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04999 - MOUNTAIN GATE II PALM SPRINGS VENTURES LLC TM 32028 SUBDIVISION IMPROVEMENT NE CORNER GATEWAY DRIVE HWY 111 CENTURY VINTAGE HOMES
Page 1 of 1 Kathie Hart From: Carol Templeton Sent: March 18, 2008 4.64 PM To: Kathie Hart Subject: RE: A4999 -SIA w/ Mountain Gate --Tract 32028 (Final Phase) Hi Kathie, Yes. But do not close the TM32028-1 file. Thanks, Carol Templeton, Engineering Associate o��� City of Palm Springs Engineering Division Direct(760) 323-8253 Ext. 8741 Fax (760) 322-8350 or 322-8325 \ Carol,Templeton@palmsprin�s=ca http://www.geode.usicodeslpaimsprin-stview pj- p �• CONFIDENTIALITY NOTICE—This e-mail transmission,and any documents,files or previous a-mail messages attached to it may contain information that Is confidential or legally privileged.If you are not the intended recipient or a person responsible for delivering it to the intended recipient,you are hereby notified that you must not read this transmission and that any disclosure, copying, printing,distribution or use of any of the information contained In or attached to this transmission is STRICTLY PROHIBITED If you have received this transmission In error, please immediately notify the sender by telephone at(760)323-8253 X8741 or return a-mail and delete the original transmission and its attachments without reading or saving In any manner From: Kathie Hart Sent: Tuesday, March 18, 2008 4:53 PM To: Carol Templeton Subject: A4999 - SIA w/ Mountain Gate Tract 32028 (Final Phase) Carol: May I closed this file? elze-16 Kathie Hart, CW Chief deputy City Clerk City of Palm Sprigs 3200 Tahqudz Canyon way f alm SpnggS, CA 92252 Kafhre Harr@palmsprings-cagov Office (760)323-8206 03/18/08 /pF � � i .k. '° City of Palm Springs i[7, Uclt.u'unent Of Public Works and Enginecrin +rne jOG:fa� :6 �, \F ✓ 4'lll) I. 'Ia6,pure Gwy,m \C',,y P,dm Slv mqa, C.ILlin nl r y"G..] \•q��� raa (700) )22•6,60 • \Vull ugl�il.pahrl-sprirw,cnu: March 12, 2008 Arch Insurance Company 135 N. Los Robles, Suite 825 Pasadena, CA 91101 Attn: Surety Department Re: Tract Map 32028 ("Mountain Gate II: Final Phase) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Mountain Gate II Palm Springs Ventures, LLC, related to Tract Map 32028 have been fully satisfied. The Maintenance and Warranty portion of the bonds can now be released. The following subdivision security required by the agreement may now be released: Warranty Bond; Bond No. SU5011556; $0.00 (part of Faithful Performance Bond) If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Cc: Dons Benoit,Century Vintage Homes-via facsimile:(809)383-9088;Ma!lmark&Associates,Attention:Tam Tyree,8337 Telegraph Rd, Ste 200,Pico Rivera,CA 90660,James THompson,Cqy Clerk, TM32028 file '3• m � _< �C7 C7 CJ >� 7Z CZ b J G _ cn Cn Post Office Box 2743 • Palm Springs, California 92263-2743 Mountain Gate II PS Ventures LLC Subdivision Improvement TM 32028 AGREEMENT#4999 DOC is 2004—IOOZZ I O R 21145, 11-17-04 12/17/2004 08:00R Fee:NC Page 1 of 37 Recorded in Official Records County of Riverside Gary L. Orso PLEASE COMPLETE THIS INFORMATION I Assessor,ICountyIIIII IIII IIIIII IRecorder e IIII IIII j ' RECORDING REQUESTED 9Y: AND WHEN RECORDED MAIL TO: RETURN TO: Lr s U PAGE DA 'GOR NGcoR w Last, CITY CLERK 3-7 r - CITY OF PALM SPRINGS BOX 2743 PALM SPRINGS,CA 92263 A R L COPY LONG REFI NCIIG SPACE ABOVE FOR RECORDER'S USE ONLY C7 1 I 1 Subdivision Improvement Agreement - Mountain Gate II - TM 32028 Title of Document THIS IREA RE � �— " US ONLY r THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STCSCSD 936e(Rev W7) SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and MOUNTAIN GATE II PALM SPRINGS VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY IIII II I I II IIIII II II III I II II 200 za 6N sle izea 2 0£ 8 TABLE OF CONTENTS 1.Construction Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Intent of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Survey Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Performance of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5 Release of Security Instruments 8 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 8 IIII IIIIII II II IIII II II IIII IIIIIIII (IIII II IIII i2 2A03 0©�3810NR 1 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.1 Remedies Not Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.2 City Right to Perform Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.3 Attorney's Fees and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.1 Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.2 No Third Party Beneficiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10.3 Entire Agreement; Waivers and Amendments . . . . . . . . . . . . . . . . . . . . 10 11. Corporate Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 I IIIIII IIIIII I III IIII II II IIII IIIIIII III IIiII IIII IIII IV17/P004 2AN of 38100R 11 4 I SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 4th day of November , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and MOUNTAIN GATE II PALM SPRINGS VENTURES, LLC, a Delaware Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the ownerof, and has obtained approval of a subdivision map for Tract Map No. 32028, 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 for public use for public utility and sewer purposes, those easements shown as "10' PUE" along and adjacent to all private streets; easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots"A"through "E" inclusive; easements for public utility and sewer purposes over Lots "F" and "G"; and City desires to accept said public dedications 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 $1,650,000.00. III IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2005 of?7 12/17/2994 08 GOA t 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 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. IIIIII 111111 Pill IIII Hill IIII IIIIIII III pill IIII IIII 12 20�6 of 37100R 2 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site, Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractors) 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 workto the standards required hereunder. Inspection or supervision bythe 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 Subdividerorthe contractorof any obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork 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 II�III IIIIII�IIIII IIII IIIII IIII IIIIIII III IIII IIII IIII 12 20047/ 04 20 of 38100Fl 3 shall then be the same as specified above for the contractor's initial request for final 'inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasinq Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time forcommencement 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 2 a0 11111111111111111111111111 III 1111111111111 12 8 0 f 37i@@R 4 its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreaqe. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 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 laborstandards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 11111111111111111111111 II 12 Q�8 0Q 37 a810�R 5 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 $1,650,000,00 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 $825,000.00 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 $15,750.00 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 delivera 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$247,500.00 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 required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in IIIIIIIIIIIIIIIIIIIIIIIIIIII31111111111111IIII11111 12260la of037�6eR 6 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 bean assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe 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, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured 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 IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII ie20@4-1 0f 77e 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 CitV 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 IIIIII IIII I 11111111111111111111111111111111111111 III ier 00 e0 of 7eeR 8 Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action,taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. IIIIII IIIIII 111111111111111111111111111111111111111111 12/17�20 0013 of 37GOA 9 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct. 10. General Provisions, 10.1 Successors and Assiqns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third 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, (11) 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) II I'I II II II II II IIIIII II HIM I II 12'2004-1 l720 408;90R t 14 of 37 NOTICE OF SPECL4,L MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On October 13,2004 at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a California limited partnership WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes. WHEREAS,the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"). WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Mike Reed, Elizabeth Williams, Stephen Long, Sharon Merritt, Kevin Manning, Jerry Herman and Debi Myers. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Sr.Vice President, Bob Hill, Kenny Felkel,Mike Reed or Tony P. Scimia acting as Assistant Secretaries, signing alone or, if required, either Gary Weintraub, Bob Hill, Kenny Felkel, Mike Reed or Tony P. Scimia, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, surety bonds, and all documents relating to same,in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia,Kenny Felkel or Mike Reed are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Candace Trude, Bob Hill, Kenny Felkel, Mike Reed or Wanda Robinson are authorized to sign on behalf of the Corporation, as general partner of Century Crowell,acting in its capacity as Managing Member or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement (i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow hist-uctions, Deeds of Trust,Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. Up�Minums4ocpomlW 10801.doc I III I IIIIII IIIIII IIII IIIII IIII IIIIIII III IIIIII III IIII 12 E0�4 50 f 3 00R 1 � RESOLVED, that John Pavelak, Gary Weintraub, Wanda Robinson, Tony Scimia, Bob Hill and Kenny Felkel are authorized signers on all deposit accounts (checking, savings, time certificates, etc.) and that two (2) signatures are required on all of the before mentioned deposit account as regards all checks, withdrawal instruments, etc., drawn on the accounts. RESOLVED, that Gary Weintraub, George Mooradian, Kenny Felkel or Mike Reed are authorized signers on all Recorded Tract Maps on behalf of the Corporation, as general partner of Century Crowell. RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION,CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: October 13, 2004, ATTEST: J John .Pavelak,President t ary mtraub,Assistant Secretary 1 fI11 I 441I1I I 2004-1003310 mlminines\ce.F 12�17?1fi 0R nd010901 he I 411�1�lll`I�IIIII`III `IIII II��IIII�II���II�I�I III II I of 37 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 4th day of October, 2004 before me, Doris A. Benoit, Notary Public, personally appeared Gary Weintraub, Sr. Vice President, personally known to me, to be the person who's name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DORISA.6ENOf4 r Commission#1310451 .i .� Notary Public-California 3� Signature of Notary Public san F ernardino County My comm.E)Tires Jun 24,2005 THIS AREA LEFT BLANK INTENTIONALLY III II II II III II II 1111111111111 II II III III III t�2 01 a0�a 37 008 17 of 37 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Kathie Hart,- ActingCity Clerk David H. Ready, anager RECOMMENDED BY: APPROVED BY THE CITY COUNCIL City Engineer H �999 SUBDIVIDER: MOUNTAIN GATE II PALM SPRINGS VENTURES, LLC, a Delaware Limited Liability Company (Check One: _individual, _partnership, _corporation) BY: Century Crowell Communities, L.P., a California Limited Partnership, its Development Management Company BY: Century Homes Communities, a California corporation, General Partner By: ignature By: Gary Weintraub, Sr. Vice President Name and Title Mailing Address: 1535 South "D" Street, Suite 200 San Bernardino, CA 92408 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 12 2172610488:e0F 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ff ss. County of R1��r.51 6P ff \I .t_ on �eQ;EM6er � ?00t4 before me, J-UA'k1 k P1• �kC,41oIs 1OhJrr 1 1j(-L We II r Name and The d OHlm(e g,"Jano Do9(Nolary Publlc') personally appeared D(2 V I N 14 . I C l° tv y (,t Vt at h 1 P H Q r T Names)of SignerO) B`p'arsonally known to me M-proved--to--me on ihu bdbib of aatisra ry evidence—to be the person(s1 whose name i ar 011 , JUDITHANICHOLS subscribed to the within instrument and Cornmbslon#1487823 I acknowledged to me that ey executed Notarypubec_CW � i the same in .Ier e(r authorized RNersideCouny capacity ie and that byh e'COmm•EVI1esMay21,20M. signature(s) on the instrument the person , or the entity upon behalf of which the persores acted, executed the instrument. ITNESS my hand and official seal. () f7 . �, SlgneWro of No ry P Ilc OPTIONAL Though the information below 1s not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Do 1 Document t Title or Type of Document: Su k It V 1 s 1 0 VA .�VI'1 V r o v'e mY Pk11 �O'rr',P f rrle✓1T Document Date: N OU e Vh b e 1-7�41 Z.0() 4 Number of Pages: /1�_ Signer(s) Other Than Named Above: 1 JCtV I i1 ra kicw a nA Gary W ei ht ? Capacity(ies) Claimed by Signer Signer's Name: D VA IA . Rea S y rivlA �jQtk+ e rf Q rT ❑ Individual /`f CI I h,,Q- raP of thumb here 9q Corporate Officer—Title(s): �� mw c C e f- I C,1 fi y CDe r k ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: C Signer Is Representing: 'tlA e Crty 0� TwlM Y10f s 01999N bool Notary A.oma0on•9350 Do Solo AV.,P.O.Box2402•Chatmodh,CA91313-2n02-w natlonalnolaryorg Prddd No 59D7 Reorder.Call Toll-Free 1-900-8766827 111111111111111111111111111111111111111111 IIII IIII 12?AF 19 of 37©0R EXHIBIT "A" TRACT MAP 32028 LEGAL DESCRIPTION Tract Map No. 32028, as recorded in Map Book, Pages through /016 inclusive, records of Riverside County, California. IIII IIIIII IIIIII III illll III I III III IIIIIII II III 12 2AA 20 2 0of 37 0R EXHIBIT "B" TENTATIVE TRACT MAP 32028 CONDITIONS OF APPROVAL iiiiii iiiiiiI II 111111111 lill IIIIIIIIIII 111111111111 III 12 1�702 of 3796 ,4 7/d1 w x tF�Uy� • ZOZ _ .3ja z:. R, EXHIBIT A pnare VQ A�pRoy���e ✓i.^rtr, �, CASE 5.0931-13, PD-279gai PRELIMINARY PLANNED DEVELOPMENT DISTF �RQ #279)\3� 4c/� ., TENTATIVE TRACT MAP 32028 NORTHEAST CORNER OF GATEWAY.DRIVE AND HIGHWAY CENTURY VINTAGE HOMES, INC. ';�,F CONDITIONS OF APPROVAL July 7, 2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative: la. 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. 1b. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0931-B, PD-279 and TTM 32028, The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 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 IIII I III I I II IIII IIIII III III III I IIIIIII IIII iz/10/2 as©ea 7 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. 3. The applicant prior to issuance of building permits for the 196 unit project component shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") in compliance with the Phase I component of the Mountain Gate projec 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 prior to certificate of occupancy. 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 $2000, for the review of the CC&R's by the City Attorney. A $585 filing fee, or the fee in effect at the time of submission, shall also be paid to the City Planning Department for administrative review purposes. 4. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1.2% for commercial projects or '/% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based 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. 6. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library and cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under authority of Ord. C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right of protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. Environmental Assessment: 7. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative III I II IIII III IIIII II IIII II 111111111111111 III 12�AD 23 2P of 3700R J declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures.are as follows: Aesthetics: a. All outdoor advertising shall be banned adjacent to the project site. Signage that was approved in the Phase I component of the review process shall be maintained. No new signage shall be added in any form that includes the following but not limited to: monuments, banners, flags. b. The landscaping adjacent to Hwy 111 of the Phase II component shall be comprised of perennial plantings of desert drought-resistant species. Air quality: a. The applicant shall comply with Section 8.50 of the Palm Springs Municipal Code, Fugitive Dust and Erosion Control (PM-10) and prepare and submit a plan to the Building Department to control fugitive dust emissions in compliance with the South Coast Air Quality Management District (SCAQMD). The plan must implement reasonable available control measures to ensure that project emissions are in compliance with the SCAQMD. Cultural Resources: a. A Cultural Resources Monitor, designated by the Agua Caliente Cultural Resource Office, shall be present during all ground-disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indians Cultural Office for additional information on the use and availability of Cultural Resource Monitors. b. Should buried deposits be encountered, the Cultural Resources Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Aguat Caliente Cultural Resource Coordinator for approval. c. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. d. Pipeline alignments shall be carefully documented by the archeological monitors on site when pipeline segments are uncovered in the course of excavation and construction. e. Consultation with the Agua Caliente Band of Cahuilla Indians Cultural Resource Office shall occur to determine the further treatment of the rock ring site. Geology and Soils: a. A, soils test will be required as part of the final engineering. All site grading, compaction, building pad construction, and foundations will be per the recommendations of a licensed geotechnical engineer. All earthwork and foundations shall be inspected to assure compliance with the engineer's recommendations. b. All structures shall be designed to applicable seismic standards per the State of California Uniform Building Code. III II II III II III II II II II II II II I I II III 12 17/2004 37 o 24 £ 37 c. All grading will be performed in accordance with a grading permit issued by the City of Palm Springs. d. An erosion control plan will be prepared and implemented during construction. e. A PM10 Plan will be prepared to mitigate dust generation resulting from winds and vehicle/personnel activities. f. Prior to the issuance of grading permits, the developer must comply with the rules and regulations of the South Coast Air Quality Management District (SCAQMD) relative to dust mitigation including Rules 402 and 403. g. See AIR QUALITY for full air quality mitigation. Hydrology and Water Quality: a. Payment of Drainage Acreage fees shall be required prior to issuance of building permits for implementation of the Master Plan of Drainage for the Palm Springs area. b. The development shall comply with the recommended measures as outlined in the Hydrology Report, as finalized and approved by the City Engineer, including but not limited to construction of an on-site storm drain system and retention basins. Noise: a. Proposed single-family detached residential development adjacent to State Highway III shall be evaluated by a qualified noise consultant at more detailed levels of planning to ensure that adequate noise attenuation strategies are incorporated to meet the Palm Springs noise standard of 65 CNEL in outside living areas and 45 dBA in interior living areas. The project applicant shall demonstrate to the City's satisfaction that the required shielding shall be incorporated in the project design, prior to the issuance of building permits. b. Construction shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays with associated sound barrier screening. No construction shall occur at any time on Sunday or a federal holiday. These days and hours shall also apply to any servicing of equipment and to the delivery of materials to or from the site. c. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. d. All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. e. Stockpiling and vehicle staging areas shall be located as far as practical from noise- sensitive receptors. f. Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located as far as practical from existing homes. g. Every effort shall be made during construction activities to create the greatest distance between noise sources and noise-sensitive receptors located in the vicinity of the project site. h. Stationary equipment should be placed such that emitted noise is directed away from noise-sensitive receptors. i. Future on-site development shall comply will all relevant noise policies set forth in the Noise Element of the General Plan. Public Services: a. All residences shall be equipped with fire sprinklers per the requirements of the Fire Marshal. II III I I II II II III III III II III 1220025 or s aeR 25 4 37 b. Prior to the issuance of a building permit for residential construction the developer shall pay a school impact fee based on the current rate as adopted by the Palm Springs Unified School District. Recreation: a. In accordance with City Ordinance No. 1632 and the State of California's Quimby Act, the proposed residential development shall be required to pay in lieu mitigation fees to facilitate the further development of park and recreation facilities at a local level. Transportation and Traffic: a. The final design of the internal circulation and site access plans shall be subject to the review and approval of the City Engineer to ensure compliance with City access and design standards. b. The applicant shall dedicate appropriate right of way to accommodate the ultimate improvement of master planned roadways on or adjacent to the project site. c. State Highway 111 shall be improved to City and/or CalTrans design standards adjacent to the project site. Adequate off-street parking shall be provided on-site to meet the requirements of the Palm Springs Municipal Code. d. A fair share contribution shall be made towards the future signalization of Indian Canyon Drive and Tramview Road. e. The applicant, shall pay all required Transportation Uniform Mitigation Fees (TUMF) prior to issuance of building permits. Final Desiqn: 8. 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(1), 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 94.03.00 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. 9. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning &Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down- lights shall be utilized. a. If lights are proposed to be mounted on buildings, dour lights shall be utilized. b. A photometric study shall be required for all parking areas, driveways and entries. IIIIII IIIIII IIIIIIIIIIIIIIIIIII IIII IIIIIIIIIII III 12 B?a 000 3 26 of 32 ' I r C. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). Architecture and Landscapinq: 10. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the .Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 11. 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. 12. No exterior down spouts shall be permitted on any fagade on the proposed building(s)that are visible from adjacent streets or residential land commercial areas. 13. The maximum building height shall be 18' measured as the vertical distance plus eighteen (18) inches from the average grade at the curb adjacent to the property. 14. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 15. The street address numbering/lettering shall not exceed eight inches in height. 16. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 17. The developer shall prepare and submit for approval with the final landscape plan a plan for the landscaping of the channel between the Phase 1 component and the Phase 11 component of the project. 18. The path of travel to the common recreation/pool area shall be compliant with the disabled access codes. 19. The restrooms at the Recreation/Pool area shall comply with disabled access codes. 20. Common area pool hours shall be closed between the hours of 10pm and 7 am. 21. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The developer shall be responsible for completed front yard landscape, irrigation and exterior lighting plans. In addition, rear yards shall be landscaped within 90 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement. 22. Project setbacks shall be as follows: Front Yarn: 20' Side Yard — Interior Lot 5' Side Yard — Corner Lot 10, Rear Yard 15' 1111111111111111111 ���� �� III ���� II 12 00 27 ea eeR 27 of 37 ' E f 22. The minimum house size shall be 1,208 square feet, with a mix of housing sizes up to 2,778 square feet. Larger residences may be permitted as long as the building footprint is consistent with setback and lot,coverage requirements. The maximum lot coverage shall be 48% of the net lot area for the 200 series residences and 45% for the 100 series residences. Maximum lot coverage shall not be exceeded. 