;g 00Q in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notanal seat The Commonwealth of Pennsylvania Catherine Mane Loose,Notary ' . 3 • York County Spnngeasbury 7wp.,Ycrk C My Commission Expires dune 1 Notary Pubh 1, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hercumto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 1_day of t 2ao� wutnryai INS( ��� QpoRATES .C� 7. do ,Secretary =z: 1977 :n= X. o ray �t11C0{J1 Genera( Phmu 717-757.04017 FAX # 717-781.0166 `v(�`'f✓� 3350 whirdwRd,Pa Box 3709, York,PA 17402,0136 Bond No. 661114916 TERRORISM RIDER NOTICE— FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula i established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company I providing this bond. The portion of your annual premium i attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 >•eqk 0 } STATE OF CALIFORNIA }ss. COUNTY OF Riverside } On 9/13/05 before me, Constance Gorsuch personally appeared Dennis A. Cunningham and Ernest 0. Vincent personally known to me I I (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the i person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I WITNESS my h d and official seal. Signature I � CONSTANCE GORSUCN Commission 8 1357687 j •Yrµ.. Notary Public - Cal la _ Ri ltle County MyComm.E14�ires"A 20,2006 (This area for official notarial seal) Title of Documenti/yt--2� — Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company STATE OF: Arizona COUNTY OF:Maricopa The foregoing instrument was acknowledged before me this September 13, 2005 by Deborah E. Williams as attorney in Fact on behalf of Lincoln General Insurance Company. l y� Notary Public 7 N(7Tn, v raUGLiG-, to of Astma�l MrFa!f;ara�oounnv J dLs My Corm.cntras OCL 9,2005 Y I i 6cn,8 61, CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES IV, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install nd complete certain designated public improvements, which said agreement, dated ,13 , 2005, and identified as Tract Map No. 31940, 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 Four Hundred SixtV-Seven Thousand One Hundred Fifty and 00/100 dollars ($467 150.00), 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 ienforcing 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. i It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Labor & Materials Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on ('I 1 12005. PRINCIPAL PALM SPRINGS MODERN HOMES IV, LLC, A California Limited Liability Company By: By 5 KIDS Corp, A California Corporation, Its Managing Member Check one: _Individual _Partnership d Corporation* _Company *Note, for Corporations, two corporate officers must sign this document, as indicated below; for all others, authorized,agents must sign this Agreement. moo, Si'gnatare Friot4fze Signature (notarized) Name: Dennis A:`Cunningham Name: �1r' j Title: President Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) I SURETY By: (aJaeC2,, 0 Q��d By- (Surety (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Deborah E. Williams its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three MiRion Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of i said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 40'day of September,2002. ]RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the (Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as t .Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. I IRESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying I the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. i i IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be a ixedjan Athese presents to j be signed by its duly authorized officers this 4th day,r eptottl}l 2002. �V INS(J�!ii,�� i `max�4'•' Attest: Z; QgORATES '2C1 Gary J. ,do Se 3(.9, Ss: hojwani,Presid k � 'the Commonwealth of Pennsylvania i >z:.•, A _ P i� i York County �t) �NNSYLVP�� b a On this 4th day of September,2002, before in?"Al Oil;I carn C. Bhojwani,tome known, who being duly swam, did depose and say:that he is the President of the Corp�YM9ggryjgnMllf�d in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial seat The Commonwealth of PennsylvaniaFCa:Z,, ne Ma a Loose,Notary York County Sprngettsbury Twp.,York C commisston Expires Junet Notary Publr AQ I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a fall,true and correct copy of Power of Attorney'issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this dayof �e,��o 4� 22owuupugr _- Z�' eRATF �y'' l� J. do ,Secretary Z. 1977 :n= A i0 P 1`Cip ~ r Phonc 737-757 FAX 0 717 751-0165 _�It.