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HomeMy WebLinkAbout05105 - SUBDIVISION IMPROVEMENT AGR THE ENCLAVE AT SUNRISE LLC TM32160 �F ,!?A Lij sA f D� � '' 4 �' City of Palm Springs 1 1 Department of Public Works and Engineering 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 TeL (760)323-8253 • Fax: (760)322-8360 • Web:www.paimspringsca.gov /FORS Fr August 30, 2012 AR-Ins, Inca DBA Armstrong/Robitaille/Riegle Business and Insurance Solutions Contractors 2127 West Orangewood Ave., Suite 100 Orange, CA 92868 Attn: Natalie Myrick Re: Tract Map 32160 (The Enclave at Sunrise, LLC) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and The Enclave at Sunrise, LLC related to Tract Map 32160, have been fully satisfied. The Maintenance/Warranty Bond can be released because the one-year maintenance period has concluded as of August 30, 2012 and the work has been accepted by the City in its entirety. The Maintenance/Warranty Bond ($76,950.00) can be released at this time. All subdivision securities required by the Subdivision Improvement agreement have now been released: • Maintenance/Warranty Bond; Included in Performance Bond; $0.00 The sewer system was repaired as needed by the developer, the sewer was accepted for maintenance by the City, and Houston & Harris PCS, Inc. (the contractor that did the sewer repair work) has submitted an Unconditional Waiver& Release Upon Final Payment. • Labor& Materials Bond; Included in Performance Bond; $0.00 • Faithful Performance Bond; Bond No. 241429; $0.00 • Monumentation Bond; Bond No. 241428; $0.00 If you have any questions, 1 can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate cc: Carter McLerand via email,Natalie Myrick via email,James Thompson,City Clerk, TM32160 file Post Office Box 2743 • Palm Springs, California 92263-2743 � �QpLM SA9 �Z C c V N . . '� eS • corouco` ; C4</FORe`P City/ Council Staff Report Date: January 18, 2012 CONSENT CALENDAR Subject: APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY A part of the City's approval of a final subdivision map is the concurrent approval of a subdivision improvement agreement between the City and developer. The agreement secures the costs of on-site and off-site public improvements, and provides a 2-year period to complete the improvements. Given the current state of the economy, many projects remain incomplete and it is necessary to extend the subdivision improvement agreements to ensure the City retains an ability to pursue the securities in the event a developer defaults. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS." STAFF ANALYSIS: Subdivision improvement agreements are approved as part of the City Council's approval of a final map for subdivision of property for residential or commercial purposes. The agreement between the City and Subdivider obligates the Subdivider to construct all the necessary public improvements, which are secured with bonds or other suitable security to ensure the improvements are constructed and laborers and suppliers are paid. The City retains the ability to call the securities in the event public improvements are not completed and the Subdivider has defaulted on the property. As the national economic recession continues to impact the real estate market, many residential projects have stopped construction and are on indefinite hold until the market improves. Terms of the subdivision improvement agreement require that the Subdivider complete the subdivision improvements within a certain time frame (generally two years ITEM NO. _Q 1 --- City Council Staff Report • • January 18, 2012 - Page 2 Time Extension of Various Subdivision Agreements from the City's approval of the improvement plans). As the real estate market continues to be impacted by the on-going economic recession, it is staffs recommendation that the City Council acknowledge that factors beyond the Subdivider's control have delayed completion of the projects, and requires an additional time extension to various subdivision improvement agreements. In 2009, 2010, and 2011 the City Council previously approved en masse a one-year time extension to various subdivision improvement agreements. Given the continued economic recession, staff recommends that the City Council proactively extend the following subdivision improvement agreements, as follows: Tract Map 30050 "Alta", extended to February 3, 2013 Tract Map 31263, "The Towers", extended to February 3, 2013 Tract Map 32160 "Enclave', extended to February 18, 2013 Tract Map 30046 "Monte Sereno", extended to March 18, 2013 Tract Maps 32233-1, -2, -3 & -4 "Escena", extended to April 2, 2013 Tract Map 32675 "Alexander Country Club Estates", extended to April 2, 2013 Tract Map 33561 "Palermo", extended to April 2, 2013 Tract Map 33162 "Pedregal", extended to April 4, 2013 Tract Map 31848-1 "Avalon", extended to May 4, 2013 Tract Map 32732 "Oceo", extended to May 20, 2013 Tract Map 33933 "Murano', extended to May 24, 2013 Tract Map 28966 "Preserve Estates", extended to June 18, 2013 Tract Map 31514 "Luminaire", extended to June 18, 2013 Tract Map 31525 "Four Seasons III, extended to June 18, 2013 Tract Map 33161 "Vista San Jacinto", extended to August 9, 2013 It should be noted that in most cases a majority of the subdivision improvements have been completed, but certain on-site improvements remain incomplete. For example, many of these subdivisions have installed base-paving (the first 2 inches of asphalt concrete pavement), but have not yet installed the final "cap" (the last 1 inch of asphalt concrete pavement). Delaying the final "cap" on the streets prevents the streets from being damaged during construction of the houses, and is often delayed until the very end of construction. Delaying the final "cap" also prevents the final adjustment of sewer manholes and water valves to grade, which prevents the City and DWA from granting final acceptance of those utilities. Of the subdivisions listed above, the following are projects that have not completed a majority of the on-site or off-site improvements: Tract Map 33561 "Palermo" (the second phase of the development has not been constructed, all off-site improvements are completed); Tract Map 33162 "Pedregal" (the site has been graded and the on-site sewer extension has been completed, but most on-site improvements are incomplete, and no off-site improvements have been completed); 02 City Council Staff Report • • January 18, 2012- Page 3 Time Extension of Various Subdivision Agreements Tract Map 33933 "Murano" (the site has been graded and two of the four on-site private streets have been completed, but construction of the last two on-site private streets has not started); Tract Map 33161 "Vista San Jacinto" (the on-site improvements remain incomplete); Staff will continue to coordinate with each Subdivider, and in some cases the property has defaulted to the lender, requiring staff to coordinate with a new developer or the bank on completion of remaining improvements. The City Council's formal approval of a time extension to the Subdivision Improvement Agreements establishes a public record of the action, and ensures that the surety companies continue to acknowledge the validity of the agreement and the City's ability to use the securities in the event of a Subdivider's default of the Agreement. FISCAL IMPACT: None. SUBMITTED: Prepared by: Recommended by: /AAA Ad Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Thomas J. Wils , Asst. City Manager David H. Ready, Ci ATTACHMENTS: 1. Resolution 03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS WHEREAS, the City Council has approved various subdivisions for development projects throughout the City; and WHEREAS, included with the City Council's approval of each subdivision is approval of a Subdivision Improvement Agreement between the City and Subdivider identifying certain obligations of the Subdivider, including an obligation to complete subdivision improvements within two years of commencement of work; and WHEREAS, the current economic recession has significantly impacted the real estate market; and WHEREAS, a number of residential subdivisions throughout the City are in various stages of completion, and have been placed on an indefinite hold by the Subdivider until the real estate market improves; and WHEREAS, it is necessary to grant a time extension to various subdivision improvement agreements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: The City Council hereby approves time extensions to the following Subdivision Improvement Agreements, as follows: Agreement No. 4814, Tract Map 28966, extended to June 18, 2013 Agreement No. 4955, Tract Map 30050, extended to February 3, 2013 Agreement No. 5086, Tract Map 32233-1, extended to April 2, 2013 Agreement No. 5087, Tract Map 32233-2, extended to April 2, 2013 Agreement No. 5088, Tract Map 32233-3, extended to April 2, 2013 Agreement No. 5089, Tract Map 32233-4, extended to April 2, 2013 Agreement No. 5100, Tract Map 31263, extended to February 3, 2013 Agreement No. 5105, Tract Map 32160, extended to February 18, 2013 Agreement No. 5131, Tract Map 30046, extended to March 18, 2013 Agreement No. 5155, Tract Map 31514, extended to June 18, 2013 Agreement No. 5246, Tract Map 33561, extended to April 2, 2013 Agreement No. 5276, Tract Map 32675, extended to April 2, 2013 Agreement No. 5324, Tract Map 33933, extended to May 24, 2013 Agreement No. 5393, Tract Map 31848-1, extended to May 4, 2013 04 Resolution No. • • Page 2 Agreement No. 5426, Tract Map 32732, extended to May 20, 2013 Agreement No. 5436, Tract Map 33161, extended to August 9, 2013 Agreement No. 5439, Tract Map 31525, extended to June 18, 2013 Agreement No. 5516, Tract Map 33162, extended to April 4, 2013 ADOPTED THIS 18th day of January, 2012. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on January 18, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 05 IN pALltq g T .