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05100 - KRIZMAN DESERT INVESTMENTS LLC SUBDIVISION IMPROVEMENT AGR TM 31263
00 � �PALM sA� � • City of Palm Springs v H Department of Public Works and Engineering 3200 E.Tahquicz Canyon Way • Palm Springs,CA 92262 Tel: (760) 323-8253 • Fax: (760)322-8360 • Web: www.palmspringsca.gov CQ�/FORN�P September 14, 2016 Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, Ca 92614 Re: Security/ Bond Release for Tract Map 31263 Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement (No. 5100) related to Tract Map 31263, have been fully satisfied. The Faithful Performance, Labor & Materials, Monumentation and Maintenance/Warranty improvements have been completed. The following subdivision securities required by the Subdivision Improvement Agreement have all been released: • Faithful Performance Security ; Bond No. 839584S $41,050.00 • Labor& Materials security; Bond No. 839584S $20,525.00 • Monumentation Security; Bond No. 839584S $3,000.00 • Maintenance and Warranty, Bond No. 839584S $52,500.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincjly, i G � ' Ric K Minjares Engineering Ass ciate cc. hle,city cier - Post Office Box 2743 • Palm Springs, California 92263-2743 ?ALM sp9 iy V 1n S `C°rourto` p• 4<�FORN� City Council Staff Report Date: January 18, 2012 CONSENT CALENDAR Subject: APPROVAL OF TIME EXTENSIONS OF SUBDIVISION IMPROVEMENT AGREEMENTS FOR VARIOUS PROJECTS From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY A part of the City's approval of a final subdivision map is the concurrent approval of a subdivision improvement agreement between the City and developer. The agreement secures the costs of on-site and off-site public improvements, and provides a 2-year period to complete the improvements. Given the current state of the economy, many projects remain incomplete and it is necessary to extend the subdivision improvement agreements to ensure the City retains an ability to pursue the securities in the event a developer defaults. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS." STAFF ANALYSIS: Subdivision improvement agreements are approved as part of the City Council's approval of a final map for subdivision of property for residential or commercial purposes. The agreement between the City and Subdivider obligates the Subdivider to construct all the necessary public improvements, which are secured with bonds or other suitable security to ensure the improvements are constructed and laborers and suppliers are paid. The City retains the ability to call the securities in the event public improvements are not completed and the Subdivider has defaulted on the property. As the national economic recession continues to impact the real estate market, many residential projects have stopped construction and are on indefinite hold until the market improves. Terms of the subdivision improvement agreement require that the Subdivider complete the subdivision improvements within a certain time frame (generally two years ITEM NO. G �— --- 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: W� JV` Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Thomas J. Wils , Asst. City Manager David H. Ready, Ci ATTACHMENTS: 1. Resolution 03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING TIME EXTENSIONS OF VARIOUS SUBDIVISION IMPROVEMENT AGREEMENTS WHEREAS, the City Council has approved various subdivisions for development projects throughout the City; and WHEREAS, included with the City Council's approval of each subdivision is approval of a Subdivision Improvement Agreement between the City and Subdivider identifying certain obligations of the Subdivider, including an obligation to complete subdivision improvements within two years of commencement of work; and WHEREAS, the current economic recession has significantly impacted the real estate market; and WHEREAS, a number of residential subdivisions throughout the City are in various stages of completion, and have been placed on an indefinite hold by the Subdivider until the real estate market improves; and WHEREAS, it is necessary to grant a time extension to various subdivision improvement agreements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: The City Council hereby approves time extensions to the following Subdivision Improvement Agreements, as follows: Agreement No. 4814, Tract Map 28966, extended to June 18, 2013 Agreement No. 4955, Tract Map 30050, extended to February 3, 2013 Agreement No. 5086, Tract Map 32233-1, extended to April 2, 2013 Agreement No. 5087, Tract Map 32233-2, extended to April 2, 2013 Agreement No. 5088, Tract Map 32233-3, extended to April 2, 2013 Agreement No. 5089, Tract Map 32233-4, extended to April 2, 2013 Agreement No. 5100, Tract Map 31263, extended to February 3, 2013 Agreement No. 5105, Tract Map 32160, extended to February 18, 2013 Agreement No. 5131, Tract Map 30046, extended to March 18, 2013 Agreement No. 5155, Tract Map 31514, extended to June 18, 2013 Agreement No. 5246, Tract Map 33561, extended to April 2, 2013 Agreement No. 5276, Tract Map 32675, extended to April 2, 2013 Agreement No. 5324, Tract Map 33933, extended to May 24, 2013 Agreement No. 5393, Tract Map 31848-1, extended to May 4, 2013 04 Resolution No. • • Page 2 Agreement No. 5426, Tract Map 32732, extended to May 20, 2013 Agreement No. 5436, Tract Map 33161, extended to August 9, 2013 Agreement No. 5439, Tract Map 31525, extended to June 18, 2013 Agreement No. 5516, Tract Map 33162, extended to April 4, 2013 ADOPTED THIS 18th day of January, 2012. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on January 18, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 05 ?ALM- City of Palm Springs f rrI r'1 * r Department of Public Works and Engineering 3200 F.Taliquicx Canyon Way • Palm Springs,California 92262 \ C'gZiF©\�" ' Tel: (760)323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov February 22, 2011 Krizman Desert Investments, LLC 381.Agate Street Laguna Beach, CA 92651 Attn: Ms. Anne Krizman, Managing Member Re:Tract Map 31263 (Krizman Desert Investments, LLC: The Towers): Time Extension for Subdivision Improvement Agreement Ms. Krizman: On February 2, 2011, the City Council approved a one-year time extension for Subdivision Improvement Agreement No. 5100 for Tract Map No. 31263 (The Towers), with Krizman Desert Investments, LLC. The new expiration date for the Tract Map. No. 31263 Subdivision Improvement Agreement is February 3, 2012. The time extension was needed for this project because not all of the work has been completed and there are still outstanding bonds for the project. If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, ' Carol Templeton Engineering Associate �;: � v Cc: City