�I[r nce-'"p___7 3350Whi MdR4,F.0-AM37N, YKP,A17402-0136 Bond No. 661114916 TERRORISM RIDER NOTICE— FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS i I Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 �o j STATE OF CALIFORNIA }ss. COUNTY OF Riverside } I I I � On 9/13/05 , before me, Constance Gorsuch i ' personally appeared Dennis A. Cunningham and Ernest 0. Vincent personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in this/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Mand official seal. Signature LCONSTANCE GORSUCH Commission i 1357687 9Notary Public - CaliforniaRiverside County My Comm.Exoiresjun m 2oo6 (This area for official notarial seal) Title of Documen �"�r � Date of Document 9/3 --d s No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company STATE OF: Arizona COUNTY OF:Maricopa The foregoing instrument was acknowledged before me this September 13, 2005 by Deborah E. Williams as attorney in Fact on behalf of Lincoln General Insurance Company. "1 By: �Cl,���' Notary Pub11f �1 43t1 6Cr9h9R r}�"! " Q NI;1'f AGi4 F'it7l,IC.EStSta of vynn3 I�i\` iFl fJIIR111f,UI�F�CRIUMY li, ✓ CulyCnrnm.� ira QcR_3. G(15: I i i i i i i i 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 PALM SPRINGS MODERN HOMES IV, LLC, a California Limited Liability Company (hereinafter designated as "Principal') have entered into an agreement whereby Princ al agrees to set certain survey monuments, which said agreement, dated V/3 , 2005, and identified as Tract Map No. 31940, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and Lincoln General Insurance Compares 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 Six Thousand Four Hundred Fifty and 00/100 dollars ($6,450.00), 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 j 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 , 2005. PRINCIPAL PALM SPRINGS MODERN HOMES IV, LLC, A California Limited Liability Company I By: By 5 KIDS Corp, A California Corporation, Its Managing Member Check one: _Individual _Partnerships Corporation* _ Company I *Note, for Corporations, two,corporate officers must sign this document, as indicated below; for all others, au�t4ozed agents must-sign this Agreem�enp �./ ""I / 11 /, r , Signature=(pofarized)r' Signature (notarized)• Name:`Denni A„Cunningham Name:,:.== Title: President Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) SURETY By: By: (Surety Name) Attorney-in-Fact LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Deborah E. Williams its true and lawful attorney(s)-in-fact to sign, seal and execute for and an its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of i said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 44 day of September,2002. RESOLVED that the President, an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be rxed, these presents to be signed by its duly authorized officers this 4th dayyaepla 2002. lNSjj Attest. ? ' g1)RA76s '•�`Cy _ . GaryJ. do Se ;cj. 01 — ;Cn's_ hojwarri,Presid t The Commonwealth of Pennsylvania j b 1977 :0 P' York County ZO0'•,`c4NSYLVP�� rob On this 4th day of September, 2002,before mew",(o nal1�cam `C. Bhojwany to me known, who being duly swum, did I depose and say:that he is the President of the CorpPMSgg in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and i , deed. Notarial Seal 'The Commonwealth of PennsylvaniaFCaMee Mana Loose,Notary l ' York County ensa 0' oo, YorkC /'" ..-mission Expires June 1 Notary Pubh I, Gary Onadorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this dayof �2 W 280s' uuutuH `\pO G INSU ``%�i�•..... . / `ypORATFsdo ,Secretary Z 1977 ;off i O: 4k, YL S V 'ate .�i: Gew Phmu 717-7337-0000 FAX ! 717-751.0165 335o wword Rax a.Brix 370g, York PA v402- m Bond No. 661114917 TERRORISM RIDER NOTICE— FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM I I Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS I Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified i terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage i for any loss that would otherwise be excluded by the terms of this bond. I t i i I SU 0009 12 02 I I I I AID E } STATE OF CALIFORNIA }ss. COUNTY OF Riverside } On 9/13/05 before me, Constance Gorsuch Dennis A. Cunningham and Ernest 0. Vincent personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. i i WO I NESS my nd and official seal. ' Signature CONSTANCE GORSUCH Commission Al 1357687 Notary Public -California _ Riverside County MYCwrrn.E>q ;,jun20,20D6 (This area for official notarial seal) Title of Document d i Date of Document �' �.3 �d S No. of Pages Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company STATE OF: Arizona COUNTY OF:Maricopa The foregoing instrument was acknowledged before me this September 13, 2005 by Deborah E. Williams as attorney in Fact on behalf of Lincoln General Insurance Company. 