23. Turf shall be limited to active recreation areas (including private yards). 24. Additional trees shall be added to the street trees on the project perimeters and in front yards. 25. The utilization of desert vegetation shall be incorporated throughout the project site. General/Gradinq: 26. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 27. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 28, Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6" deep. The irrigation system shall be tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. Parkin : 29. One handicapped accessible parking shall be provided adjacent to the recreation/pool area. It shall be van accessible. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces and the path of travel to the entry ways. 30. Standard parking spaces shall be 17 feet deep by 9 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One handicap space shall be designated as "van accessible" and served by an 8 foot walkway on the right side. 31. Handicapped spaces shall by appropriately marked per Section 93.06.00 ( C) (10). 32. Parking stalls shall be delineated with a 4 by 6 inch double stripe or equivalent design — hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT II�III�IIIII IIIIII III �II�I IIII IIIIIII III 111111111 IN 12 2OA Ze0 of 3700fi 1. Prior to any construction on—site, all appropriate permits must be secured. FIRE 1. Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 2. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13' 6". 3. Locked gate(s) shall be equipped with a KNOX key switch device or Key box. •Contact the Fire Department at 323-8186 for a KNOX application form. (902.4 CFC) 4. Project is beyond five-minute response time from the closest fire station and therefore automatic Fire Sprinkler System is required. 7. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 8. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13' 6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 9. An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 10. Residential fire hydrants shall be installed in accordance with DWA or Mission Springs Water District specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants. I ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. PHASES 1 - 2 STREETS IIIIII IIIIII IIIIII IIII II II IIII IIIIII II IIIIIII II IIII 12/1A029 of 37@0R f ) 1. 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. 2. Any improvements within North Palm Canyon Drive (State Highway 111) require Caltrans permits and approval of construction plans for all work done within State Highway 111 right-of-way. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. 3. Submit street improvement plans for all proposed streets to the Engineering Division. The plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of any building permits. NORTH PALM CANYON DRIVE (STATE HIGHWAY 111) 4. This development is subject to the review of the California Department of Transportation (Caltrans). Actual requirements of this development, including additional right-of-way dedications and/or improvements related to State Highway 111, shall be addressed by the developer to the satisfaction of the Caltrans District 8 Director, or other delegated authority, and the City Engineer. The required improvements for North Palm Canyon Drive (State Highway 111) as listed herein may be modified, deleted or other conditions added as required by Caltrans. All improvements shall be constructed in accordance with Caltrans standard drawings and specifications. 5. Abutter's rights of access shall be relinquished to the California Department of Transportation along the entire frontage, if not already relinquished by prior document. 6. Construct an 8 inch curb and gutter, 57 feet northeasterly of the centerline along the entire frontage. 7. Construct an 8 feet wide meandering sidewalk along the entire frontage. 8. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch aggregate 'base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, where required to meet existing and proposed improvements, and as required by Caltrans. ON-SITE (PRIVATE) STREETS "A" THRU "G" 9., Dedicate an easement 37 feet wide extending from back of curb to back of curb to the City of Palm Springs for sewer purposes with right of ingress and egress, including service and emergency vehicles and personnel, over the private streets. 10. Dedicate an easement 57 feet wide for public utility purposes extending from,10 feet behind back of curb with right of ingress and egress over the private streets. 11. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along the entire frontage, with 25 feet radii is curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 12. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line II III I I II II II II II III II II 12��©30 0f o 27 0P parallel with and 18 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 13. The on-site street"knuckle" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 14. The off-set cul-de-sac at the end of Street"C" shall be constructed with a minimum curb radius of 43 feet. 15. All on-site streets shall have a minimum centerline radius of 130 feet. 16. Construct a minimum pavement section of 2'/z inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard'Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 17. Narrowed pavement "chokers" shall be provided mid-block on all on-site streets as shown on the approved Tentative Tract Map. Pavement chokers shall be designed with a transition using 25 feet reverse curves and a 50 to 100 feet long, 24 feet wide (12 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick, or other pavement section as approved by the City Engineer. 18. Concrete box culverts or other approved flood control/drainage crossings shall be constructed across Lot"O" and Lot"M" of Tract Map 30963-1 to facilitate extension of Skyline Point and Alta Mira for Streets "A" and "D" across the retention basin and future .Riverside County Flood Control (RCFC) drainage channel. The design of the box culverts or other approved drainage structures shall be subject to the review and approval of RCFC and the City Engineer. Submit construction plans concurrently to RCFC and the City Engineer for review and approval. 19. The extensions of Skyline Point and Alta Mira from Tract Map 30963-2 and Tract Map 30963 over the flood control channels and retention basins into the development shall be designed with vertical curve alignment consistent with the California Department of Transportation Highway Design Manual's minimum standards for stopping sight distance on a vertical curve. Measures shall be provided, including installation of a 5,800 lumen high pressure sodium vapor safety street light, acceptable to the City Engineer such that minimum stopping sight distance is provided. ON-SITE(PRIVATE) DRAINAGE CHANNEL/PEDESTRIAN PATH 20. Construct a 30 feet wide drainage channel/pedestrian path through Lots "H", "I" and "J" as shown on the approved Tentative Tract Map. 21, Construct a 6 feet wide meandering 'sidewalk along the entire drainage channel. Measures, such as decorative paving, should be provided at each pedestrian crossing at Street "D", "E", and "G" to identify pedestrian crossing points. Adequate stopping sight distance shall be required for each pedestrian crossing point. 1 I IIIIII llllll Illtll IIII IIIII IIII IIIIIII III IIII IIII IIII 12�GQQ 310 0 3705R SANITARY SEWER 22. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 23. Submit public sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits, 24. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the sewer system by the City of Palm Springs. GRADING 25. Submit a Rough Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Building Department prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. The first submittal of the Grading Plan shall include the following information: a copy of signed Conditions of Approval from Planning Department; a copy of the Tentative Tract Map stamped approved and signed by the Planning Department; a copy of a current Title Report; a copy of a Soils Report; and a copy of the associated Hydrology Study/Report. 26. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets. 27. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Grading Plan, 111111111111111111111111111111111111111111111111111111 12 205 32Is0�a)? 28. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for dust control purposes associated with grading activities on the property. 29. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 30, Contact the Building Department to get information regarding the preparation of the PM- 10 (dust control) plan. 31, In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 32. Dedicate a drainage easement to the City of Palm Springs over that portion of the development identified as Lot"A" and Lot"B" on the Tentative Tract Map; a drainage easement 15 feet wide to the City of Palm Springs between Street "A" and "D" along the east side of the project adjacent to Lot "Y" of Tract Map 30963-2 (identified as Lot"C" on the Tentative Tract Map); and dedicate an easement 50 feet wide to the City of Palm Springs for drainage purposes between Street"D" and the northerly tract boundary (identified as Lot "D" on the Tentative Tract Map). A separate drainage easement shall be dedicated to the City of Palm Springs across that portion of Street "A" between Lots "A" and "B" as necessary to facilitate future installation of Lateral 2A of the City of Palm Springs Master Drainage Plan (realigned or relocated as a result of the proposed development). These drainage easements shall be dedicated to the City for future use by the Riverside County Flood Control and Water Conservation District (RCFC)for Line 2 and Lateral 2A of the City of Palm Springs Master Drainage Plan. Retention/detention basins within the drainage easement may be used on an interim basis for management of on-site and off-site stormwater runoff, provided that the drainage easements are landscaped in a manner acceptable to the Director of Planning and Zoning. Provisions for maintenance of the drainage easements dedicated to the City shall be included in Codes, Covenants and Restrictions and shall be the responsibility of a Homeowners Association (HOA) created for this development. 33, Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Mountain Gate ll, Tentative Tract Map No. 32028, prepared by Mainiero, Smith and Associates, Inc., dated December 30, 2003. The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site I IIIIII IIIIII IIIIII IIII 111131 II 11 Ill lull IIII IIII i2 AAA 330 f 3700R 1 i stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for Tentative Tract Map 32028, as approved by the City Engineer. The preliminary Hydrology Report for Tentative Tract Map 32028 shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 34. Construct an on-site drainage system to collect and convey increased stormwater runoff to on-site retention basins. Submit storm drain improvement plans to the City Engineer for review and approval. Dedicate and reserve a private drainage easement across those portions of the development necessary to maintain perpetual and unrestricted use of the storm drain improvements and retention basins, identified as Lots "A" through "D", "F", and "H" through "J" on the Tentative Tract Map. All storm drain improvements, drainage easements, and retention basins shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the storm drain system, drainage easements and retention basins acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. 35. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 16189.,Fees shall be paid prior to issuance of a building permit. GENERAL 36. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 37. All proposed utility lines shall be installed underground. 38. All existing utilities shall be shown on the improvement plans. The existing and proposed service laterals shall be shown from the main line to the property line. 39. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 40. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing overhead electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable "service, and similar service wires or lines, which are on-site, adjacent to, and/or transecting the property, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the property are required to be installed underground in order to facilitate the proposed development. The developer is advised to investigate the nature of these utilities, and the availability of undergrounding these utilities with respect to adjacent and off-site properties. 41. Contract Whitewater Mutual Water Company to determine impacts to any existing water 11111111111111111111111111111111111111111111111 111111111 i22AA 34 Hof'2700R j lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whtiewater 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 Department prior to issuance of a certificate of occupancy. 42. Nothing shall be constructed or planted in the corner cut-off area of any driveway or intersection which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 43, All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 44. The developer shall de-annex Lots "Y" and "Z" of Tract Map 30963-2 from City of Palm Springs Parkway Maintenance District No. 10. The developer shall submit a deposit to the City in an amount to cover fees associated with an assessment engineer to facilitate the de-annexation process, The deposit shall be submitted prior to submittal of a final map. All final costs and fees necessary for the de-annexation of these Lots shall be paid by the developer, and the de-annexation process shall be completed prior to approval of a final map. 45. If landscaping adjacent to North Palm Canyon Drive (State Highway 111) and within Lot "A" as shown on the Tentative Tract Map is proposed to be maintained by the City, the developer shall dedicate a landscape easement to the City within Lot "A", and annex Lot "A" into the City of Palm Springs Parkway Maintenance District No. 10. The developer shall submit a deposit to the City in an amount to cover fees associated with an assessment engineer to facilitate the annexation process. All final costs and fees necessary for the annexation of this Lot shall be paid by the developer, and the annexation process shall be completed prior to issuance of a certificate of occupancy. 46. Relinquishment of abutter's rights of access shall be dedicated to the City of Palm Springs along the northerly property line of Lots 50 through 78. 47. A Final Map for each phase (if phased) shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the first review of the Final Map.The Final Map shall be approved by the City Council prior to issuance of building permits. 48. Abandonment or relocation of record easements across the property is required in order to facilitate the development. The various record easements shall be extinguished, quit- claimed, relocated or abandoned to facilitate development of the subject property. Record easements shall be abandoned, wherever possible, in conjunction with and as part of the Final Map. In the event record easements are maintained and shown on the Final Map, but will be extinguished, relocated or abandoned as part of the construction of the project, proposed individual lots encumbered by record easements are rendered IIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 12l�0350of 3700fl n unbuildable until such time as the easements encumbering the individual lots are removed of record. Building permits may be issued on any individual lot encumbered by an existing record easement provided a copy of a Notice of Intent to vacate or extinguish the easement from the respective utility owner is provided to the City Engineer. No certificate of occupancy shall be issued for any individual lot encumbered by an existing record easement until such time as the record easement is extinguished, quit-claimed, relocated or abandoned, and a copy of the recorded document removing the encumbrance is provided to the City Engineer. TRAFFIC 49. Install street name signs at each street intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 50. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at on- site street intersections as required by the City Engineer. 51. Pay to the City of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection. The fair share contribution has been determined as 18.4% by the Traffic Impact Study Update for Tentative Tract Maps 30963 and 32028, prepared by Endo Engineering, dated January 19, 2004. This is a net increase of 7.2% over the original fair share contribution of 11.2% required by Tentative Tract Map 30963 (refer to Engineering Condition of Approval No. 67 adopted by the City Council on February 26, 2003). The developer shall post payment of$10,800.