` W P , 4yp :of Palm Springs Oi I DEC 19 AM 'De�rtment of Public Works and Engineering J "1 h L S I R C P'i 0�V-Tahquitz Canyon Way • Palm Springs,California 92262 IF 0 RN C � F ` `P CIT Y Qf1ER�) 323-8253 • Fax: (760) 322-8360 • Web:www.palmspringsca.gov q� December 14, 2011 N6100 AR-Ins, Inc. DBA Armstrong/Robitaille/Riegle Business and Insurance Solutions Contractors 2127 West Orangewood Ave., Suite 100 Orange, CA 92868 Attn: Natalie Myrick Re: Tract Map 32160 (The Enclave at Sunrise, LLC) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and The Enclave at Sunrise, LLC related to Tract Map 32160, have been partially satisfied. The sewer system has been repaired as needed by the developer, the sewer is being accepted for maintenance by the City, and Houston & Harris PCS, Inc. (the contractor that did the sewer repair work) has submitted an Unconditional Waiver& Release Upon Final Payment. The remainder of the Labor/Materials Bond ($19,225.00) that was being held by the City can be released at this time: • Labor& Materials Bond; Included in Performance Bond; $0.00 The Maintenance/Warranty Bond can not be released until one year after the acceptance of the work in its entirety by the City (which was August 30, 2011). The Maintenance/Warranty Bond will be eligible for release on August 30, 2012. The following subdivision securities required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Faithful Performance Bond; Bond No. 241429; $0.00 • Maintenance/Warranty Bond; Included in Performance Bond; $76,950.00 • Monumentation Bond; Bond No. 241428; $0.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, evt-'w jzM� Carol Templeton Engineering Associate cc. Carter McLarand we email:Natalie Myrick via email,James ThomWn,City Clerk, TM32160 file Post Office Box 2743 0 Palm Springs, California 92263-2743 O, A. City of Palm Springs V ,/R Department of Public Works and Engineering ORpIEO 3200 E.Tahquirz Canyon Way • Palm Springs,California 92262 R14%P Tel:(760) 323-8253 • Fax:(760) 322-8360 • Web: www.palmspringsca.gov q��FO A 5105 August 31, 2011 AR-Ins, Inc. DBA Armstrong/Robitaille/Riegle Business and Insurance Solutions Contractors 2127 West Orangewood Ave., Suite 100 Orange, CA 92868 Attn: Natalie Myrick Re: Tract Map 32160 (The Enclave at Sunrise, LLC) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and The Enclave at Sunrise, LLC related to Tract Map 32160, have been partially satisfied. The sewer system has been repaired as needed by the developer and the sewer is being accepted for maintenance by the City. The 10% of the sewer bond in the Faithful Performance Bond ($38,450.00)that was being held by the City is being released: • Faithful Performance Bond; Bond No. 241429; $0.00 The Labor/Materials Bond can not be released until the City is receipt of copies of recorded Notice(s) of completion, if any, with an updated Title Report for the entire property dated at least 60 days after the recorded Notices) of Completion, if any, OR 90 days after acceptance of the work if no Notice(s) of Completion are recorded, to verify existence of any recorded Mechanic's Liens, Please submit a Title Report dated at least 3 months after the City's acceptance of the project on August 30, 2011 or later (which would be November 30, 2011 or later) so that the City can check for Mechanic's Liens and release your Labor/Materials Bond. The Maintenance/Warranty Bond can not be released until one year after the acceptance of the work in its entirety by the City (which was August 30, 2011). The Maintenance/Warranty Bond will be eligible for release on August 30, 2012. The following subdivision securities required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Labor& Materials Bond; Included in Performance Bond; $19,225.00 • Maintenance/Warranty Bond; Included in Performance Bond; $76,950.00 • Monumentation Bond; Bond No. 241428; $0.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. N Sincerely, > CaMt TO > Carol Templeton , !!! Engineering Associate �7 a N� a CC: Carter Maerand via email;Natalie Myrick via email,James Thompson,City Clerk,TM32160 file v- co W Post Office Box 2743 • Palm Springs, California 92263-2743 PP.Lm " 't V S' 7T g - , � City of Palm Springs P i:�17 Department of Public Works and Engineering 3200 E.Thhgwtz Canyon Way • Palm Springs,California 92262 �p 0 • Tel: (760)323-8253 • Fax:(760)322-8360 • Web: www.palmspringsca-gov February 22, 2011 Thomas A. Noya, Manager The Enclave at Sunrise, LLC Bayshore Development Company, LLC 1900 Main Street, Suite 310 Irvine, CA 92614 Re:Tract Map 32160 (The Enclave at Sunrise, LLC): Time Extension for Subdivision Improvement Agreement Mr. Noya: On February 2, 2011, the City Council approved a one-year time extension for the completion of improvements associated with Subdivision Improvement Agreement No. 5100,5 for Tract Map No. 32160 (The Enclave), with The Enclave at Sunrise, LLC. This time extension includes a requirement that the vacant portions of the site be stabilized or hydro- seeded and maintained as such at all times, and requires ongoing maintenance of the on- site sewer system (which has not been accepted for maintenance by the City) and of the fully paved on-site private streets. The new expiration date for the Tract Map No. 32160 Subdivision Improvement Agreement is February 18, 2012. If you have any questions, I can be reached at (760) 323-8253, extension 8741. w C= _•y Sincerely, a4 11 0 >rr, M , Carol Templeton -K Engineering Associate Cc: Thomas Noya via email;Carter Mclarand via&mall;James Thompson,City Clerk;TM32160 file Post Office Box 2743 0 Palm Springs, California 92263-2743 r�Pp4MSA A. ='"` R� City of Palm Springs x * Deparrment of Public Works and Engineering x wo •s° 3200 G.TahquIcz Canyon Wny • Palm Springs,CsIiFarnia 92262 C m'OgpiEv` �P Tcl. (760) 323.8253 Fas. (760)322-8360 • Web.www.o.palm-springs ca us q�1FOR� / ✓ February 24, 2009 Thomas A. Noya, Manager The Enclave at Sunrise, LLC Bayshore Development Company, LLC 1900 Main Street, Suite 310 Irvine, CA 92614 Re:Tract Map 32160 (The Enclave at Sunrise, LLC): Time Extension for Subdivision Improvement Agreement Mr. Noya: On February 18, 2009, the City Council approved a one-year time extension for the Flo completion of improvements associated with Subdivision Improvement Agreement No. 5-1fl� for Tract Map No. 32160 (The Enclave), with The Enclave at Sunrise, LLC. This time extension includes a requirement that the vacant portions of the site be stabilized or hydro- seeded and maintained as such at all times, and to require ongoing maintenance of the fully paved on-site private streets. The new expiration date for the Tract Map No. 32160 Subdivision Improvement Agreement is February 18, 2010. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, ��� Carol Templeton Engineering Associate Ca Thomas Noya via email,CarterMcLarand via email,James 7nompson,city Clerk,TM32160 file � a � —r'0 C1 Zvi cio m� 77 C1 71 Pose Office Box 2743 Palm Sprints, California 92263-2743 DOC = 2005-0484540 06/17/2005 08:00A Fee:NC Page 1 of 31 RECORDING REQUESTED BY: Recorded in Official Records CITY OF PALM SPRINGS County of Riverside Larry W. Ward Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: I IIIIII IIIIIII IIII IIII IIIIIII III IIIIIII III IIIII IIII IIII City of Palm Springs l P. O. Box 2743 M S U E SITE GA PCOR NCCOR SMF MISC Palm Springs, CA 92263 Attn: City Clerk , A L COPY LONGJ— RREFUND NCHG E AJY Filing fee EXEMPT per Government Code 6103 fhe Enclave at Sunrise, LLC Subdivision Improvement Agreement A5105 A5105 Res 21276, 05-25-05 Subdivision Improvement Agreement THE ENCLAVE AT SUNRISE, LLC ' DU P L I CAT E Title of Document � THIS AREA FOR RECORDERS' USE ONLY ORIGINAL DID AND/OR AGREEMENT THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) H:\USERS\C-CLK\Recorder\RECORD.REQ.dm �..s F .a � SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and THE ENCLAVE AT SUNRISE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY IIIIII IIII II IIII IIII IIIII«III IIIIIII II II II IIII IIII 06 172005-04548 2 0548 9 31:00A TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 i IIIIII IIIIIII IIII IIII IIIIIII III IIIIIII III IIIII I i IIII 06�AN 3-0484548 0of 31 00R 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.1 Remedies Not Exclusive . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . 8 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11, Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ii i IIIII IIIIIII I II IIII IIIIII III IIIII II IIIII III III 2Q0 31 ¢06 0 W0d54 of' SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this \0,�h day of 1 Uu 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and THE ENCLAVE AT SUNRISE, 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. 32160, located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "A". The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B". B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs Lots "A" through "F", inclusive, for street, public utility and sewer purposes; easements for public utility and sewer purposes shown as"10' PUE"along and adjacent to all private streets; easements for public utility and sewer purposes with the right of ingress and egress for :service and emergency vehicles and personnel, over Lots "G"through "L", inclusive; easements for public utility and sewer purposes over Lots"M"through"R", inclusive, including the sewer easement across a portion of Lot "P"; and an easement for pedestrian and bikepath purposes over Lots "M" through"Q", inclusive; 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 Obliqations. 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 $513,000.00. 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. ORIGINAL BID AND/OR AGREEMENT 1 IN06 280 5 o 05 8 808400E 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 priorwritten 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 Survev Monuments. Before final approval of street improvements, Subdivider will place :survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any 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 Warrantv by CitV. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement,the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 2 I II IIII I I I I I I III I I I III III II I I III 0E0�2009 08400E 6 0£ 8 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.After examination,the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. 