Clerk;TM31263 file Post Office Box 274.3 Palm Snrin2s, California 92263-2743 Krizman Desert Investments Subdivision Improvement Agr. AGREEMENT #5100 9 Rees 21270,_5- 8-05_ DOC is20OS-055033B 07/13/2005 08:00A Fee:NC Page i of 31 RECORDING REQUESTED BY: Recorded in Official Records CITY OF PALM SPRINGS County of Riverside Larry W. Ward Assessor, County Clerk 6 Recorder AND WHEN RECORDED MAIL TO: I IIIIII IIIIIII IIIII III IIIII IIIIII IIIIII III IIIII IIII IIII City of Palm Springs P. O. Box 2743 M H PAGE DA POOR NGCOR SMF MISC y y Palm Springs, CA 92263 Attn: City Clerk _ 1 A R L COPY LONG REPoND NCHG E AJ Filing fee EXEMPT per Government Code 6103 A5100 Subdivision Improvement Agreement Krizman Desert Investments LLC Title of Document c� THIS AREA FOR L�"I -c N - s1 r RECORDERS' � y USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) H:\USERS\C-CLK\RECORDER\RECORO.REQ.dx SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and KRIZMAN DESERT INVESTMENTS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY �����IIIIIII Hill 11111111111111111111111111111111IN @7 PAA 2 0£�e 13@@fl 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 IIIII III IIIII IIIIII IIIIII III IIIII IIII IIII 205 00:0 07 130 08 7' Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.1 Remedies Not Exclusive 8 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . 8 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 110 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 H 111111111 I Sao 5-0360336 N SUBDIVISION IMPROVEMENT AGREEMENT 91cipa—lcorporation H.($ SUBDIVISI N IMPROVEMENT AGREEMENT(this "Agreement") is entered into this day of , 2005, by and between the CITY OF PALM SPRINGS, amL of the Stek4 of California("CITY"), and KRIZMAN DESERT INVESTMENTS, 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. 31263, 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 an easement for public utility purposes with the right of ingress and egress for service as shown on the map as "5' PUE"; and City desires to accept said dedication and certain other improvements as described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its public dedications and other improvements, as described in this Agreement, are a material consideration to City in approving the parcel map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 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 $350,000.00. 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. 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 1 I IIIIII IIIIIII IIIII III IIIII IIIIII IIIIII 111111111111 IIII 20es�056F336�o information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer.The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work.Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations,under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the Citv Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement,the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 2 1111111 IIIIIII HEIII IIIII IIIIII IIIIII III IIIII IIII IN071e1 z 65&830SH 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all tames 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 local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty 30 da s 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 3 IIIIII IIIIIII HE1111111111111111111111111111111111111111 07 1 3 2009 08300R City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5)days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 4 IIIIII IIIIIII HE III 11111111111111111 III 1111111111111 0713 2005 08:09R 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of$350. 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$175,000.00 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$3,000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one(1)year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $52.500.00 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 mquired under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the 5 IIIIII IIIIiII IIIII III IIIII IIIIII IIIIII III III'IIII II'I FJ3i'vAS VSORRaAAG 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 (30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined tern or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. 6 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 07'13 200506 QOA (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check,evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of 7 I IIIIII IIIIIII IIIII III IIIII IIIIII IIIIII III IIIIIII III IIII 67 13,2 05 Oe:O&R Improvement.Such resolution(s)shall authorize the City Clerk to execute the Certificate made apart 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. S. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may heave for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may. be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any 8 I IIIIII IIIIIII IIIII III IIIII IIIIII IIIIII III IIIIII III IIII 07 200 a essee�eea Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein.All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 9 I IIIIII IIIIIII IIIII III IIIII IIIIII IIIIII III IIIIII III IIII 0?200 80055 08300R 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 L James Thompson, City C erk David H. Ready, Ci y ger T:ZECOMMENDED BY: APPROV S TO FORM: David Barakian, City Engineer By: SUBDIVIDER: Title: S KRIZMAN DESERT INVESTMENT' LLC, a California Limited Liability Company (Check One: _individual, _partnership, -serryotzrtiew) � (Cy-vr�;U-j E3y. 14, APPROVED BY CITY COUNCIL Signature By: NMe_ �&ZA yo-i Name and Title Mailing Address: _--,s AAe%o_ 66y 10 __ IIIIII IIIIIIIIIIII III IIIIIIIIIII IIIIII IIIIII�I�III IIII 20011 5 @7 08'GOA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Coupnt�nyof R1U e1rst {� 1 On✓"\ cX5 22oog beforeme,jAktV1 � • 1�1C�� �S NC�t,YY�cI`) �i� Da Name and The of Olfcer(e I.,'9ane Doo,Notary Pu^ b personally appeared �QU+ d H Readv Qvtd �RwIPS ThornpSuvl , Namo(sJ o161gner�s) lk; ersonally known to me Yrn Wdemet— to be the personos whose nameCs) ' are JUDITHANICHOLS subscribed to the within instrument and _01MYCOMM.ExpliresMay,21,2008 Commis &AINI -H&OLS 3acknowledged to me that /the executed NofaryPobllc-Callfomla the same in thetauthorized Rlversblic-Cide my capacity le , and that by -hisltte theiy signatur on the instrument the person, or the entity upon behalf of which the persol-09) acted, executed the instrument. WITNESS my hand and official seal. Slgnar re 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 1) cription of Attached Document Title or of Document: Document Date: Number of Pages: Signers)Other Than Name ove: Capacity(ies) Claimed by Signe Signer's Name: ❑ Individual Tap of humb here ❑ Corporate Off icer—Title(s). ❑ Partner—❑ Limited El General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Assodaron•9350 he Solo AVa,PO.Box 2902•CM1elsworlh,GA 913138402•www nalmnalnoteryorg Pmd No 5907 Feorder Call Tall Frae 1-800876-6B27 — 111111111111111111 III�111111111111111111111111111111111111 e�2A0 15 of 8 191919 15 a£ 31 ALL-PURPOSE ACKNOWLEDGMENT Stateof California CAPACITY CLAIMED BY SIGNER County of Orange ❑ INDIVIDUAL(S) ❑ CORPORATE On May 3 2005 before me, Kargn IR ('rn¢hia OFFICER(S) Date Name,Title of Officer TITLE(S) personally appeared Anna Kri omgp Cl PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) R 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 P OTHER subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s)acted, executed the instrument. l SIGNER IS REPRESENTING: �ih+eSs m hand t to a. J KAREN COM%R.