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. If installation of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection is requested by the developer in conjunction with the construction of this project, the developer shall be responsible for the design and installation of the traffic signal, pursuant to City and Caltrans approvals and permits. A traffic signal plan shall be submitted concurrently to the City and Caltrans for review and approval. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of a maximum of 81.6% of the cost of the traffic signal construction, and shall receive reimbursement as adjacent properties develop and post payment for their fair share contribution towards its installation. The maximum reimbursement amount is a net decrease of 7.2% over the original maximum reimbursement allowed by Tentative Tract Map 30963 (refer to Engineering Condition of Approval No. 67 adopted by the City Council on February 26, 2003). 52. Pay to the City of Palm Springs the fair share contribution towards the construction of a traffic signal at the intersection of Indian Canyon Drive and Tramview Road. The fair share contribution has been determined as 9.2% by the Traffic Impact Study Update for Tentative Tract Maps 30963 and 32028, prepared by Endo Engineering, dated January 19, 2004. The developer shall post payment of$13,800,00 to the City of Palm Springs prior to issuance of the first certificate of cccupancy for Tract 32028. This condition supercedes and replaces Engineering Condition of Approval No, 68 adopted by the City Council on February 26, 2003. In the event payment of the fair share contribution of $12,300.00 has been made to the City in accordance with Engineering Condition of Approval No. 68 adopted by the City Council on February 26, 2003, the developer shall 11111111111111111111111111111111111111 IIIIIIIIIIIIIIII 122AA 360Af 2700� r post payment of$1,500.00 to satisfy the revised mitigation measure identified by the Traffic Impact Study Update. 53, 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. 54. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. IIIIII IIIIII IIIIII IIII IIII III IIII�����I IIII IIII���I 12 t9�370 d£$3 00P Executed in Four (4) Copies Bond No. SU 5011556 Premium: $16,500.00 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate II Palm Springs Ventures, LLC, a Delaware Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated d°,� 2004, and identified as Tract Map No. 32023, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and Arch Insurance Company as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of One Million Six Hundred Fiftv Thousand and 00/100 dollars ($1,660,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on November 2 2004. PRIt,,iC'PAL N16urrtdin (.pare !I Palm Springs Ventures, LLC, a Delaware Limited Liability Company - BY: Century, Crowell Communities, L.P., a California Limited Partnership, its Development Management-Qompany BY: Century domes Communities, a California corporation, General Partner By: _ v By: Ognature Signature By: Gary Weintraub, Sr. Vice President By: Name and Title Name and Title SURETY By: Arch Insurance Company By: Thomas Tsyrell (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 2, 2004 before me, Maria Stoll, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Thomas Tyrell NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(&) whose name(&) Ware subscribed to the within instrument and acknowledged to me that ... ..., MARIAySTOLL a he, executed the same in his/her-/theiF t' COMM.M1403438 authorized capacity(ies), and that by his4ier/tha# NOTARY PUELIC-CALIFORNIA W signature(&) on the instrument the person(&), or the 4S'. ORANGE COUNTY $ fly Comm.Exp.March3i,2007 � entity upon behalf of which the person(s) acted, tea.- r .� executed the instrument. WITNESS my hand and official seal. ° SIGNATURE OF NOTARY 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 Faithful Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) [XX] ATTORNEY-IN-FACT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 No of Paqe(s) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR7 November 2,2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and 'authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of August 2003 Arch Insurance Company Attested and Certified C C�3 4 t' Joseph S. L befi, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized'and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL (/yf A 1 I State Com edicut I MyCmuNssionExpires February 28,2005 Melissa My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Auoust 7.2003 on behalf of the person(s) as,listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 2nd day of November .20 04 Joseph SC99 Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. $�vcanee Qo j' [DAIOPATf '� e SFAL ; lfll t. NIlIOYII Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On October 13, 2004 at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a Cali rnia lin ted partnership ("Ce n�ury Cro.✓elP'). WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes. WHEREAS,the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"). WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Mike Reed, Elizabeth Williams, Stephen Long, Sharon Merritt, Kevin Manning,Jerry Herman and Debi Myers. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county,water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Sr.Vice President,Bob Hill, Kenny Felkel,Mike Reed or Tony P. Scimia acting as Assistant Secretaries, signing alone or, if required, either Gary Weintraub, Bob Hill, Kenny Felkel, Mike Reed or Tony P. Scimia, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, Kenny Felkel or Mike Reed are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Candace Trude, Bob Hill, Kenny Felkel, Mike Reed or Wanda Robinson are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement (i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust,Notices of Completion and any other documents needed to sell and close escrows on homes in our Projects. Upa\minutes\corymazWI0801 doc RESOLVED, that John Pavelak, Gary Weintraub, Wanda Robinson, Tony Scimia, Bob Hill and Kenny Felkel are authorized signers on all deposit accounts (checking, savings, time certificates, etc.) and that two (2) signatures are required on all of the before mentioned deposit account as regards all checks, withdrawal instruments, etc., drawn on the accounts. RESOLVED, that Gary Weintraub, George Mooradian, Kenny Felkel or Mike Reed are authorized signers on all Recorded Tract Maps on behalf of the Corporation, as general partner of Century Crowell. RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization, ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: October 13,2004, ATTEST: John .Pavelak, President ary ntraub,Assistant Secretary m\miniros\corpo:o;\aloeol Loc � : '. ,�n�id��'�� ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 4th day of October, 2004 before me, Doris A. Benoit, Notary Public, personally appeared Gary Weintraub, Sr. Vice President, personally known to me, to be the person who's name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNES my hand and o�icial seal. nor�is M.ur:.wn it rCmmrll6slon#1310451 z � woiaN Publio- GaViPom�i� urdina Gout, ignafure of Notary Public re5Z FdYComm,EKpj6,::..4.:,,w-.,. THIS AREA LEFT BLANK INTENTIONALLY Executed in Four (4) Copies Bond No. SU 5011556 Premium: Included CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate II Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated ��G. �. , 2004, and identified as Tract Map No. 32028, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Eight Hundred Twenty-Five Thousand and 001100 dollars ($825,000.00), 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 bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Labor and Materials Bond Page 2 -IN WITNESS WHEREOF, this instrument has been duly executed by the Principal anrd Sui?ty above named, on November 2 2004. 