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 Vocal 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 elate of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty 3 IIIIII IIIIIII(III(III IIIIIII III IIIIIII 1111111111111111 06 PA J 2e£$3 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) years 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 Phasinq 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 Maleure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, ;strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreaqe. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and 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. I{ 4 I{ IIIIII(III I (III(III III�III III IIIIIII III IIIII III(III( 06I 07�8009 31 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter"Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of limprovement ("Faithful Performance Security Instrument"), in the amount of$513,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to$256,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$10,000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted fora period of one(1)yearfollowing said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $76,950.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum 5 IIIIIIIIIIIIIIIIII IIII IIIIIII III IIIIIII IIIIIIIIIIII IIII Ofi 2609 0£$�8400R requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California.Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial Letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 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 1:30) 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 Securitv 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 6 III IIIIIII II I I I I I I I I 200 II II II 11111111111 ee 10 a£ 31 eof 31 R less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit orto hold such funds in an account under the control of the City,with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall Mold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 PaVment to CitV for Cost of Related Inspection and Enqineerinq 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, Subdividershall compensate Cityforall design, plan check,evaluating any proposed oragreed-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. I I 7 IIIIII II llll IIII I I III III I III II II II II II 06�70 I I of 8 11 0£ 31 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s)shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Riqht 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 Attornev'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, 8 I IIIII IIIII�1 IIII IIII�IIIIII III IIIIIII III IIIIII III IIII 06�t�f�2006 0 3400R property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assiqns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Partv Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Aqreement; 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 thisAgreement 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) 9 I II I III III III II III II IIII 200513-0 of 31 IIIIII IIII IIII 'IIII 06J17/2005 K:00R IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA James Thompson, City Clerk David H. Ready, city ger (RECOMMENDED BY: APPROVED BY CITY COUNCIL // � (�y aia�b �•a�-os l a Aan, ity Engineer U SUBDIVIDER: THE ENCLAVE AT SUNRISE, LLC, a California Limited Liability Company By: Bayshore Development Company, LLC, a California Limited Liability Company, its Manager (Check One: _ individual, _partnership, X =n) 13y: n��Nova, 13y: Thomer Mailing Address: Bayshore Development Company, LLC 15031 Birch Street, Suite 1 Newport Beach, CA 92660 IIIIII IIIIII IIII IIII IIIIIII�������������1111 III IN as��0 z14 ao�e31 068 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of l 1 v e r S I I ` n 1 r On �l7 I(1 C �� `�t�0 S before me, V c��-�h c'I . V I L`,k O IS{ N ot4 ey Data 4 Name and IIII.of Offl (,,"Jane Doa,Nolary PO as �V b personally appeared D2 V r N I I R2q aY a VA � �Q m es Rila - IF-0—t1 Name s)of Slgner(s( Impersonally known to me ❑ provari fry mo m the Weig of mflofacfory etwderme _ _ to be the person s® whose name D ' are JUIHTFIANIC — ` subscribed to the within instrument and a Commission H LS ( acknowledged to me that the executed Nolarypubpc- 1487823 the same in the? authorized RNersklic.cagorriiae Comity capacity le , and that by the' MVC=m-E4*e$MaV21-2W8 signatures on the instrument the persons , or the entity upon behalf of which the person(sa acted, executed the instrument. WITNESS my hand and official seg. SlgnaWre of Nolary Publm OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ((�� Title or Type of Document: SU b I V I s ! 0 Px h l P r o 0 ?m fNt !10 r P e Ott P vlT Document Date:_ U h e '� O C S nn Number of Pages: Signer(s)Other Than Named Above:Tk a w as l� . N oya Ik r • , A'Iti-Irc S Fj I I e r -�or l5AV 60raKiah Ay Eligr . Capacity(ies) Claimed lbylI 11Signer V Signer's Name:��V Y lV [7 . Tie (V.ta Cf V a �C� YVl PS T h rS �1 Tom_ rt ❑ Individual rep of vm6 Here K Corporate Officer—Title(s):- .lfY pQha�efJ C tY Qer ❑ Partner—❑ Limited El General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other:_ II Signer Is Representing: .I.t h P ( ` y F-� �(:f 1 �>?rt 11 01999 National Nolary Asaafal[on•9360 be Sato Ave,P.0.Cox 2402•ChatsenoM,CA 91313-2402•www.nalloaalnolaporg Prod No 5907 Reorder Call Tell Free l-Boa-ITI36527 III 1111111111111111111111111111111111111111111111111111 es 20015 of 31 ALL-PURPOSE ACKNOWLEDGMENT Stateof California CAPACITY CLAIMED BY SIGNER County of Riverside ❑ INDIVIDUAL(S) ❑ CORPORATE On April 26 , 2005 beforeme, Sandra S. Fox, Notary OFFICER(S) Date Name, Title of Officer Public TITLE(S) personally appeared Thomas A. Noya ❑ PARTNER(S) NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-PACT ❑ TRUSTEE(S) IN personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are N OTHER Manager subscribed to the within instrument and acknowledged to me,that Ire/she/they executed the same in _ his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the puson(s) or the entity upon behalf of which the persons(s)acted, executed the instrument. rs.., SIGNER IS REPRESENTING: Witness my hand and official seal. 'f „- Y,\ otDRA s FO r sANDrus. �ox Bayshore Development - COMM #'13gS6b® c-1 tiy,� Notary PUt]IIC-�.dI1P01491e9 �.: ' Company, LLC Signature of Notary C't �� ,�st- RIVERSIDE COUNTY My Commission Expires RP � APRIL 1,2006 ' ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attaclunent of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO TIE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signers) Other Than Named Above 00-19484548 2E005 l d o 31 EXHIBIT"A" TRACT MAP 32160 LEGAL DESCRIPTION Tract Map No. 32160, as recorded in Map Book'?>03 Pages 31 through -y- inclusive, records of Riverside County, California. IIIIII IIIIIII IIII IIII I illll III Iilllii III IIIIII III IIII 06. �Q 17 2009 061 EXHIBIT "B" TENTATIVE TRACT MAP 32160 CONDITIONS OF APPROVAL IIIIII IIIIII IIII IIII III III I IIIIII III IIIIII III IIII 06 �0 2905 031 EXHIBIT A Planning Case 5.1014, PD-301 TTM 32160 FINAL CONDITIONS OF APPROVAL September 15, 2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1014, PD-301, and TTM 32160. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, 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. IIIIIII IIIIII IIII IIII IIIIIII III IIIIIII III IIIIII III IIII 06 200 29 095 of 3100� i Case#5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 2 of 13 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of$64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. (CVFTL fee area only) 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 Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel permitting incorporation of the parcel in the district. 7. 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. CC&R's 8. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to, the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances, and shall include the following special conditions: 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000.00, for the review of the CC&R's by the City Attorney. A $585.00 filing fee shall also be paid to the Department of Planning Services for administrative review purposes. illll IIIIIII IIII IIII I III I III IIIIIII III IIIIIII II IIII 200 2B o5GOA 06031 Case#5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 3 of 13 10. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Cultural Resources 11. 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. 12. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of all 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 Services Department prior to final inspection 13. The applicant shall pay to the Agua Caliente Band of Cahuilla Indians $800.00 per acre, as required by the THCP prior to the issuance of a building permit. 14.Pre-construction surveys for desert tortoise and burrowing owl shall be performed no later than 30 days prior to ground disturbing activities. If these species are discovered, the applicant shall comply with requirements of the THCP i III II illllll i II IIII I�IIIII III IIIIIiI III II IIII II IIII 00 2005-0484548-5031 Case#6,1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 4 of 13 Final Design 15. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 16. The final development plans shall be submitted in accordance with Section 9403.00 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, mitigation monitoring 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. 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 Services 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. Construction of any residential unit shall meet the minimum soundproofing requirements prescribed pursuant to Section 1092 (and related sections if any) of Title 25 of the California Administrative Code. 21. All materials on the flat portions of the roof shall be earth tone in color. 22. All awnings shall be maintained and periodically cleaned. 23. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. IIIIII IIIIIII IIII IIIIIIIIIII III IIIIIII IIIIIIIIIIII IIII 06���200f 31 1 I Case#5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 5 of 13 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. 27. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 28. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 29. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 30. Prior to the issuance of building permits, locations,of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened, 31. A standard Avigation Easement and Non-Suit Covenant, in a form prescribed and approved by the City Attorney shall be provided with reference to present and future owners of the land on which the structure is to be located prior to occupancy. 32. Four (4) exterior corners should be opened-up; walls need to be pulled back, especially at Sunrise Way and Racquet Club Drive. Break-in wall along west side of property; and provide a landscape feature as a focal point at the end of the street. Need four (4) small locations with additional movement of wall, with focal points on Paseo DeAnza. The design is subject to the final approval of the Director of Planning Services. WASTE DISPOSAL 33. Trash cans shall be screened from view and kept within fifty(50)feet of the street. POLICE DEPARTMENT 34. Developer shall comply with Section II of Chapter 3.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 35. Prior to any construction on-site, all appropriate permits must be secured. 1 11 2005-0484548 IIIIII IIIIIII III IIII�IIII���II II�IIII���1IIII�111 IN 0E117/238a£ g100R Case#5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 6 of 13 ENGINEERING DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 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 plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. FRANCIS DRIVE 3. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 4. Construct a Type A curb ramp at the southwest corner of the Francis Drive and Sunrise Way intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 5. Remove the existing curb ramp and construct a Type A curb ramp at the southeast corner of the Francis Drive and Paseo De Anza intersection, in accordance with City of Palm Springs Standard Drawing No. 212 6. All broken or off grade street improvements shall be repaired or replaced. PASEO DE ANZA 7. Dedicate additional right-of-way as necessary for a property line-corner cut-back at the northeast and southeast corner of the intersection of Paseo De Anza and Enclave Way (Private Street) in accordance with City of Palm Springs Drawing No. 105. 8. Remove the existing curb and gutter as necessary to construct the intersection of Paseo De Anza and Enclave Way. 9. Construct 25 feet radius curb returns and spandrels at the northeast and southeast corners of the intersection of Paseo De Anza and Enclave Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206. iIllillIIIIIII illIIII IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII 062�� 20 o 031 • k J Case#5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 7 of 13 10. Construct a 6 feet wide cross gutter at the intersection of Paseo De Anza and Enclave Way with a flow line parallel with and 20 feet east of the centerline of Paseo De Anza in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with the City of Palm Springs Standard drawing No. 212. 12. Remove the existing curb ramp and construct a Type A curb ramp at the southeast corner of the Paseo De Anza and Francis Drive intersection, in accordance with City of Palm Springs Standard Drawing No, 212. 13. Construct a Type A curb ramp at the northeast and the southeast corners of the intersection of Paseo De Anza and Enclave Way, in accordance with City of Palm Springs Standard Drawing No. 212. 14. Remove the existing curb ramp and construct a Type A curb ramp at the northeast corner of the Paseo De Anza and Racquet Club Drive intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. RAQUET CLUB DRIVE 16. Remove the existing curb ramp and construct a Type A curb ramp at the northeast corner of the Racquet Club Drive and Paseo De Anza intersection, in accordance with City of Palm Springs Standard Drawing No. 212, 17. Construct a meandering 6 feet wide sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 18. All broken or off grade street improvements shall be repaired or replaced. SUNRISE WAY 19. Dedicate additional right-of-way concentric with the back of sidewalk along the bus turn-out, located at the southwest corner of the Sunrise Way and Francis Drive intersection. 20. Dedicate an easement for pedestrian and bicycle path purposes across the Sunrise Way frontage for portion of the proposed combination sidewalk and bicycle path that leave the public right-of-way 21. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 wide bus turn-out, located at the southwest corner of the Sunrise Way and Francis Drive intersection, in accordance with Sunline Transit Agency requirements. Constructions of a bus stop shelter shall be required, with a IIIIII�I�IIII III IIII IIIIIII I I IIIIIII II�IIIIIII II I��I es 2002e of'31 Case #5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 8 of 13 design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency. 22. Construct a 12 feet wide meandering combination sidewalk and bicycle path along the entire Sunrise Way frontage. The combination sidewalk and bicycle path shall be constructed of colored Portland cement concrete, with an admixture color of Desert Sand, Palm Springs Tan or approved equal color by the Engineering Division. 23. Construct a Type A curb ramp at the southwest corner of the Sunrise Way and Francis Drive intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 24. Construct a 14-feet wide landscaped, raised median island from Francis Drive to Racquet Club Drive. Provide left turn pockets as required in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. The landscaping and irrigation plans shall be approved prior to approval of street improvement plans. The developer may request to enter into a reimbursement agreement with the City that provides for reimbursement to the developer from owners of vacant properties along the east side of Sunrise Way between Francis Drive and Racquet Club Road who apply to the City for building or other various development permits. Reimbursement shall be determined as the proportionate share of the cost of constructing the landscaped median on a per lot basis, and reimbursement shall be passed from the City to the developer. The developer shall deposit $2,000.00 with the Engineering Division for costs associated with preparation of the reimbursement agreement by the City Attorney, and shall be liable for all costs in the preparation thereof. ON-SITE PRIVATE STREETS 25. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposed, and for service and emergency vehicle and personnel ingress and egress, 37 feet wide, over the private streets. 26. Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. 27. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs. 1 IlIIIlII``II 1 I`I I`I 4 I{ 2095-0484548 I II�111 III�III IIII IIII IIIIIII III Ili III IIIIIII II It 06/17t260o£3100R 1 f Case #5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 9 of 13 28. All on-site "knuckles" shall be constructed in accordance with City Palm Springs Standard Drawing No. 104. 29. 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. 30. Enclave Way shall not be gated. A specific provision shall be included in the Codes, Covenants and Restrictions (CC&R's) for the Homeowners Association prohibiting the future installation of entry gates into this development. SANITARY SEWER 33. Dedicate an easement to the City of Palm Springs for sewer purposes across "Lot B', or as necessary to extend the on-site sewer system to the existing public sewer mains in Racquet Club Drive and/or Sunrise Way. 34. Construct an 8 inch sewer main within the on-site private streets and connect to the existing sewer main located in Racquet Club Drive and/or Sunrise Way/ 35. Submit public sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 36. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the sewer system by the City of Palm Springs. GRADING 37. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department 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 1 4 I`I I` 2005 0484548 IIIIIIIIIIIIIIINIIIII IIIIIII IIIIIIIIIIIIIII13 II IIII 06/17 27 of 3100R Case #5.1014, PD-301, TTM 32100 September 15, 2004, CC Conditions Page 10 of 13 (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Building Department prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: Copy of signed Conditions of Approval stamped by the Planning Services Department; Copy of Site Plan stamped approved and signed by the Planning Services Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. 38. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 39. 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 the Grading Plan. 40. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond equal to two thousand dollars ($2,000.00) per acre shall be posted with the City of Palm Springs for mitigation measures of erosion/blowsand that may occur during grading and development of the property. 41. 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. 42. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). 1 IIIIII III�III IIII IIII�IIIIII III IIIII�I III IIIIIII II IIII 06 2��280$0 3400R Case#5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 11 of 13 DRAINAGE 43. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system (if available). On-site retention or other facilities approved by the City Engineer shall be required if an off-site drainage system is unavailable or cannot contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 44. In the event an underground stormwater retention system is proposed, the system shall be installed on-site and not within the public right-of-way. The underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in the final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for the percolation of the stormwater runoff due to development of the site, as identified in the final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour or as otherwise supported"by a percolation test at the site. Provisions for maintenance of the underground stormwater retention system shall be included in the CC&R's for the HOA, including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscape parkway at the sole expense of the HOA. 45 The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 46. 