1 By Notd-Ty'Public NC1'iflY I�UflluiC; 3tsta nt a '�' MAI.IGOf�R COUN1Y `�,._,� I�fly Camn i,icxpires Cier.J,2005 I I I i I I E G 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 PALM SPRINGS MODERN HOMES IV, 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 g—i3 , 2005, and identified as Tract Map No. 31940, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, andLincoln General Insurance Compaq}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 One Hundred Forty Thousand One Hundred Forty Five 00/100 dollars ($140.145.00), 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. I i i I (Signatures on Next Page) I i i I i Maintenance &Warranty Bond Page 3 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal ,and Surety above named, on 6' S 12005. PRINCIPAL PALM SPRINGS MODERN HOMES IV, LLC, A California Limited Liability Company By: By 5 KDS Corp, A California Corporation, Its Managing Member Check one: _Individual _Partnership r Corporation* _ Company Note, for Corporations, two-corporate officers must sign this document, as indicated below; for all others, authdrized.agents must sign this Agreement. Signai4r&(rpotar- 6d)� Signature (notarized) Name: Dennis A..-Cunningham Name: : —V r7- r. �✓ "a�� -�f "r Title: President Title: (For Corporations, this document must For Corporations, this document must be be signed in the above space by one of signed in the above space by one of the the following: Chairman of the Board, following: Secretary, Chief Financial President or any Vice President) Officer or any Assistant Treasurer) SURETY r ,Fr �! �• 13y: ��� tptw d,"�,,.��� .��-�Sa,a�.�-:a:, ��vv�a',)��� By: (Surety Name) Attorney-in-Fact - (All Signatures Shall Be Notarized) LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincohr General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and amwint: Deborah E. Williams its true and lawful attorney(s)-in4act to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Malian Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed, RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 40'day of September,2002. RESOLVED that the President, an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as 'i Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making die appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal I of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile If representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. I IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be a txed, these presents to be signed by its duly authorized officers this 4th day`Pxiatum%2002. INS(f�p�ri�i4f fAttest: Z� ORATES '•d'�j GaryuC itr hojwatri,Presid t =Z: Qa The Commonwealth of Pennsylvania = J . a 1977 :o York County a0' FN ��P NSYON :ab On this 4th day of September,2002, before onallcatn C.Bhojwani,to me known,who being duly sworn, did depose and say:that he is the President of the Co in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania Catherine Marta Loose,Notery4wo3k=t= - York CountySpnngeashury Twp„Ycrk C MY Commissicn Expirrs Juno 1 Notary Pubh 1, Gary Omdorff, Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and .furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now In force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 13ti day of S�a —�— _ `po��tccuu'tlt�Iltnntr `��� V S(/ a'2. owtrE Secretary _ = Z G�1977o o�. FNNsnvNa :a a ()[T4 i�Gf7.,<L /r., \ Phmu- 717-757-M FAX ! 717-751-0165 Asurm -TOmpL.....�..,,.� <VJ^(►✓'�/} 3350ftit*?dR&XO.Bau3709, Yuri PA 17402-0136 Bond No. 661114916 TERRORISM RIDER NOTICE— FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United j States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 r} n 0 } STATE OF CALIFORNIA }ss. COUNTY OF Riverside } I I On 9/13/05 before me, Constance Gorsuch Dennis A. Cunningham and Ernest 0_ Vincent personally appeared I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are jsubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. i WITNESS my And and official seal. Signature �CCOTMSTM;tls'Cll GOR50CH M 1357687 c - Califomta River�Ee�*ecsjuu'n oty 20,2006MyComm (This area for official notarial seal) � y q Title of Document �l �( � �///tJ s Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company i i STATE OF: Arizona COUNTY OF:Maricopa I I The foregoing instrument was acluiowledged before me this September 13, 2005 by Deborah E. Williams as attorney in Fact on behalf of Lincoln General Insurance Company. By:( Notary lsublic 1 A��`��,m c Nay('aOit m. AL4j S b MEMORANDUM TO: Marcus Fuller, Asst. City Engineer Engineering FROM: Kathie Hart Chief Deputy City Clerk DATE: March 6, 2006 SUBJECT: Palm Springs Modern Homes IV, LLC - A5178 Subdivision Improvement Agreement cc: File Attached are copies of the above referenced agreement and bonds for your files and I distribution. We have kept the original recorded copy for our records. I Please feel free to contact our office if there are any concerns. I /kdh Attachment I