'PRINCIPAL Mountain_G Gate II Palm Springs Ventures, LLC, a Delaware Limited Liability Company BY: Century Crowell Communities, L.P., a California Limited Partnership, its Development Management Company BY: Century Homes Communities, a California corporation, General Partner By: F By: ,s Signature Signature By: Gary Weintraub, Sr. Vice President By: Name and Title Name and Title SURETY By: Arch Insurance Company By: Thomas Tyre;,I (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Anqeles On November 2, 2004 before me, Maria Stoll, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Thomas Tyrell NAME(S)OF SIGNER(S) ® personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that tia MARIA STOLL he, executed the same in his/her/their COMM. X1403438 authorized capacity(ies), and that by his4h&F/their 12 NOTARY PUBLIC-CALIFORNIA signature(&) on the instrument the person(&), or the °P'"NGE COUNTY entityupon behalf of which the person(s)& acted, . 3 u�,Comm.Exp.March 31,2007 p p ( ) executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY 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 Labor and Materials Bond TITLE OR TYPE OF DOCUMENT TITLE(S) [XX] ATTORNEY-IN-FACT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 No.of Page(s) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR7 November 2,2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had"beep duly,executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and 'authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 7th day of Auqust 2003 Arch Insurance Company Attested and Certified E Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized'and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL WM MSJSSh B.tale D Covw iq�r�1 My Commissim Expires ary 28,2005 My co B.Gilligan, Notary Public L� , My commission expires 2-28-05 CERTIFICATION I, Joseph S. Label], Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Auoust 7.2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 2nd day of November ,20 04 , .Joseph Sell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. �canea C °5 °3 a coeroulE m Minsod Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On October 13,2004 at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a Califnlialimhedpa --11 ("Cent�:y-1—L"). WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes. WHEREAS,the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"). WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Mike Reed, Elizabeth Williams, Stephen Long, Sharon Merritt, Kevin Manning,Jerry Herman and Debi Myers. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Sr.Vice President,Bob Hill,Kenny Felkel,Mike Reed or Tony P. Scimia acting as Assistant Secretaries, signing alone or, if required, either Gary Weintraub, Bob Hill, Kenny Felkel, Mike Reed or Tony P. Scimia, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, Kenny Felkel or Mike Reed are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Candace Trade, Bob Hill, Kenny Felkel, Mike Reed or Wanda Robinson are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement (i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust,Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. Upa\minutestoWmt\010801 dec RESOLVED, that John Pavelak, Gary Weintraub, Wanda Robinson, Tony Scimia, Bob Hill and Kenny Felkel are authorized signers on all deposit accounts (checking, savings, time certificates, etc.) and that two (2) signatures are required on all of the before mentioned deposit account as regards all checks, withdrawal instruments, etc., drawn on the accounts. RESOLVED, that Gary Weintraub, George Mooradian, Kenny Felkel or Mike Reed are authorized signers on all Recorded Tract Maps on behalf of the Corporation, as general partner of Century Crowell. RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: October 13,2004, ATTEST: Cohn .Pavelak,President- ary mtraub,Assistant Secretary. -� m�mm:m=��„��naioem aoc ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 4th day of October, 2004 before me, Doris A. Benoit, Notary Public, personally appeared Gary Weintraub, Sr. Vice President, personally known to me, to be the person who's name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument, WITH hand a �d o iei�al seal. nortisn.esNnlr /y Notary Public - 3104Mia K z ==n Notary Public- C61iFomia � ` San Bernardino cauMy ' Signature of Notary Public Ir f.�r Arty comm.Expires Jun 24,2005 THIS AREA LEFT BLANK INTENTIONALLY Executed in Four (4) Copies Bond No. SIT 5011556 Premium: Included 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 Mountain Gate II Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and com fete certain designated public improvements, which said agreement, dated ����� �5/ , 2004, and identified as Tract Map No. 32028, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and Arch Insurance Company as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of Two Hundred Forty-Seven Thousand Five Hundred and 00/100 dollars ($247,500.00), 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 Maintenance &Warranty Bond Page 2 in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. JM V.17 dESS WHEREOF, this instrument has been duly executed by the Principal and Sdrety;2flbove named, on November 2 2004. PRINCIPAL Mountain Gate it Palm Springs Ventures, LLC, a Delaware Limited Liability Company BY.: Century Crowell Communities, L.P., a California Limited Partnership, its Development Management Company BY: Century Homes Communities, a California corporation, General Partner By: _ ,�:v By: Signature Signature By: Gary Weintraub, Sr. Vice President By: Name and Title Name and Title SURETY - .By: -_ Arch Insurance Company By. Thomas Tyr'ell (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Anqeles On November 2, 2004 before me, Maria Stoll, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Thomas Tyrell NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that i�kl he Bpi executed the same in his(hErrt� t COMM.91403438 1' authorized capacity(ies), and that by his/her/th& NOTARY PUBLIC-CALIFORNIA M signature(s) on the instrument the person(s), or the a, I r com�ENG Mar h31,2007 entity upon behalf of which the person(s) acted, - executed the instrument. WITNESS myhand and official seal. SIGNAYURE OF NOTARY 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER Bond for Maintenance and Warranty of Improvements TITLE OR TYPE OF DOCUMENT TITLE(S) [XXI ATTORNEY-IN-FACT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 No. of Paqe(s) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR7 November 2,2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had beeri duly,executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated-in-writing and filed with the Secretary, or the Secretary shall have the power and 'authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous,consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. o0ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their, authorized officers, this 7th day of Auoust 2003 Arch Insurance Company Attested and Certified 5Vtonce C o u g U CARIOMTE m u :ul 1911 / Missouri Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFMEUW B. LML SEARI � St*Of conneckw MY Commission Expires February 28,2005 Melissa B. Gilligan, Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Auoust 7.2003 on behalf of the person(s) as listed above is a true and correct copy and,that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the! Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice, President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 2nd day of November 12004 21115CPor'po�ra'Joseph St te Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. c�V�anee Co .0 COA,OGTE S� u s�, F Nlnsud Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On October 13,2004 at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a Cali rnia limited partnership ("Centu— Crowell"). WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes. WHEREAS,the Corporation has detenumed that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"). WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Mike Reed, Elizabeth Williams, Stephen Long, Sharon Merritt, Kevin Manning,Jerry Herman and Debi Myers. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Sr.Vice President,Bob Hill,Kenny Felkel,Mike Reed or Tony P. Scimia acting as Assistant Secretaries, signing alone or, if required, either Gary Weintraub, Bob Hill, Kenny Felkel, Mike Reed or Tony P. Scirnia, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, Kenny Felkel or Mike Reed are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Candace Trude, Bob Hill, Kenny Felkel, Mike Reed or Wanda Robinson are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement (i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust,Notices of Completion and any other documents needed to sell and chose escrows on homes in our projects. Upa\minutako mt\010901.doc RESOLVED, that John Pavelak, Gary Weintraub, Wanda Robinson, Tony Scimia, Bob Hill and Kenny Felkel are authorized signers on all deposit accounts (checking, savings, time certificates, etc.) and that two (2) signatures are required on all of the before mentioned deposit account as regards all checks, withdrawal instruments, etc., drawn on the accounts. RESOLVED, that Gary Weintraub, George Mooradian, Kenny Felkel or Mike Reed are authorized signers on all Recorded Tract Maps on behalf of the Corporation, as general partner of Century Crowell. RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: October 13, 2004, ATTEST: ohn en I *.Pavelak Presd f--_(el _ ary mtraub,Assistant Secretary ,o\minnle=_\corpaofl0l OG�Ldoc ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) On this 4tb day of October, 2004 before me, Doris A. Benoit, Notary Public, personally appeared Gary Weintraub, Sr. Vice President, personally known to me, to be the person who's name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WIT E a my hand and o��al. DORIS A.BENOIT - cammissfon#731od51 �1 Signature of Notary Public S krA Nctaq'public-Califom(a a San 13erna rdina Courtly MyCgmm G�iresJUn24,T.Q05 THIS AREA LEFT BLANK INTENTIONALLY Executed in Four (4) Copies Bond No. SU 5011557 Premium: $156.00 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate 11 Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as 'Principal') have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated //, r 2004, and identified as Tract Map No. 32028, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and Arch Insurance company as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Fifteen Thousand Seven Hundred Fifty and 00/100 dollars ($15.750.00), lawful money of the United States,for materials furnished or Iaborthereon of any kind, orfor amounts due under the Unemployment Insurance Act with respect to such work or labor, and forthe completion of said setting of monuments,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,forthe payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his ortheir part to be kept and performed at the time and in the mannertherein 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 or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respectto the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. Monumentation Bond Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and :surety above named, on November, 2 , 2004. PRINCIPAL_ N ountain Gate fl Palm Springs Ventures, LLC, a Delaware Limited Liability Company BY: Century Crowell Communities, L.P., a California Limited Partnership, its Development Management Company BY: Century Homes Communities, a California corporation, General Partner By: By: ignature Signature By: Gary Weintraub, Sr. Vice President By: Name and Title Name and Title SURETY r By: Arch Insurance Company By: Thomas Tyr`.ell (Surety Name) Attorney-in-Fact (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Anqeles On November 2, 2004 before me, Maria Stoll, Notary Public DATE NAME,TITLE OF OFFICER-E G,"JANE DOE,NOTARY PUBLIC" personally appeared Thomas Tyrell NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that hA AR IA STOLL he, executed the same in his/Leer/their CGMM.#1do3438 authorized ca acit fes y NOTARY PUBLIC-CALIFORNIA 7, p y(' ), and that b his/her/their ORANGE worm' � signature(s) on the instrument the person(s), or the t ` „ IAy ewirrt.Em March 31,2007 entity upon behalf of which the erson s acted, .z Y p p O executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY 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 Bond for Settinq of Monuments TITLE OR TYPE OF DOCUMENT TITLE(S) [XXI ATTORNEY-IN-FACT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 No.of Page(s) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR7 November 2,2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arch Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: , That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seat and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had'been duly,executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company.on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of Auqust 2003 Arch Insurance Company Attested and Certified E Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAI SF B. Mo MELISSAsLVedCQTWC rt Public /d'),- My CommissionExpres February 28,2W5 MelissaB.Gilligan, Notary.Public � My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Auoust 7.2003 on behalf of the person(s) as listed above is a true and correct copy and that the some has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 2nd day of November 2004 . Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. c5 °3 .0 coRroiure B Mlssoud Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On October 13, 2004 at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a Calrfvmra hnuted pa ershrp ("Cent ry Cro:veIl';. WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes. WHEREAS,the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"), WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Mike Reed, Elizabeth Williams, Stephen Long, Sharon Merritt, Kevin Manning, Jerry Herman and Debi Myers. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Sr.Vice President,Bob Hill,Kenny Felkel,Mike Reed or Tony P. Scimia acting as Assistant Secretaries, signing alone or, if required, either Gary Weintraub, Bob Hill, Kenny Felkel, Mike Reed or Tony P. Scimia, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, Kenny Felkel or Mike Reed are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Candace Trude, Bob Hill, Kenny Felkel, Mike Reed or Wanda Robinson are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement (i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust,Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. Upa\miluws\cor MOO1DSDI doc RESOLVED, that John Pavelak, Gary Weintraub, Wanda Robinson, Tony Scimia, Bob Hill and Kenny Felkel are authorized signers on all deposit accounts (checking, savings, time certificates, etc.) and that two (2) signatures are required on all of the before mentioned deposit account as regards all checks, withdrawal instruments, etc., drawn on the accounts. RESOLVED, that Gary Weintraub, George Mooradian, Kenny Felkel or Mike Reed are authorized signers on all Recorded Tract Maps on behalf of the Corporation,as general partner of Century Crowell. RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION,CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: October 13, 2004, ATTEST: r fohn Pavelak,President- ary mtraub,Assistant Secretary ,�mmm�=mo,�,nmo�oi aoo ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On this 41h day of October, 2004 before me, Doris A. Benoit, Notary Public, personally appeared Gary Weintraub, Sr. Vice President, personally known to me, to be the person who's name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNE y hand and offici seal. Di7R15 P�8ENOI4 •7 `,�'�� Crarrti�iltsslon#1310461 rluio ,wubnc-carrFarrla Signature of Notary FUb1i q San Pernaidino county v M,y COrnn) F,x;!hu,Jun 2.4,2C;05 THIS AREA LEFT BLANK INTENTIONALLY PALAa City ®f Palm Springs U N ' Department of Public Works and Engineering 3200 E.Tahquicz Canyon Way • Palm Springs, California 92262 -q<IFORN�P Tel: (760)323-8253 ° Fax: (760)322-8360 • Web www.d.pahn-spungs.mus MEMORANDUM DATE: November 23, 2004 To: Kathie Hart, Acting City Clerk FROM: Marcus Fuller, Senior Civil Engineer / SUBJECT: Tract Map 32028, Mountain Gate II Attached are the following documents, as approved by City Council on November 17, 2004, (Resolution 21145, Agreement A4999): 1. Subdivision Improvement Agreement (4 original copies) 2. Securities, consisting of the following: a. Faithful Performance Bond SU 5011556, $1,650,000 b. Labor and Materials Bond SU 5011556, $825,000 C. Monumentation Bond SU 5011557, $15,750 d. Warranty Bond SU 5011556, $247,500 The above 4 securities are associated with the Subdivision Improvement Agreement; only one set of original bonds are included with this memo (as noted) and should be kept on file with your office; the other sets are copies for the developer and finance department. I have retained copies for my file. Please return three executed Subdivision Improvement Agreements for my further processing.Thank you. Post Office Box 2743 0 Palm Springs, California 92263-2743