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. 47. All proposed utility lines shall be installed underground. 48. All existing utilities shall be shown on the grading plan. The existing and proposed service laterals shall be shown from the main line to the property line. IIIIII IIIIIII IIII IIII IIIIII)III IIIIIII IIIIIIIIIII IIII 20�29 o 06 f 31 Case #5,1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 12 of 13 49. 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 grading plan shall be submitted to the City Engineer for approval prior to construction. 50. Contact Whitewater Mutual Water Company to determine impacts to any existing facilities that may be located within the project. Make appropriate arrangements to protect in place or relocated any existing Whitewater Mutual Water Company facilities that are impacted by 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 certificate of occupancy. 51. Nothing shall be constructed or planted in the public right-of-way 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. 52. 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 53. 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 parcels 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. 54. In accordance with Section 66434(g) of the Government Code, the existing right-of- way for Luna Road dedicated to the City through a grant of easement from the BIA, recorded as Document No. 46783 on March 19, 1982, and identified as Parcel 10, and the existing easement for bicycle and sidewalk purposes dedicated to the City through a grant of easement from the BIA, recorded as Document No. 187936 on September 14, 1983 may be abandoned upon the filing of a Final Map identifying the abandonment of the rights-of-way and easements granted to the City of Palm Springs. 55. If landscaping within Lot "A" as shown on the Tentative Tract Map is proposed to be maintained by the City, the developer shall dedicate a landscape easement to the City of Palm Springs within Lot "A" and annex Lot "A" into the City of Palm Springs Parkway Maintenance District No. 9. The developer shall submit a deposit to the City in an amount to cover fees associated with the assessment engineer to facilitate the annexation process. All final costs and fees necessary to the annexation process shall be completed prior to issuance of a Certificate o Occupancy. llflll IIIIIII IIII IIII IIIIIII I IIIIII II IN I 11111 III 06��A 200of 5s0831GSA w Case#5.1014, PD-301, TTM 32160 September 15, 2004, CC Conditions Page 13 of 13 Otherwise, landscaping within Lot "A" and within the parkways adjacent to the street frontages shall be privately maintained with provision for maintenance of the parkway landscaping included in the CC&R's for the Homeowners Association. TRAFFIC 56. A minimum of 48 inches of sidewalk clearance shall be provided around all aboveground facilities for handicap accessibility. The developer shall provide the same through widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on various street frontages of the subject property. 57. The developer shall provide and install a 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the southeast corner of Sunrise Way and Francis Drive with the mast over Sunrise Way. The developer shall coordinate with Southern California Edison for required permits and work orders necessary provide electrical service to the streetlight. 58. Street names shall be required at each intersection, as required by the City Engineer, in accordance with the City of Palm Springs Standard Drawings Nos. 620 through 625. 59. A 30-inch stop sign (and standard stop bar and legend) and street name sign shall be installed in accordance with City of Palm Springs Standard Drawings No. 620 through 625 at the northeast corner of the intersection of Paseo De Anza and Enclave Way, the southwest corner of Julia Court and Isabella Way, and the southeast corner of Ava Court and Isabella Way. 60, Construction lighting, signing 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 the 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. 61. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 1 I IIIIII IIIIIII IIII IIII IIIIIII III IIIIIII III IIII IIIII IIII 06 00 3 Otlo 031 Issued In Triplicate Bond No 241429 Premium $7,695.00/2 Year Term CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and The Enclave at Sunrise, 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 2005, and identified as Tract Map No. 32160, 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 erican Contractors Indemnity Comp a s Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Five Hundred Thirteen Thousand and 00/100 dollars ($513,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on April 27 2005. PRINCIPAL THE ENCLAVE AT SUNRISE, LLC, a California Limited Liability Company By: Bayshore Development Company, LLC, a California Limited Liability Company, its Manager By: Signat re By: Thomas A. Nova, Manager Name and Title SURETY By: American Contractors Indemnity Company By. (Surety Name) U Morn �= -Facll Na ie Caicedo open e (All Signatures Shall Be Notarized) CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT State of California /J County of�i ✓P-r�l G/ �/ ss. On her'it 12-61 2-4 0.#' before me, . 5el Q d rA4 7. `he X. Al o0 If ?6L1 I C 11 Dale Name aftl le of OHmer(e g.,"Jane Doe,Notary pub lot personally appeared �b /�1 it L�I LC Name(.)of S,gn (s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed { ofFicw�sEnr, to the within instrument and acknowledged to me that he/she/the executed the same in his/her/their ' " �COMM#1345650 (,y y a „ IVotaryR�6ua-GlNornfa authorized capacity(ies), and that by his/her/their L7 RIVERSIDE COVNIY MyCommisebnExpires signature(s) on the instrument the person(s), or the AVRa i,Zorn entity upon behalf of which the person(s) acted, executed the instrument. WIT 7SS my hand and official seal. Place Notary Seal Above Signature of"'Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: - _Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate officer—Title(s): ❑ Partner—❑ Limited ❑ General r r(-.• �- ❑ Partner—❑ Limited ❑ General •r r - ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb Here El Trustee ElTrustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 2004 Natural Notary Assomalion•9350 De Soto Ave PO Box 2402•Chatsworth,CA 91313 2402 Item No 5907 Reorder Call Toll-Free 1-800-896-6827 .... _.. ...._m_.... ..._.__... >,,;. STATE OF California ♦1 COUNTY OF Orange } SS. On AyriC27, 2005 before me, Beth Liescheidt PERSONALLY APPEARED NataCie Caicedo Lopez 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ BETH LIESCHEID)T their signature(s) on the instrument the person(s), or the c— COMM.9 14II7862 (p entity upon behalf of which the person(s) acted, executed Notary Public-Ci forrna� the instrument. gOCominoe Coy � A�/ Comm. Eres MAF'4, 20 WITNESS my hand and official seat. 7"t+"�T"`T' � yr v v v Signature/ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XXZ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OP ENTIT (IES) -Aniterican Contractors Indemnity Company SIGNER(S)OTHER THAN NAMED ABOVE (D-081 'm"6/91 ALL-PURPOSE ACKNOWLEDGEMENT ui -a u - IIIIII III IIIIi�il!°III III III IllililpiV J111, l IIII Ili IIIIIII il Jl I'IUI IIIII u1°Bull ii Iu I IIIIIII - IIII IIu II V I V I'Ii7�uu pl III , I�,IIII,°II Illuli�l'u 11�'luVi 1 ti ill nil 1111 - u_, IIII ' III IIIIII I I _ - I„I IIII„- ulul American Contractors IndelumllI I nI-I Ia-t ,9•C 4 I§ i„�tpq, $Ivd `E1007 r06 Angeles,Ca11fOr1; aI oddm014 P'6 a Ili nIIIIII I Yll I, I ui I II II I 'I II I - II 011111, I - / POWER OF ATTORNEY , KNOW ALL MEN BY THESEIPRE3EINTS:lu W i16'II I nun I I uI I I IWill 11,11 1, 1 lJ1111111''I _ .,'III,III IIII Iuu II ui ii - I ,III ThatAiftaidan Contractors IndeninityC ih�orna corPoration does hereby- a PPomti'IIII ' 11111 s IIp IIIIIIII IIIm.,{1 I I I l_ 11,JyiI {�Keith E.Sandrock,Sr.;Patricia J.Sai1'drock or"Nlatahe Ca�oedo'Lopez of Irvine,California - II.;,;;,II �iis true r" wr fim (s) in fact, with full authority thereof,to executeon its behalfbonds undertakings recognizances and contracts,-oftrue end a f l AttorgellY;hli 'ttgFl ihu '0, u e-of, issued m the ours_ of itg,:btisitiiss Ia,P oIICo, an thcrebyi&an - 0 1� - - dI to 1 vrd t} P X_ Y - -Amount not-to o>cUMI IIIII °°It,** OQI �OOIiIbQ***Dollars This_Power of AttocnGyl,slrrj 1 exptre'Witho ti further action on Marelr -1 III Ili m ,'I I111 1111111,m2 L InI IIII 117 This Power of Attorney is granted and i CONTRACTORS by f„C simile u COMPANY er nd by the authority ofthe following Resolution adopted by .I li II s signed an y an l oaF¢of Directors of AMERICAN M at a meeting duly called and held onl the 4t 4q, of ee I lh I'1990 - „ pl0i II'11 II pII1 IIIII III 0 V I uII II lI Vi,l IIIII�, I IIII �I I1,IV - IIII II IIII Iliulllli�„ f14I - _- II III!"IIIII IIIIIIII Iu,�l li IIIII III. I,piRi, ��IiML)'aliatthe CluefEaecaehleOffcer President uq'S pny Vwell 7estder�)''Exeggttmc,,Yice President,Secretary or Assistan[_5ecretait'Itu IS�altli ljvill��ei;!llul III V@I� pd'wel'and'auihmrity I. To appoint Attorn,ey(s)-in-Fact and to duthol them to execute on behalf of the Company, and attach the seal of the Crnupany thereto,,. .l - boY s m(�I'unNerta/on S on�' ohs�h uyden¢na_drtd_otltier�zmrrlirT a�obligatory itt lY�',e Y acs!!Y/hm� o Ian III g �{kr f Y - gi ,�, � - 1 CIF I I -_- - - __-- f I -- -= - _ uI1III II uO' uVlup II'I rvnpiVlll IVIIp1I", '> - mui uu II Ilii�:� Iuul - - - _ - - 2 To nl h7mlue aAl YY,{3Y IO�Y�tellal�k,J+sk�f�p A�Npilney-en Fact curd'revolce the-authority given. I uII lul Iluvul III Willil Ill RESOLVED FURTHER, that the signatures of such officers and the seal of the Company nray be affued tolIany such Power of Attorney o/ ecr bficate" Y.f _ Y __ ___. I Y hearing .fsignatures-- _ f - n al . I Poilver certificate bea in such acsirnile or acsmrele setd shall be valid and br d i/plull the Cot,ipany and anysuch powerusorexecuted and c�Y(rfla�ba+fr ,lunrlel stglr tttrbl and facsunile-seal shall be validand binding vipon the Clihi ;�,!