�C432922 EK Krizman Desert i NOTARY PUBLIC-CALIFORNIAQ Signature of otary ORANGE COUNTY n TnV m nt� COMM.EXP.AUG.7-7,20MO7-� -- ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above IIIII IIII IIII I II I IIIIII IIIII III IIII IIIII 07J�1�3 2G0o G31 L6 £ 3 EXHIBIT"A" TRACT MAP 31263 LEGAL DESCRIPTION Tract Map No. 31263, as recorded in Map Book3_, Pages 4O through 41 inclusive, records of Riverside County, California. III II II II I III III III I II I II III I II I I I II 07 17�30f o 81 17 of 31 EXHIBIT "B" TENTATIVE TRACT MAP 31263 CONDITIONS OF APPROVAL IIIIII IIIIIII IIIII III 11111 Hill IIIIII II IIIIII III IIII e7 f395 e as 1 Resolution 20636 Paige 5 EXHIBIT A CASE 5.0948-PD-283 PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PD#283) ' TENTATIVE TRACT MAP 31263 NORTHEAST CORNER OF INDIAN CANYON DRIVE AND FRANCIS DRIVE KRIZMAN DESERT INVESTMENTS, LLC. REVISED CONDITIONS OF APPROVAL JUNE 18, 2003 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief or their designee,depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: 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. la. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,officers,and employees from any claim,action,or proceeding againstthe City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul,an approval of the City of Palm Springs,its legislative body,advisory agencies, or administrative officers concerning Case 5.0948-PD-283 and TTM 31263.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 further indemnification hereunder, 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. 2. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, 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, III I II I I III I I I IIIII IIIIII III III IIIIII III IIIII 07�0�2005s08�@0R Resolution 20636 Page 6 3. If,within two(2)years after the date of approval by the City Council of the preliminary development plan,the final development plan,as indicated in Section 94.03.00(I),has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district and tentative tract map shall expire. Extensions of time may be allowed for good cause. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations,floor plans,roof plans,fence and wall plans,entry plans,landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 4. 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 and Building for approval in a form to be approved by the City Attorney, to be recorded priorto issuance of occupancy permits. 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,The applicant shall submit to the City of Palm Springs,a deposit in the amount of$5,000 for the review of the CC&R's by the City Attorney.An administrative fee of$250 shall also be paid to the Planning Department. A. The CC&R's shall include a provision prohibiting conversion of carports into habitable area. 5. All outdoor storage is prohibited in the carports. ` 6. Separate architectural approval and permits shall be required for all signs. 7. The project shall be developed in two phases. 8. Final landscaping, irrigation,exterior lighting,and fencing plans for each phase shall be submitted for approval by the Planning Commission (see Condition # 3 above) prior to issuance of a building permiticonstruction permits. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern project perimeters,using trees and shrubs.The windbreak shall be installed as residential phases are developed. 9. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.The applicant shalt submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 10. 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 Engineering specifications. II III III 11111111111111111111111111 II III 07 2��2 09 081NH 20 0£ r Resolution 20636 Page 7 11. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building,the equipment heights,and type of screening. Parapets shall be at least 6"above the equipment for the purpose of screening 12. No exterior down spouts shall be permitted on anyfacade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 13. 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. 14. The street address numbering/lettering shall not exceed eight inches in height. 15. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's out sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. The detention basins shall be fully landscaped and designed to provide passive recreation opportunities, to the extent possible. 17. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. For the common areas, trash enclosures shall be required in each recreation area. 18. Details of pool fencing (materials and color)and equipment area shall be submitted with final landscape plan. 19. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces,the main entrance to the proposed pool structure and the path of travel to the main entrance. 20. The Department of Planning and Zoning recommends that the applicant obtain a copy of the publication, Suggestions for Disabled Access Design available through the Department of Planning or the Department of Building in order to consider incorporation of building design features that would enhance handicapped accessibility. 18. Common area pools shall be closed between the hours of 10 pm to 7 am. 19. The maximum,building height shall be 22' measured as the vertical distance plus eighteen (18) inches measured from the average grade at the curb adjacent to the property. 20. The project entry shall incorporate decorative street, landscape and safety lighting. , Decorative lighting at entries shall be pedestrian scale. IIIII II I II III III III IIII I II III III II III 07/13/2095 08:00P Resolution 20636 Page 8 21. Project setbacks shall be as follows: Front yard setback (Indian Canyon Drive)- 30' Side yard setback(Francis Drive)- 16'-6" Rear yard setback (Sunny View Drive)- 16'-0" Refer to R-2 Zone for remaining parking and property development standards, 22. Prior to issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. The amount of fees paid will be determined based on the established state formula for determining construction costs. 