/Ill' lui{ u uI _ u Iu„ uuul m;lhc filtur c,tiLith respect ta_any band or tnrder iahu:g-ta 1N�rpa�rt rs trFrtdch'ed I IIIII I .� - I.. II I !- /uup Ip' !. �I 1 ,•, _- -_ 'uII ° Iluliluu!�� uII Io1 �Il ii�iiul um� _ ,- - - - IIIii� a uIu IIII IN WITiVE55 WHEREOF, American Contractors Indetnmty 'ottapanyllha5 oau9cd its seal to be,affixed hereto and executed by rtsllChztf Executive Officer IIIII day of December,2003. i AMERICAN C NTR F er on the 15r' y u I�OR� ��ORSIIIfI DEMNITIY,ICOMPA-i a �Q 7'iIUII �I�'III IIIIIuII Ii�I III IIIIII_ II3 1R(Ok��kAE0 Z - uuuim1, ""IIIIII' SEPT.26I BY �jf �— - - ui _ u .I Robert F.T ornas Chief Executive Officer 0 IIUI„ IIIIII' IIIVIIIII14 u �111Iil8�, T4©' CALIF IA - 1 M► uI IIIIuuu - _ - - --- I.ill.II I III'I I,I II uIIV 1 I IIu I 'u VJ IIII I I,IIl CbU TS!'QF LOSA GEL ES IIIIIIIII II IZI I'II ul AIIIII IIIII I ' II II ,I Ii I iJ lil eels8 ps I II I� anOO 1 t Robert hOfficer of American ContractorsIndemutyCompanyto meiltorint knowntobehe individtall and ofe describedeherein, and and _acknowledged that he oxecuted the forel o1n instrument and affixed the seal of said corporation thereto by authority of his office _IV� uol - omuu WITNESS my ndilld 'ElcigLselll . I ' m - r - II iul1l 011im1 !';' III u u _ �•uuIII DEBCYRAH REESE -_ - uu°l II - II'ullCorryr,11111t'If:MI lY1110614� _ ��q if Notary Publb California Yamo Notary la Angeles County y An9� 8, 'i�4 Conmf onaexnres March 18,200� g Y _ II _� _ — _ trly Comm-F><plres Marla 2gp7�I 1 -� II11 01 mI uivu' 41 IIIuI irulll u � uII 1 I . III III ��II uuI II �.� ul uum null .III ��� �_ .- '• I uopl II Ilul� Il uum f migie dIKim Corporate Secretary of American��Chnt'ractorls�n'$er IruSityllG{rmo1py, do hereby-certify that the_Power of Attlofhey inn'd„ikl ,� °°'"'I�,;� resoluhcm adopted by the Board of Directors of said Company d5 set Iforth'above, are taste and correct transcripts thereof acid-that'rti'erfher „ the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect - - u'.6uo i iolpl 111 _ IN WITNESS AERL,OI f hauelllheLe4(nl"olllget"iiyy hand this 27 day of- APr�� 1 200�I' I; _ u Puuuu. a IUII ' OI mp IiuuuIlll uuplll IIUIVI II IIIilIpOlillIiill IIIIII iI13IIIII II II uII — '�Ilmm uuuu �;mlmu , ' BondNo.241429 Faith. Perf. Issued In Trip. learn eJ.Kim,Coll orate Secretary Ill i IIu - ylil' �, py11 IIAg e�J cY1 I I u, IIV iII!IV i1 4111 I#2204 II„ IIII p II i VIIII III IIIQI',,OI _ - _'I u I IIIII _ I Ii IIIII uulll yl ul. �ul ul llu u _ Iu ill Vl iii,� I I i tl I� _-- - III�IIuuil II III Rev.POA13/15/03 i •- - --_�- - Y v 1 IIII �. ... .... ] .V - 1 r v .Y-. .,....f V u o - A . c e w e yl a uI I� �II i!IUI oI I t o L o c � �Ii lll� 4 a N i xx�i tuH� � 'I=� l=tl l . Aa_��H�=1,,vn II i�l p it I V I!'ilf� IIII" ----�-�-.�.��.��.�>a.�3�1.---- Issued In Triplicate Bond No 241429 Premium $Included In Performance CITY OF PALM SPRINGS Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and The Enclave at Sunrise, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete pertain designated public improvements, which said agreement, dated 2005, and identified as Tract Map No. 32160, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Hundred Fiftv-Six Thousand Five Hundred and 00/100 dollars ($256,500.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any .and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Labor and Materials Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on April 27 , 2005. PRINCIPAL THE ENCLAVE AT SUNRISE, LLC, a California Limited Liability Company By: Bayshore Development Company, LLC, a California Limited Liability Company, its Manager By: L � Sign ture By: Thomas A. Noya';-Manager Name and Title SURETY ' I • I By: American Contractors Indemnity Company By: -- (Surety Name) 1 ��� \ne ir� act I/ _ Na t2 i� Caicedo L (All Signatures Shall Be Notarized) III CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I Count ss. y of_ �f �.Q.0 5/ Ll �. 1 f On (>ri( �1 BUD before me, �CL I'll U��t �. FOX IV 0 l�ct/'q �(A,�/� C, / Date --�' Name and Title of Off�`ice�ii(e.g.,"Jan�Doe,Notary Publli J personally appeared / / ) U YY1 'I S A , ! � 0 Names)of Signeris) J L?'personally known to me ❑ proved to me on the basis of satisfactory evidence _ to be the persons) whose name(s) is/are subscribed oFfrcw�sEru to the within instrument and acknowledged to me that SANDRA S.FOX he/she/they executed the same in his/her/their COMM 0 authorized caacit les 2saseso <I e. � �,a, Poll p y( ), and that by his/her/their C7 Wit(" RIVERSIDE COUNTY signature(s) on the instrument the persori or the o m My C mission Expires F""""• ApRIE 7 2ooe entity upon behalf of which the person(s) acted, y �deiz, " executed the instrument. WIT IESS my hand and o icial seal. Place Notary Seal Above • Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: _ ❑ Individual ❑ Individual ❑ Corporate OfficerTitle(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General - ❑ Partner—❑ Limited ❑ General - •,r; 1 ❑ Attorneyin Fact r El Attorney In Fact Top of thumb here y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing Signer Is Representing: CO 2004 National Notary Association•9350 No Solo Ave,PC Box 2402•Chatsworth,CA 91313 2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827 STATE OF CaCfornia Orange } SS. COUNTY OF J� On_ yriC27, 200$ before me, Beth Liescheidt PERSONALLY APPEARED Xatahe Caicedo Loyez 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 acknowl- edged to me that he/she/they executed the same in his/ ,tin nn�ts.iL6 her/their authorized capacity(ies), and that by his/her/ BETH LIESCHEIDT their signature(s) on the instrument the person(s), or the 'r COMM.k 1487862 (n entity upon behalf of which the person(s) acted, executed NO Notary Public-California the instrument. pity Comm Expnires 4, 2008 {� WITNESS 'my�hand and official seal. Signature I This area for Official Notarial Seal OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTtE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XrK] ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITYr ES) A'VI'Lerican Contractors Indemnity Conttpan'l, SIGNER(S)OTHER THAN NAMED ABOVE )D-081 P�, 6/94 ALL-PURPOSE ACKNOWLEDGEMENT =lli 11,111 Ii I ,l,I li lli I II .,... - --= -- ' I,�,lllI lllillp,llI�iiitVl 1111111111 I - ll,iui Io iill Il l - !I I l ', I I 1111111 11 III lllia w 14 V!, a"0'�i I I°I i ,,, ,1,� American Contractors Indemnity Company FY o x A��P 45,,, „ u IorIX,IIBIvd,9 Floor Los Angeles,Calrforinra,911� u„ - _ Jillw m �,uu,,,� - POWER OF ATTORNEY I KNOW ALL MEN BY THESEu' I I PRESENTS: _ _ ,,, II Pw ' 11,11, „Tli,atAlndncanConhactors-HidemmtyCompanyofYlS,eS,,tltel„I� !'Caliointa',aCralrfol;;��ria _co[poiation, does hereby appoint"91'I��,I 'I Keith-E.Sandrock,Sr.;Patricia J.Sandrock or::Natalie Ca cello Lopez of Irvine;California its true and lawful Attome s -m-Fact with, authority't _I on to execute on its behalf bonds undertakings,Y ) reco niza ce n s andot Mlle c u„ � Yother contracts g -`of-i - _ _ "' _- -I ndenviit_ arYdIll V"I I IAgs.plalr��I, u'Itry;,luIt�,e.lnn�tme tl�renf, issued in the-course of its�Il�lUusrne'�g a�ni3 to bul tlhi; Company-thereby- to=an _, - -Amount not_to exG°�'edl&�°I' I�Oulu, „%Q0�MQQ0MJI lul „ Dollars- Thrs Powei of Atto,rnejr Shah',expl'�e wrthou4 fiiillt�1 er actmn on March -1 --18,2007. --_ uulii, yio, IV,III 'I i,IIIIOu Imuu,um - - JVIII - I .. ul u:III T e,' o Y gMEed and , _ „a „ o del f ollowi g - by =l This Power of Directors of A N,CONTRAd y facsimile under and at a meeting Ill g ORS INpEMNI� Cp,MP g Iron adopted o of Attorney is ranted an is signed an sealed b d by the authority of the following Resole th � ar,d 11 C �' g y and held p i the 6° d�}t of IIIII bJ,,CJill,P(,r9,1'1990 _ - _ u�o u,11, ilu Jill,a upii u,IV 1111111u,11111111 ,u, _ _ _ ___ i�V,j11 WII, it f�l ul 1, I„ (IIII ii II IIII III VI,II Ir,h"il„i - o,u 1, ul„vl „N lie1 a„.! ai,,,,,11111111I ,,,ury - - - -- !-- IIi'i lli 1,dl0ll0. ill l�illli'Ii IIIIO' I114^I�, �uu u,l I,p� ;�'S«{'� '•utllorityrc Chl seeaveO cet_ PLeistrtent or Ul}o tle,7�7,t,esideryt,iilExacutiveii2me President Secretary or Assistmvt5ec�etat�ltl�lia[Ih llYiII YfIZ�V IV!i,lllll� ' f� tYvo azda - - II u - - - j 1 - - ❑IIII - - - - - ff 1 To appoint�1[talr rlc)(s) ut�o t�t t5 dt indemndl dual oth writbrgs obligatoryhall rn!th�Iat�litheIII tiL„0 7rach the seal of the Cantp-- thereto _ i n and - - boil x�lln und'entalFn�sl ;111111411 „u,uR mo f J S ) fIll IIll'u I, _ -? 2. - To rerndr le ctllan IalAri lla llll�strlci j'Agvvl ey-h FauI ct and ret ode thenI tly given r„I;,,, u,ullll i,ii RES Ill,lupp, " ° IIIII a -_ a ilu ym11 re/nkn thereto b firesinnle,the si aatttres o such a tcers and theCompany Irr a uu,1, O1g the FURTHER, that cold any such Poi o A� �il bearingsuc f g fnale - cute'', j S Y _ _ f r ne) or ccrtr c u -- �`-� o "" 'ynrl the or} an r and an such otaer_so.executed_nnd '� rd r,Ab f I �, esl;;rrud mesh lens al shall be valid and biseat nding all be and bnrdtnil 1 ) ) f Y ./ ) f' 1 t! uG IP ) J' ,_ P t77 1 F, Jdi,1,51YY71W, 1 ngt�Cl �7l f _ pgrt the„Cgnf 'rn), o,� tn�lhbl arturc y7 th res eci[o al3�bond ar und_er talruz to ry i ch '�ITI4CSSWHEREOF--American ContractorsIi tl Qr - ' I°,l_ y I ' „o„I p Yf p' y,i S_ „is chLs INf � I r6ii;I ulI" Officer on the 15 day of December,2003. II ha I" "I Executive 'm Y ud,er5nnt �on'i an ��� a'oaused its seal to be�f6xed hereto aud-eremite b� rtsl��h�tef !u„'i� Exe . 'I _AMERICr17VIl NTRA;G:TORS,jTjDltM�YTY JVQMPM - - k _ 1 _ II I,I, IIINC8181RAffU = - - --- I SEPT,26,1990 s BY Robert F. as Chief.o�l Executive Officer - '„uuumm I TI++' CALIFORNIA, I� r(,�1' -_ - - ffl1R�'-- i, 6 imii�„I - - - I!!„'ill, II III IIII IIaIiu IIII II „IIII ul ,I,I II _�1 Mtv' „V, u,,, u „ - II V lJ I 1,llti I' l J.I Ill: lujil11-t,1'�, ,Ili �y'll n 'LOS ANGELES _- - „ u - I,,,Ily,,I II I, 'lq IIII ,� l,l l dill¢ �Ilu,ll, II ills„li„i „ IIII„ ur'i, u _ t_ Il;lu I,II II�IIW iI VI II�JI ]Il,�illiii� '��t thSh�l46' day of-D000mber 2003,�efore-nia,Deboe�r Relti a notary p'a io, ersonally appeared Robert F,Thrnnas, 'III Exc6i�tl I'ou,,,� Officer of American Contractors Iridemnity Company, to me personally known to be the individual and officer described herein, and . acknowledged that he executed the foregoing instrument and affixed the seaLof said corporation ft eto b authority ofhis office �,uj,I, vl I, - - "i Ji,l II IIIIil0l,p,,, III „N (,IIIII mull, —_ I,I,I p, rv. WITNESS my hall and dufY'cialu5+e2l�ou ul " ,uuu = = i II - J�1111 °m,Vpu IIII „ „ il„'„ _ uCIORAH RBESE It lI °Com„ilibalop1,4b6149 uuu��, I � - s �l NolaryPWlb-CalllOtnlo -I 2 - La Arigelea County Signature ofNotar - g Y !', — I, '„ „ ^ u'I i,,,,. _ _-My Comm..Elea Mar l 8.uRRP7 I Cor}ii'�tssion expires - - .,, - _ .u'IyI{/ 11 es Much 18r2007uu, II I I .„u / 1' „I,ii, l qu I, W, :. _ �- _1_ II I';i l�er - - nhl�' n �h{Y IP Y Y fy - uu,lgl111111111 ,IIII omul, I 11'i re Sol ut cm adopted by he Board ofDirectors oof said Co npany I der t Ilbove d do=hereb cent that the-Powetof A',,g4,ney aid the" II, rri set Edith ���� are true and correct-transcri is thereof af'id that dei#11'cr IN_WITNESSH„EREOFeTlave enetirof eIlna handthis27_ dayof--A ril I1'I 2Q0 'yu the said Power o y or the resolution have been revoked and the are now in full force and effect.' n l 1' m,m,� u„Y, Y_ P I - � _- II Iml m,'"Il liilllllu Illliil "��1„Ilm „u uo,l Ih IIvi Bond No. 241429 (Labor & Materials Issued In Trip. J. Kim, Corporate Secretary uA. l ge�le y Nd u#12204 114111111111111 i, l I Ili„ i Jill V ,I, II i 11111 „ ill, ii i,,,i -- II,II,IliyIl'Il,IIlI lI,II,V IiIJ I I ,I,IIIIV Iii, '1, l,I,0llllll 11l,,l 11I„1 011!lfi iI,,IiMl i I I4' i „ J 11, �I III, � - Roe PQA VJI S/0] II!,rv� ' _t --- --- _ ._�°Kc!uXltll`�nhw1�'v��,tYd:E�oA!? V�Ik�,'l C4�1L /,VnJ1r, 1�111 9 I C�cdL�ilf 1N1frVAi�� 1.c:1��4a9=�' aw Issued In Triplicate Bond No 241429 Premium $Included In Performance Bond CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and The Enclave at Sunrise, 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 2005, and identified as Tract Map No. 32160, 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. American Contractors Indemnity Company NOW THEREFORE, we, the Principal, and , 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 Seventy Six Thousand Nine Hundred Fifty and 00/100 dollars ($76,950.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials 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 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. Maintenance & Warranty 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 anyjudgment 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on April 27 2005. PRINCIPAL THE ENCLAVE AT SUNRISE, LLC, a California Limited Liability Company By: Bayshore Development Company, LLC, a California Limited Liability Company, its Manager • "� ( ���'{" s By. `. rgnature By: Thomas A. Noy - anager Name and Title i SURETY By: American Contractors Indemnity Company By: � (Surety Name) 1� �'irn Wiri�Fac �l V Na alie Caiced � LopezI (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On /ri l zG` �QJ before me, ,5E1 n QrLl. •�. �X� !Y ohI'� [c1J/i6 Dale —7-�'' Name entl Ttle o Officer(e.g 'Jane Doe,Notary Public") personally appeared //L d m Q.S �Q. Nam (a)of Signer(a) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed o€€rcuw s€w� to the within instrument and acknowledged to me that COMM 134565GS© 0 he/she/they executed the same in his/her/their �I ✓ O'`'("t°-=�� NotaryP' LIe=California a authorized capacity(ies), and that by his/her/their RluERSIDE G'®UNTY N+.yc^mmlE><pires signature(s) on the instrument the person(s), or the APRIL1,2Ctlb entity upon behalf of which theperson(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above •.t;L� !{..� eCJ x Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General - ❑ Partner—❑ Limited ❑ General , . . - ❑ Attorney in Fact Top or thumb here ❑ Attorney in Fact ' ❑ Trustee ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: O 2004 National Notary Aasooatmn•9050 De Solo Ave,PO Box 2402•Chatsworth,CA 91313-2402 Item No 5907 Reorder Cell Toll-Free 1-300-370-8327 STATE OF Calfornia COUNTY OF Orange SS. On ApriC27, 2oog before me, Beth.Ciescheidt PERSONALLY APPEARED WataCie Caicedo Lopez personally known to me (or proved to me on [lie basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ BETH LIESCHEIDTj L COMMtheir signatures) on the instrument the person(s), or the ., � hlotaryPuentity upon behalf of which the person(s) acted, executed Orang My"Orethe instrument. ?,qAY 4, 20Q6 WITNESS my hand and official seat. Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) • ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XXXI ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTET ZES) .L7rTerican Contractors Indemnity Company SIGNER(S)OTHER THAN NAMED ABOVE 1D_081 Ree `'/"° ALL-PURPOSE ACKNOWLEDGEMENT III I V ll,lld III II ITV II'"p"lu ii'II'I�� 11 "IP1;IIi = III -111, Ill Ill '',ldl 'lII1,�111"uPIIV aJ'1 'u@ii" R Americ n` 1II;t"""" a Con r"Iactor Indemnity„� " �sCompany 11d I II II I IIII PIy III I " II"II - II"I L� I II 9,S4J AI 4'I„n. Blvd-__3n vF loor Lo-sAngeles- - -- I " IIIIII I; II i IIIIIIIIII r _- S" ! I I ' "I III III I""II""LPQWERF ATTORNEY -- i III„I I I l IIII 1 KNOW ALL MEN BY THESE PRESENTS illiduVl That'q.Ivdic loan Contractors hadenmtty Company of A10 Ljtatelllo°f'CahhotUiI ti Q4{°tforpia corporation does'hereby - - Iu IIII" IIII"" o Lopez of Irvine,California _ - III I � d III :,;Iu� Keith E.Sandrock,Sr.,Patnma J.Sand "I „. Y"ock or Netalic Caice its of rndeinniLe and laaI'IIw�Lo ns oUlt4atatctmwith hof full lturo tloereof issued it thetcourse,of bonds, ttesundertakings, s a in Ito 1encl t re CneS and therebuirtilcts Y I" g b Ik authority _- - - b m au -- - - Y � �' tldg 4l I g Amount not to exgldI'd,,I"$ II"'II�Iu `''�*',3u[,0''I `dl (%':''I ,*Do11_ars . 'PlnePowerbfAttoind"u"Ieh7"11"expire ;lthou4"' urtYJ',eraction-o Much -� 18 2007_- i oiidu _ "1 Iu1 u" _ the Bpartl,of Director- - Y g g ed by facsimile, IIu" and b the authority of the following III I - " �adopted by This Power of Attorney is Anted and is signed and sealed by facsimile under an y ty Resolution ad p y I s of AMERICAN CONTRACT{ R$,d: T,a COMPANY at a meeting dulycalled and held Pn the ]'I' I �(,611}7bIC15'II11�90 = _ ullllu I"ii�I'1 a"Iu ��I muIld I u IIII did lu iI' II"P4111 IIIy II "I I'll"Illli` '111 7.�.S'IIs'�/G'It�that ill the chief Executive- _Ofcer}Pfesi_dent orIII"Ili"tffl'Vie"IIIf,-7Te�'(�eldi, ko'cutivelPresident,Secretary,01'- Assistant-Sec+etall" l�lk[l'hJ`t II 111'c lii y^';IIUIIII power ai,d an(ioritJ,-__ ---„_ _ _— ,Iu�odL. ,. ou,u,. .rl���� .,",it 111„ - �I,�,u�., rlfyl„ P'P { J() ,. _ .f f paii) III ih the sent of the Company thereto, _ - - ' bondu grrn(FAttm a NSA ra Fact an1d� laedhor ye them to wrlti to m: b cal n the Com an un Etta"f II " "I I� II uuI ' " u a - uull =J + ruder takr lsl�IQ{,trtiIddl �(sg, rd,mnit and other wr Uuies obltatoy nr t/7�"natulvtl2crcn rl�"ii;'m"' II' �iiiil�l -- uA, r v s i Adbrrne iu Fact and revoke the anthm t - rf en Iuul - r _ uu „ Ilu � - Idd,G du'm at an� r ui�l'I' " _ d. Toi ne„ �o� I� Iw u - _ ddd relating thereto by facsimile, and all Power of Attorney gird the seal of the bearing suchrraeshnile sig �IIII i fi�l u ,- t the g J fsne of icers a d the seate ftheso.any y b �vntu ea orn such Power so J rcertificaic - J f rrl(,!7iy arVtYif `$ I f ir facsimile f shall geG'Ird and ures acsi mile seal shall be valid and binding 1rr1e t the,d buukn,� .� RGSOLfVSDrFUnyItith ca��d mect f�rarayrbo�r[orso�e�tak�g�to u5/1PLyr zE„�ys alk�,chakt" "e"�,k' natt res a r¢ - --_ _ .- . . .,. 'f uI " "I,CQn puny f I11IIIJJ " -_-- •- III I"111"IIIli II uII y December, rs Indemnity:Coil auk - — - ^' 11 �Execuhve�l�$S WHEREOF American Contractors Iutlam ly uumr III � " uu� �- -. }uuI"" y I;I uuml ° p"iufll�� n - d exeoutc,d b Its"Chrof-^ �- to -, IN Vf�`fNE 'has Causdd its seal be affixed hereto an Officer on the 15 day of - - - -- -- 11 aAr Ak' I" AMERICAN C L4I ill�012S"4 DE,M, )i l'�1 fw'oMPANY - 1 �oI� -- [NCOAPORA7F'IY ~ By: (/� SEPT.Yfi 19911' -c .P Ili' u W 1 ' Robert F.Thomas,Chief Executive .o r f Officer "I I II"d"I -- - .IIUI I I„ - " "" illI1�"I, 1uu� uuV"m uu-- . __ - -. - - y� �S" A lCALIFORNIA I1 I i �1VIj1 r I� J 1'.F:, I� - - - C4I ` loom u'do o - - I"VV"I 11d, VI ull II'I. �9i71�IYIIII�I� LOSANGEUSS � ��, mi""I'I��� u�llll uI"IIiIu .I" h Y _ lour a YP I�1 __ IIII 1'"10V IV1I"u1I VIV 1"",I um" " P Y PP Il ll. V u IIu'" 1 "ui�i OIi�I ihiS 15l d2 of Deeember2003 befo o-ino, Debora( Reese a^�'notqi� b o ersonall a cared Robert F Tfiomas, Nia£Px*NVe I l,, `-- rp g a Contractors _ the d officer described herein and I �:Iruum uulluulll - -_ -- - individual an Officer o American onhactors hrdeimnty Company, to the personally known to be the rn id, acknowledged th2t e e ec�>i"tied 1the,f`;, 111 foregoing instrument and(£fixed the of said co '', thereto by atithgnty of his o- , c - ulm 'goi'I iii' u`""uQ Iumpl Iuui '' ;I uI II uuu1.• ' WITNESS=myh3{hdua��4Yofficraljuusc jlI Ilimum' lllu7plll --- 3 '(�,EIOq�FIRE„5�. - " u uii�Iu" u' I - - ]I" " a Catlltstls aK I406149 11 �m"" 1i"uIIIw 11I 'I Notary PUblb-CaBfomW 9 -� Signature of Notary Los Angeles County i - - uI" :", 1I 1 My Comm Expires Mar 18 �,Q07 , IIII, In" u Iv��,Colnn113sion expires March 18;2007 - 111 , "d "^' IIu" j _ _ _ t _ .. a �I Iuumul uI - u I w Iu' I":uI - - _ - --- yoo I"Im " 1 ddd,l r- - _ .C" FSl ohi'Crlr an' - Y P Iouu 'y iuu u"muw "r esclutiton adopted by the Board of Directors of said Com an as set f rth above, are true and correct hafikri is thereof and that�neifhei 1 I ;,Kim,Corporate Secretary of-American opteaeVB "IzSdernlj;, m y do hereb certify that the Power of At "arV�' thou, P Y the said Power of Attorney not'the resolution have been revolted and they are now in Rill force and effect. - 27 = A ril l 5 - -[N WITNESS HBI,j~<OI',,,,J,Ihade e�",'dtiitTp""setl"1y',hand this-- dayof-- p I "I '" 4JKim, 2d0 ,I 11,,,11 , - _ Iliupu I"uuup"i - - - - pI " _ lI ul IImI uIII" ; _ Io"" ' I "BondNo. 