23. In accordance with Public Resource Code 5097.94,if human remains are found,the Riverside County Coroner must be notified within 24 hours of the discovery. If the Coroner determines that the remains are not recent,the coroner will notify the Native American Heritage Commission in Sacrament to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 24, A Riverside County-certified archeologist shall be retained to attend pre-grading meetings,The archeologist will carefully inspect the area to assess the potential for 'I significant prehistoric or historic remains. If a site is uncovered, than a subsurface investigation may be needed if the site is determined unique/important for its prehistoric information. 25. Monitoring of rough grading activities bya qualified archaeologist shall be undertaken to ensure protection of any unknown resources. Monitoring should continue until rough grading is completed or the Principal Investigator for Archeology determines that there is no further potential for the project to impact cultural resources. The archeologist shall have the opportunity to temporarily divert of direct earth moving to allow time to evaluate any exposed prehistoric or historic material. Any recovered prehistoric or historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research Interest in the materials such as the Western Center for Archeology and Paleontology (UCR).Should any human remains be discovered, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resource Code Section 5097.98, 'I II III III I III III IIII III II III IIII 07 �tr22 of 31 Riesolution 20636 Page 9 26. Prior to issuance of a grading permit, the developer will develop and submit a dust control plan to the City's Building Official, in accordance with the 2002 Coachella Valley PM-10 State Implementation Plan. The proposed project will comply with the ' provision of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. A plant control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City Building Official and South Coast Air Quality Management District (SCAQMD) for approval prior to the issuance of grading permits. The project applicant shall provide evidence to the City Building Official that the SCAQMD has approved the fugitive dust plan prior to issuance of grading permits. The plant shall specify the fugitive dust control measures to be employed. 27. Cut and fill quantities will be balanced onsite. 28. Parking stalls shall be delineated with a 4 to 6 inch double stripe-hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 29. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 30, Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameterlwidth. 31. Three handicapped parking spaces are required. ' 32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall-be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces,but not less than one(1),shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 33. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces,the main entrance to the proposed structure and the path of travel to the main entrance, Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 34. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 35. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 36. For projects on Major or Secondary thoroughfares,construction of any residential unit ' shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Building Official. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII e�200223 eof 31QGfi Resolution 20636 Page 10 37. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 114% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing, BUILDING 38. Prior to any construction on-site, all appropriate permits must be secured. All Construction shall comply with Title 24 of the California Administrative Code. 39. Outdoor construction activities shall not take place between the house of 7:00 pm and 7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or at any time on Sundays or on a Federal holiday.Time restrictions shall be included in the contractor specifications and shall be verified by the Director of Building and Safety. 40. Proposed structural designs shall comply with provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of California. Compliance with these criteria will be verified by the Director of Building and Safety prior to the issuance of building permits. WASTE DISPOSAL SERVICES 41. The location of the trash enclosures shall be submitted to the waste disposal service for approval. Notification of the waste disposal service's approval shall be submitted to the Department of Planning and Zoning before a Certificate of Occupancy shall be issued. ENGINEERING STREETS 42, Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 43. 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. 02 2002 es' esR R6solution 20636 Page 11 NORTH INDIAN CANYON DRIVE 44. Remove the existing curb and gutter located 32 feet east of centerline and replace with 8 inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of North Indian Canyon Drive and Francis Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 45. Construct the north half of a cross gutter at the northeast corner of the intersection of North Indian Canyon Drive and Francis Drive to match the existing cross-gutter at the southeast corner of the intersection in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 46. Remove the existing asphalt concrete sidewalk and construct an 8 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No, 210. 47. Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of North Indian Canyon Drive and Francis Drive in accordance with City of Palm Springs Standard Drawing No. 212. 48. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over inch aggregate base with a minimum subgrade of 24 inches at 95%relative compaction from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs ' Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using"R'values from the project site and submitted to the City Engineer for approval. 49. An in lieu fee of the.proportionate share of the estimated cost to construct a 14-feet wide landscaped, raised median island from Francis Drive to the north property line shall be deposited with the City. Payment of the in lieu fee shall be made prior to issuance of building permits. FRANCIS DRIVE 60. Remove the existing roll curb located 18 feet north of centerline and replace with 6 inch curb and gutter located 20 feet north of centerline along the entire frontage,with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Francis Drive and North Indian Canyon Drive and at the northwest corner of the intersection of Francis Drive and Sunny View Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 51. Remove the existing cross gutter and spandrel and construct the west half of a 6 feet wide cross gutter at the northwest corner of the intersection of Francis 'Drive and Sunny View Drive with a flow line parallel with and 20 feet north of the centerline of Francis Drive in accordance with City of Palm Springs Standard Drawing No.200 and 206. IIIIIIIIIIIIIIIIII IIIitIIIIIIIIIIIIIIIII II! IIIIII 07 AA 25 2 o£'00531 Resolution 20636 Page•„12 52. Construct two(2)24 feet wide driveway approaches in accordance with City of Palm ' Springs Standard Drawing No.201. The centerlines of the driveway approaches shall be located approximately 170 feet and 450 feet east of the centerline of Indian Canyon Drive, as shown on the approved site plan. 53. Remove the existing sidewalk and construct an 8 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 54. Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Francis Drive and Sunny View Drive in accordance with City of Palm Springs Standard Drawing No, 212, 55. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315, If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. SUNNY VIEW DRIVE '{ 56. Remove the existing roll curb located 18 feet west of centerline and replace with 6 inch curb and gutter located 18 feet west of centerline along the entire frontage,with a 25 feet radius curb return and spandrel at the northwest corner of the intersection of Sunny View Drive and Francis Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 57. Construct five (5) 16 feet minimum width driveway approaches for parking spaces dedicated for Units 21 through 30 along Sunny View Drive in accordance with City of Palm Springs Standard Drawing No. 201. 58. Construct an 8 feet wide sidewalk adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 59. Remove and replace existing pavement with a minimum pavement section oft%inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineerusing"R"values from the project site and submitted to the City Engineer for approval. IIIII IIIII III III IIII IIII IIIII III IIIIIII II II e��0�a 26 of 3f eo f 3f eR hpsoiunon cuosn Page 13 PRIVATE STREETS 60. The on-site private streets shall consist of 24 feet wide two-way streets as shown on ' the approved site plan. All on-site private streets shall be constructed with a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction. Provisions for drainage of private streets, including curbs and gutters, shall beprovided to the satisfaction of the City Engineer. If an alternative pavement section is proposed,the proposed pavement section shall be designed by a California registered Geotechnical Engineer using"R"values from the project site and submitted to the City Engineer for approval. 61. Parking shall be prohibited along private streets except for designated parking areas, 62. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas. SANITARY SEWER 63. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manholes. 64. Extend the existing 8 inch sewer main located in Francis Drive from the existing manhole located east of Sunny View Drive along the entire frontage as required to provide sewer service to the project site, 65. Construct an on-site (private)sewer system to collect and convey sewage through a maximum of three lateral connections to the extended sewer main located in Francis Drive. 66. Submit sewer 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. 67. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. GRADING 68. Submit a Precise Grading Plan prepared by a Registered civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10(dust control)Plan shall be submitted to and approved by the Building Department prior to approval of the grading plan,The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: , IIIIIII IIIIIII HE1111111111111111111111111111111111111 07��02 0of 3100R Resolution 20636 Page 14 A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of current Title Report. E. Copy of Soils Report. F. Copy of Hydrology Study/Report. 69, Drainage swales shall be provided adjacent to all curbs and sidewalks, T wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 70. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional WaterQuality 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 Precise Grading Plan. 71. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars($2,000.00)per acre for mitigation measures of erosion/blowsand relating to his property and ` development. 'r 72. A soils report prepared by a licensed Geotechnical Engineer shall be required for and 1 incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 73, Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 74. In cooperation with the Riverside County Agricultural Commissionerand the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site 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 Soft From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties"(RIFA Form CA-1)or a verbal release from that office prior to the issuance of a grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone; 760-776-8208). 'I III IIIIII III III III III I I II III II II I I III 209 2�0 0703100R rcesutuiiun cuoso Pkge 15 DRAINAGE 75. The developer shall accept all stormwater runoff passing through and failing onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage,structures (if any exist), and to determine required stormwater runoff mitigation measures for this project. Final detention/retention basin sizing and otherstormwater 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 configurations consistent with the findings of the final hydrology study. 76. 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 77, Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch in accordance with City of Palm Springs Standard Drawing No. 115. 78. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,all ' existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas,telephone,television cable service,and similar servicewires or lines,which are on-site,abutting,and/ortransecting,shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission,and service requirements published bythe utilities. The existing overhead utilities across the westerly and easterly property lines meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties,and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required bythe Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. 79. All existing utilities shall be shown on the grading/street plans. The existing and ' proposed service laterals shall be shown from the main line to the property line. IIIIIIIIIIIIIHE11111111111111111111111111111111 III e7200209' 31NA Resolution 20636 Page 16 80. The original grading,street,storm drainage,and other improvement plans approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of the certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 81. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a certificate of occupancy. 82. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 83. 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 84. • The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division. 85. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval.The map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 86. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. Required clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or by relocation of encroachments along the public street frontages. 87. All damaged,destroyed,or modified pavement legends and striping shall be replaced to the City Engineer on the North Indian Canyon Drive,Francis Drive,and Sunny View Drive frontages prior to issuance of a Certificate of Occupancy. 88. A 36 inch "STOP"sign shall be installed in accordance with City of Palm Springs Standard Drawing No. 624 at the project exit. �I III III IN 11111 II 07 z0a z0�5 a31 GOA 30cf 31 Resolution 20636 Page 17 89. A 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole shall be provided and installed at the northeast corner of North Indian Canyon Drive and Francis Drive with the mast arm over North Indian Canyon Drive. ' The developer shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the street light. 90. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California,Department of Transportation,"Manual of Traffic Controls for Construction and Maintenance Work Zones"dated 1996, or subsequent additions in force at the time of construction. 91. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. r _. I IIIIIIIIII III II IIII IIII IIIIII II ICI II 07230 0501ODA 3 31 of 1 BOND NO: 839585S PREMIUM: $100.00 FOR A TERM OF TWO YEARS CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Krizman Desert Investment$ LLC, a California Limited Liability Company (hereinafter designated as in survey "Principal") have entered into an agreement whereby Principal agrees to set certa monuments, which said agreement, dated _, 2005, and iden#ified as Tin a No. 31263, 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. DEVELOPERS SURETY AND NOW THEREFORE,we,the Principal, and INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreementwith respect to the setting of monuments, in the penal sum of Three__ sand 41 001100 dollars ($ OQ0.00), lawful money of the United States, for materials furnished or labor thereon of any kind,orfor amounts due underthe Unemployment Insurance Act with respect to such work or labor, andforthe completion of said setting of monuments,that saidsuretywill paythe 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 30$2)of Part 4 of Division S 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 atteration 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 theirtrue 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 orsurveyor,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, than this obligation becomes null and void: otherwise it shall be and remain in full force and effect. As a part of the obligation $poured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney'$fees, incurred by the City in successfully enforcing such obligation,all to be taxed as costs and included in anyjudgment rendered. i Monumentation Sond Page 2 The surety hereby stipulates and agrees that no Change, extension of time, addition to the terms of the agreement or to the work to alteration or be pertemted thereunder or the Specifications accompanying the same shall in any way affect its oblig3tfons on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to of the Agreement or to the work or to the Specifications, the tarrn8 IN WITNESS WHEREOF this Instrument has been duty executed by the Principal and Surety above named, on APRIL 21 , 2005. PRINCIPAL Krizman uassrt Investments LLC, a California Limited Liability Company By: l r/ Signature gy; Vl2 f 1�I/ MF hl Name and Title SURETY By: DEVELOPERS SURETY AND INDEMNITY By: (Surety Name) COMPANY Atto ey in-Fact JANET L. SHAW (All Signatures Shail Be Notariz .f ALL-PURPOSE ACKNOWLEDGMENT State of (91 G1//^�,. 1/ 1117 CAPACITY CLAIMED BY SIGNER County of �iG�Y1f'�i° ❑ INDIVIDUAL(S) ❑ FS)befo OFIER(S Date y"�l Name, Ti e of Officer TITLES) personally appeared ❑ PARTNER(S) NAME(S)OF SIGNERS) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ersonally(mown 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 OTHER subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Iris/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which the ersons(s)acted,executed the instrument. SIGNER IS REPRESENTING: Wim ry d KAREN R. SBIEC C� COM k#1132922 G� �, - NOTARYPUDLIC-CALIFdRNIAQ Signature f Nota ORANGE COUNTY 0 COMM.EXP.AUG.27,2007+ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE]DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above STATE OF CALIFORNIA LOS ANGELES I SS. COUNTY OF on April 21, 2005 before me, DEBRA K. BELL, NOTARY PUBLIC PERSONALLY APPEARED JANET L. SHAW personally known to me ( a Isxarxet3 xu�g� Nl¢ tKXxXzk 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/ `' DEBRA K. BELL their signature(s) on the instrument the person(s), or the , Comm(sslon '. 1A3000� �„ (Alotanj Plabl;c -Californla ,- entity upon behalf of which the person(s) acted, executed LOS PJAGELES County My Comm Expires 30 2 the instrument. ,� s-� A 007—r WITNESS my hand and official seal. Signature C (� This area for Official Notarial Sea! 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 TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED El GENERAL ER ATTORNEY-IN-FACTNUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE m-osl Rev.6/9a ALL-PURPOSE ACKNOWLEDGEMENT t - POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby male,constitute and appoint ***Cindy L. Ridley, Cheryl Caiger, Cassie J. Berrisford, Christopher J. Rizzotti, Debra Bell, Janet L. Shaw, Scot Drake,jointly or severally*** as then true and lawful Attorncy(s)-in-Fact,to make,execute,deliver and acknowledge. for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surctyship giving and granting unto said A[tontcy(s)-in-Fact fall power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Allorecy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority ofthe following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chaimtan of the Board,the President and any Vice President of the corporation be,and that Cecil of them hereby is,authorized to execute Powers of Allomcy,qualifying[tic attomcy(s)named in[he Powers of Attomcy to execute,on behalf of the corporations,bonds,undertakings and contracts of surctyship,and that the Secretary to any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomcy in to any certificate relating thereto by facsimile,and any such Power of Attomcy or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these present's to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February,2005 By. AND )MpANVOq Dawd1-I.Rhodes,Executive Vice-Presdcnt . /Np GL 30Ji Go�P OR'72.`s�2's hN CaOPp DRATF r =tee; OCT. CT.5 ° -^ a c 10 1ss7 By Waller A.Crowell,Secretary ...... o P,...*�-a••.r (/FOP STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February I,2005,before me,Nita G.Hdfntcym,personally appeared David H. Rhodes and Walter A Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to he[lie persons whose names are subscribed to the within mstmmenl and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entry upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. NITA O.HIFFMEYER COMM.8154a481 e NOTARY PUBLIC CALIFORNIA� Signature e� ORANGE COUNTY N '1 QpMy mine.expires Jan.70,2009It CERTIFICATE The undersigned, as Executive Vice-Picsrdent, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing rowel of Attomcy remains in fidl force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Ducctors o'said corporations set forth in the Power of Attorney,are in force as of the dale of this Certificate This Certificate is executed in the City criteria,Caldomia,thc2 tat day of AJIYI , 2005 By David L.Kerrigan,Executive Vicc-Presrdcnt ID-1390(Rev.2/05) 4G� Ir'SC%1C0 �p DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act,and the effect,if any,the Act will have on the premium charged for this bond. Under this program,the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$1,000,000,000.00 for which the Federal Govennment or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance,including sleety insurance. The Act does not,however, create coverage in excess of the amount of the bond,nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond,or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (949)263 3300 www.InscpDico.com ' ID-1498(Rev.4/03) BOND NO: 839584S PREMIUM: $8,400.00 FOR A TERM OF TWO YEARS CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Krizrnan Desert Investments LLC, a California Limited Liability Company(herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements„which said agreement, dated , 2005. and identified as Tract Man No 31263, is hereby referred to and made a pert hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. DEVELOPERS SURETY AND NOW, THEREFORE, we,the Principal and INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"}, in the penal sum of Three Hundred Fifty Thousand and 00/100 dollars ($ 50 000. 0) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents, The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, Incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it 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 21 2005, PRINCIPAL Krirma/n desert Investments LLC, a Cdlifomia Limited Liability Company By: Si"g�n�ature 1n Name and Title U SURIwTY By; DEVELOPERS SURETY AND INDEMNITY (Surety Name) COMPANY Atte ay-in-Fact J ET SHAW (All Signatures Shall Be No ed) ALL-PURPOSE ACKNOWLEDGMENT State of- 0)9✓r//COleoa CAPACITY CLAIMED BY SIGNER County or 02jo///G ❑ INDIVIDUAL(S) ❑ CORPORATE On , ' -A before me, C - ..J^ /d% OFFICER(S) at Name, Ti e f Officer TITLE(S) personally appeared Z ❑ PARTNER(S) NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) pCiY ersonally known to me-OR- ❑ SUBSCRIBING WITNESS i ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are OTHER subscribed to the within instrument and acknowledged to me that he/site/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the ' person(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: Wit y nd a d ofb� &� KAREN CMM P �RO�BIE0TARYPUBLIC-CAUFORNIAnSignature of No ORANGE COUNTY OMM EXP.AUG.27,2007+ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above STATE OF CALIFORNIA SS. COUNTY OF LOS P.NGELES On April 21, 2005 ,before me, DEBRA K. BELL, NOTARY PUBLIC PERSONALLY APPEARED SANET L. SHAW personally known to me 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/ J sr y f)EP{?A gtL0_ -!.. "- '; Cornnmsvlon 5i 1n000II4 theirtsignature(s) on the instrument the p15ohthe t � r, Not ry Public California person(s), J nSj9 "`s ) OS R,HG)_LES Count entity upon behalf of which the person(s) acted, executed Y _ My Como')Expires JUL 30, 2007i; the instrument. `-\- WITNESS my hand and official seal. 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 TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT BOND NO: 839584S PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the'City Council of the City of Palm Springs, State of California, and Krizman Desert Investrrientr LLO, 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, 31263, Is hereby referred to and made a part hereof; and WHEREA'S,'under the terms of said agreement,principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference Is made In Title 15 (commencing with Section 3082)of Part.4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly, bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Hundred Seventv-Five Thousand and 00/100 dollars ($175 000.00 ,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 bona, 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 Band Page 2 IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named, on APRIL 21 p0pg, PRINCIPAL Krizman Desert Investment, LLC, a Callfcrnla Limited l iablllty Company k3y: Sign�a�tun Sy: � a��a� 42 l �,�w Name and Title� SURETY By,DEVELOPERS SURETY AND INDEMNITY (Surety Norte) COMPANY 'Ie ey-In-Fact . SHAW(All Signatures Shall Se ) ALL-PURPOSE ACKNOWLEDGMENT State of I �I �I�2�/� CAPACITY CLAIMED BY SIGNER County of d/cl�ts�G ❑ INDIVIDUAL(S) ��/1 ❑ CORPORATE On f/ .J"� befor me, �.f OFFICER(S) ate /?ame, Title of O rcer TITLE(S) personally appeared �L� ❑ PARTNER(S) NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) 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 THER subscribed to the within instrument and acknowledged to me that he/she/they executed the same hr �/J� - his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s)acted, executed the instrument. SIGNER IS REPRESENTING: Wi banda a. r KAREN R. CROSBIEK 0 NOT,CO�IIGCAII522 ORfaA� Signature of ry Zi ORANGECOUNTY n COMM.EXP.AIIG.27,2W7+ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On April 21, 2005 before me, DEBRA R. BELL, NOTARY PUBLIC PERSONALLY APPEARED JANET L. SHAW personally known to me (➢I $[ y} BiR}X�[X% 8d to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ f "^I^ DESf?q pte SELL their signature(s) on the instrument the person(s), or the ( a- Co�n� sslon ; 1 1C0024 4 entity upon behalf of which the person(s) acted, executed if nlO� o�GPL aCCo)unty the instrument. _-� :%r:r_ '� My CommFt(plresJ"UL30,20071�.r WITNESS my hand and official seal. Signature"' / L' ��� This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENT"(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT y BOND NO: 839584S PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Klizman Desert Investment$ 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. 31263, is hereby referred to and made a part herecf; 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 ordefective 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(hereinaftercalled"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. DEVELOPERS SURETY AND NOW THEREFORE, we,the Principal, and iNpEMITy coMPANY as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1)year from and afterthe date of completion and acceptance of said work, in the penal sum of Fifty-Two Thousand Five Hundred and 001100 dollars($ 500.00, 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 ofricers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. y 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 ee 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 he performed thereunder or the specifications accompanying the same, shall inanyway 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 orto the specifications. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on APRIL 21 2006. PRI NCI PAL Krizman Desert Investrncnt, LLC, a California Limited Liability Company Signature By: �^ll 20� 1� \ !J �A"�V�/A Name and Title U SURETY BF DEVELOPERS SURETY AND INDEMNITY ay, (Surety Name) COMPANY Z t rn -fn-Fact SANE L. SHAW (All Signatures Shall Be Notariz ALL-PURPOSE ACKNOWLEDGMENT State of C%/7L�/F��Oq�2./��/7 CAPACITY CLAIMED BY SIGNER County of _(J/G!7// i ❑ INDIVIDUAL(S) 1-1��22 CORPORATE On AW before me, ��,fs/��/ , OFFICER(S) Date fJ XLZA Titlg of Officer TITLE(S) /��personally appeared /Ji /!� I ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ersomlly known to me-OR- ❑ SUBSCRIBING WITNESS ❑ gVARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are OTHER subscribed to the within instrument and acknowledged to me that he/she/they executed the same in �//J/ his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted, executed the instrument. _ SIGNER IS REPRESENTING: Wit i d and tal s KAftEN R. COMM.f 1432422 ^`N01.%,RYP000C-CALIf-0RNIA0 Signature of otary - ORA14GE COLINIY COMM.EXP.AUG.27,2007 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On April 21, 2005 before me, DEBRA K. BELL, NOTARY PUBLIC PERSONALLY APPEARED JANET L. SHAW personally known to me (NCX�Ctx�tiX� &1 1X}KX% & 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/ hir authorized capacity(ies), and that by his/her/ their tsignatu e(s) on the instrument the person(s), or the f z s N lcsA I ROLL entity upon behalf of which the person(s) acted, executed "a IamT`:,J' hI°tnry public Californoa the instrument. e) _ My A+'JGELES Coungy ,,;',. Comm CuplresJUl_90,200717 WITNESS my hand and official seal. " 1 Signature I\ t 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 TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint '"'Cindy L. Ridley, Cheryl Caiger, Cassie J. Berrisford, Christopher J. Rizzotti, Debra Bell, Janet L. Shaw, Scot Drake, jointly or severally*** as their line and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,f'or and on behalf of sold corporations,as sureties,bonds,undertakings and contracts of suretyship giving and creating unto said Atmmcy(s)-in-Fact full power and authority to do and to perform every act necessary,mgmsllc or proper to be done in connection therewith as each of said corporations could do,but reserving to each ofsard corporations full power of substitution and revocation,and all of llro acts of said Anorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsmidc under and by authority of the following resolutions adopted by the respective Board of Ducctors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,cllbctive as of November 1,2000' RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers ofAttorncy,qualifying the attorncy(s)named in the Powers of Alomcy to execute,on behalf of the corporations,bonds,undertakings and contracts of surotyshrp;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest lire execution orally such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of AUorncy or to any eerfificam relating that to by facsimile,and any such Power of Attorney or eel tifncatc bearing Such facsimile signatures shall be valid and binding upon the cmporation when so affixed and in the future with inspect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused those present's to be signed by their respective Executive Vice President and arrested by their respective Secretary this 1st day of February,2005. By a David H.Rhodes,Executive Vice-President ?FOt�.�AN..1".OF°s GOMPAN P O,t• pPPO t gg2,9 R r cu= 10 1967 By.Walter A.Crowell,Secrets 1936 3c Opp(/FOPS „*„ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1,2005,before inc,Nita G.Hiffincycr,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me inn the basis of satisfactory evidence)to be din persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their siguamres on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal NITA O.HIFFMEYER COMM.41643h81 NOTARY PU6LIO CALIFORNIA�c Signature e� ORANGE COUNTY N My maim.expires Jan.10,ZOti9 It CERTIFICATE The undersigned,as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power ofAttorncy remains in full force and has not been revoked,and furthermorc,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttorncy,are in force as of the date of this Certificate This Certificate its executed it,the City of Irvine,Cali forma,the 215t day of April , 2005 By David L.Ken igan,Executive Vice-President ID-1380(Rcv.2/05) 4G� IrISCC�7jIC0 DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk.Insurance Act of 2002 created a three-year program under which the Federal Government will share,in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act,and the effect,if any,the Act will have on the premium charged for this bond. Under this program,the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism,as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. 1.usurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance,including surety insurance. The Act does not,however, create'coverage in excess of the amount.of the bond,nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,GA 92614 (949)263 3300 www.lnsmoim.com ID-1498(Rev.4/03)