241429 Main. & Warranty Issued;In Trip. Seann Corporate Secretary n� " - - - - - .- - i !yyrY { + = 1111111l, -- IP I" "�u I'VI �. " �II""1 �I II 4e11��19INi"0,,#)204- - - - Iuu l'I,°IIu III ��il " - diddidil "IIII 111�IIIII,IIIII11Iil�it i�l�l"I"'l"� "ITV IV III II II�II"fill u 9 Iuuul�'m liI'yV"u 1IUIJI 11i41"�� V ip LI'ru'n "Reb P0AI2/I5/Q 0 y� "I���� 0 RICO LOB 6e' � � ., .,...� ..UwrwT. s1 � ( .� a - idd,__-11 III '"I iI II II,I IIII _ _ _ II • Issued In Triplicate Bond No 241428 Premium $300.00/2 Year Term 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 The Enclave at Sunrise, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated , 2005, and identified as Tract Map No. 32160, 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. American Contractors Indemnity Company NOW THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Ten Thousand and 00/100 dollars ($10.000.00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. 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. Monumentation Bond Page 2 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 April 27 , 2005. PRINCIPAL THE ENCLAVE AT SUNRISE, LLC, a California Limited Liability Company By: Bayshore�DDeeveellopment Company, LLC, a California Limited Liability Company, its Manager s By: igna ure By: Thomas A. Nova, Mai qer Name and Title SURETY By: American Contractors Indemnity Company By: (Surety Name) for e -in-Fa t J i Natalie Caicedo Lopez (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of / , �✓ / �; �, I I 1 On H�ri ) ZG, .20 � before me, �a r-) d rd_ J.• 1 a lCy I�[A r-j-:FLb1"4, Dale Name and Title of Officer e l � y, �( g.,"Jane Due,Notary Public'J personally appeared ! "� 112 (A.,5 !t , t`F D Names)of Signer(s) C?'personally known to me ❑ proved to me on the basis of satisfactory evidence .n to be the person(s) whose name(s) is/are subscribed OFFICIAt.SEK to the within instrument and acknowledged to me that tiW ^', Xj SANDRAS. Fox he/she/the executed the same in his/her/their COMM#734565Q y N00h4f,bli<-California authorized capacity(ies), and that by his/her/their RIVERSIDE COUNTY signature(s)natures on the instrument the person(s), or the titvCommiia"B'd xpires 9 ( ) p ( )� 9PRI!7,2oob� entity upon behalf of which the person(s) acted, executed the instrument. fill my hand and official seal. Place Notary Seal Above �, /-Y _,jV I` Sgnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Trustee Top or thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02004 National Notary Asscciahon•9350 Be Soto Ave,PO Box 2402•Chatsworth,CA 91 31 3-2 40 2 Item No.5907 Reorder Cell Toll-Free 1-800-876-6627 STATE OF Cawornia COUNTY OF Orange � SS. On_ .1yri127, 2005 , before me, Beth ltescheidt PERSONALLY APPEARED .WataCte Caicedo lopeZ 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 acknowl- edged to me that he/she/they executed the same in his/ WNo n tiJ�nn n s her/their authorized capacity(ies), and that by his/her/ IESCHEIDTtheir si ature s on the instrument the erson s , or theM.81487862 (p O P O Public-Californiaentity upon behalf of which the persons) acted, executedangeCoun1fommExp(res -+the instrument. AY4,2008p v u v v v vi WITNESS my hand and official seal. r Signature / l.� n This area for Official Notarial Seat OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XXXI ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIT (IES) .American Contractors Indemnity Company SIGNER(S)OTHER THAN NAMED ABOVE (D-oat F�,.e/e4 ALL-PURPOSE ACKNOWLEDGEMENT • li V IIIII d u"II!I_II,I.II_.'.,i,IioIl �ImI IVIIr"II I:,IVII,uII uIV::� I: _----- 1 I I - 'I yV IVV I I I I II IlIOI'ilIjlIII,'I!I'Vl;i !IIII VI'uIII IliIi l l 1 III IVIVI II I ,P American Contractors Indemnity Co 99 B- 9m Fluor LasAngefes,Cuhfohla9004S IIIlIIpI'VI IIII1 I iI1ijIl�,l�P1i41dIj11l� 1� u III, IIII I -1 POWER-OF ATTORNEY I KNOW ALL MEN BY THESE PRESENTS: -. I q�Id 'I it IIII ' - - - -- -- -_ --- - -. -= �I IIII i III I,k: . _ - -- ...,;�° ,IIII III III .I ''That Aute'uoau Contractors Indenmit-Com an- of4he,S ata'of Calsfonnra a:ICaifornia-corporation, does hereby a- omt"IIII 1 II 'I'II" "' w ---- Y P _Y uIII�II IIII ... IIII;uu IIII �i _ `-Y PP III IIII :jl� III - = I III YIIII II �cl' IIII 'II�i - 'NfitalseCaLopez -_ II Keith E.Sandrock Sr.,Patncia J.SaitrYi•ock or II icedo Lo ez of Irvine-California its true __ ins reco nizanees and other contracts Y fy e y bpund srs nNI'dgo bind fjihiA Caripahy-thereby-_rn_an --'�of aifu AttouieO - _ Amount not to 0 Y7� Dollars- _ d c Sha1L - id 4Y✓n i s Ulr ato lu �ure'.tltereof Issued woke course of its" III - an lawful y s m act with u authority o execute on its eta bonds, l 1�$ g !, 'aIIIIII�h tt t _ er<'�iaed S II '* f3100 0 Q'*** This Power ofAtt :Irk y 'ex,�i'tel,I�v�rth§„ri furt1}er Seton on March _ 18,2007;-_ . II I1 81I " III 11 - • " - _ I: 1 I'IIiliVuuu - - In V!Y'8 '7,. MVI t,9, This Dower of Attorney is ranted and t g b facsimile tinder II III . luton adopted by he d of Dnectorsyof A scaled CQIvIPANY at Ia mr odul e called and held g °t ay, I rs Po s signed and >, MFRICAN CONTRACT ,� g y nithe b 41 of IiI �'IV iDCCeilnbehl!I�.i��O __ = C:, IUIiI Iu° ' II',II Iu II. III - --_- - VI UVWII III VI Vd IVI�j ll� II'ill�, --.. _ III III IIIIii I�� I, IiI II I,I _ 'II illlr 611 IIII ee Prestder¢t�Secretm or Aursitlanvt-Searedal%1Iu' a111ha7 0e u":If ICI pl+Y ,�'':/Utat the G7tte Eernanne O tcet Prestdcntf IJ� I� E� E � f _ Jf= � any l�rotr I�esitler¢t Exeatdn+all!i 7 I I�i"� 1 III pp t y) ' f f e Company, and attach the seal of the Company thereto To appoint Attm ¢e s n¢Fnc1 and to author aze there t_o exeuue on behalf o the r - ,tt a = g y "e a - i bo'ry,ch dgdl¢Y¢:dc F�an s Ilcb'hl�ran{t oflndemnay and other n r urn s tiG_I[ uta to tli ry /tne/hcrLoflanll I ' IIIV _ II II 'nrtY ¢eplmttl'S UV Iwml - --- Ili 1I1 II IIII IIII II II - RESOLVED FURTHER, that the signatures f Ilo�cters and the'seal o/t the a nay,!�I be afftzed to any s¢tcI h Power III 2 To r enrove a t �71II rl �tf �¢AtYq�^r J _ yg g so such y of Attorney ar certificate, aelunn thereto b ucsnnrle, and an such Power o Attorne or certificate ,f signatures f nag' w¢IYhe Co r f Xl r a dFbeit a,t yes nd,facsnnile seal shall be-valid and btndtng iY gry�7e Cryl1j pr,p I P J J P - un uI 'i! suet e st ralures or acsnm a sea shall e1 :'IUI uu ou'IIiIIII,: I y y ac , , i r r t an and an such awer so executed and rk 6 a IIII° IIo: -¢ _ ,':lYr FI / attache �IIu ul IIII:,` I� Executive Officer on the 15 day of December,nber,200 • � I /u ES tlr : I m lap y- S leauseld I I I I P IN WITNESS Y u ,I II SS WHEREOF, American Contractoxsdndemmt � respectY g iluLl((t is art I uu y �bur ah M11tA�I its seal Co be'atfrxed hereto and exeoutee�by rts Chrof I : 3. "' m AMERICAN-C NTRN'CTO0RSIfNDEMNIMY"IC pMPANY II ,III III I I ��p",W:CTO,pbr j _ IIII II o- 1, III IIII = - 1990 I ' IIIII I 2b - II _ w By. SEPT. 1 Robert F.Thomas Chief Executivc-Officer �- - �I O? IIII VI - `-_:_- ' IA- IIII III I'III(�I'h,oni UI I II I, _ - -IFORM� - IP::' ' iImiGL CYI&LOS ANGELES l II II °III II I l lwu "I.jpII'1I'I UI iIlIuI 1111ljI; I IIIIIII;II, II'!d III IIIII, III III 1 J16 'IliaI::'a a ilillu _ II, II CYh this 15' day of December 2003,before me,'Debbi, R Rcest� �, aI notary}1111111141.nq personally appeared Robert F. Thomas, Officer of American Contractors Indemnity Company, to me,personally ]mown to be the individual and officer described herem,'and - -- _ acknowledged that be e�eclutedl the foregoing instrument and affixed the seal of said corporation thereto by authppty'of his_of6ce -- _ I - - - "'IIIIIII IIII I II ,IIIIIIII :IIIIIIIII ' -_ - - Ili I III'„'Y:' III �Y: IIIUI, _- -_ - W- ITNESSInyhBnIII IdI l'ld ld oEFCrI lllse�l II 'Ili': uw ll II u,! _- - _ IaI �� 4 I I I C♦o•i0 wiio��(� LA n#QI11E4ES0E6 149 -- I Notary Publb-CaD1omW � -! y - Los Angeles Count i IIM - _ - ,I,, --_M9 Comm.-xptes Mm 18 2 Signature of Notary _ _-� qW y�0ll71�11�sion_expll'e_s March 18 2007 'M1I III (IiI _ I Ili uIII II I IIu ',:I:I Corporate Secretl_r of Amer can &h crb O fy do herebyc_ertr that the-Power of AtIgl to IIa _ P Y G X - -p I� .'cep' / P Y - - P y assem r Coutpady, - hereof c Y t;IILj:::h III I UIII!'� lean ne adopted U the Board of Directors of card Com an 'as seY ffirthIII _ IIIII . 31 V IsoluLton hbbve are tine and cbr2ect transcn is t and that ne�}`he{ IIIIIII°" I the said Power of Attorney nor the resolution have been revoked and they are now in Rill force and effect. j - -I_NWIZNES_SI-YIE&E"E,YI,r'tvelicLci}t�olyc'tny hand this 27- day of AprilI' III;! II�2001III$iI IIIIIIII�IIIII =  { I "'Iilul - -1 2414281IIIIssu edll'IlluIn,°ITrlillll -= - -- - "'I',„,.. 'III LtlIIIIII Bond No. p uuu IIIJeann J Kim,Corporate.Secretary - i II V, I �.4 I I�Ia„�gen:Gj'I lei III :,#Z204 -- - _ u uIp II I' mI " 11 -- IO��III V IIIV III I'IV:ITV. III I VIgI I{ - __ u�u'I I IIII _ _'VI V'I'II'. VIV V'I Il'IIi�i IVIV-II,I I';�I -- - -ftev POAl2, S/., i +'IaMI�II Ip III . Yv -f� V �Y9p" ILW'4 7 � eC�G 0' GO LO � GC 1 = ---- --_— � a e�"oY,as Yo C13=Ali IbXo7cYUIluN�lnh"a7-�,._ !�.� .Lr�.� M E M O R A N D U M TO: Public Works/Engineering FROM: Kathie Hart Chief Deputy City Clerk DATE: July 5, 2005 SUBJECT: The Enclave at Sunrise, LLC Subdivision Improvement Agreement-A5105 cc: File Attached are two copies of the above referenced agreement, fully executed and recorded. We have kept the originals and bonds for our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. CONTRACT ABSTRACT Contract Company Name: The Enclave at Sunrise, LLC Company Contact: Thomas Noya Summary of Services: Subdivision Improvement Agreement Contract Price: N/A Funding Source: N/A Contract Tenn: 2 Years Contract Administration Lead Department: Public Works &Engineering Contract Administrator: David Barakian/Marcus Fuller Contract Approvals Council/Community Rcdevclopmeut Agency Approval Date: May 25, 2005 Minute Order/Resolution Number: 21276 Agreement Number: A5105 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Marcus Fuller Submitted on: June 7, 2005 By: