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Home My WebLink About05003 - PALM CANYON TOWNHOMES LLC TM 31354 SUBDIVISION Pave 1 of 1 Kathie Hart From: Carol Templeton Sent: May 19, 2008 4:43 PM To: Kathie Hart Subject: RE: A5003 -TM 31354 Palm Canyon Yownhomes Hi Kathie, Yes. \� Have a good evening. Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct(760) Ext 8741 �v� Fax (760) 322-8360 2-83G0 or 322-8325 Carol.Templeto>n palms�rin�s-fLp.q _ http:ttwww.gcode.us/codesipalmsprings/codes /viewer CONFIDENTIALITY NOTICE—This e-mail transmission,and any documents,files or previous e-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(750)323-8253 X8741 or return e-mail and delete the original transmission and Its attachments without reading or saving in any manner. From: Kathie Hart Sent: Monday, May 19, 2008 4:41 PM To: Carol Templeton Subject: A5003 -TM 31354 Palm Canyon Yownhomes May z close out this agreement? 4�1 Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahgm2 Canyon way Palm Springs, CA 92262 KvThre,HartCnzpaltnsprmgs-cago v Office (759)323-B7.08 05/19/08 City of Palm Springs Departmenr of Public Works and Engineering 3200 L TahquhL Canyon Way • Palm Spinigs, California 92262 Tel. (760) 323-5253 • fax: (760) 322-5360 Web. www.ci.pahn-Sprmg6-ca.u9 [7 o �S _ a r � o May 19, 2008 Er11 <_ �a yrl American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor b f n Los Angeles, CA 90045 N Attn: Mr. David Noddle G Re: Tract Map 31354, ("Palm Canyon Townhomes") 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 Palm Canyon Townhomes, LLC, related to Tract Map 31354, have been fully satisfied. The project was accepted in its entirety on May 18, 2007. The $30,000.00 portion of the Faithful Performance Bond that was being held in lieu of a Maintenance/Warranty Bond can now be released. The Monumentation Bond ($2000) can also be released. The following subdivision securities required by the agreement may now be released: • Faithful Performance Bond; Bond No. 221844; $0.00 • Monumentation Bond; Bond No_ 221845; $0.00 If you have any questions, I can be reached at(760) 323-8253, extension 8741_ Sincerely, �� Carol Templeton Engineering Associate Cc- Mc David Noddle,Amencan Contractors Indemnity Company—via facsimile(518)Q06.7584;Ted Snyder,The Martin Groap-via E-mail-David Hiifiard,The Martin Group-via email;James Thompson,City Clerk-TM31354 fric Posr Office Box 2743 • Palm Springs, California 92263-2743 a ,-".' }y. �} .�.1\vl A City of Palm Springs �('&'°. � .Ih,..%j � Department of Public Works and Engineering 3200 E.GW�C °poun:lo% d Lt z Canyon Tel: (760) 323 8253 • F x: (760)` 22-8360 Web� California www i palm spr ngs.ca.us 4_ r September 12, 2005 American Contractors IndemnityCompany Y,.,_; 9841 Airport Blvd., 91h Floor = — °' =' Los Angeles, CA 90045 '`"' CO 3 a Attn' Mr. David Noddle a., 7 Re- Tract Map 31354, ("Palm Canyon Townhomes") 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 Palm Canyon Townhomes, LLC, related to Tract Map 31354, have been partially satisfied. The following subdivision securities required by the agreement may now be reduced to 24% to the following amounts: Faithful Performance Bond; Bond No. 221844; $48,000.00 Labor and Materials Bond, Bond No. 221844, Included in Faithful Perf. Bond The following subdivision securites required by the Subdivision Improvement agreement shall remain in full force and effect until further notice Faithful Performance Bond (Monumentation), Bond No. 221845; $ 2,000.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, D C vo L Carol Templeton Engineering Associate Cc Mr.David Noddle,American Contractors Indemnity Company—via facsimile (818)906-7584, Ted Snyder,Symphony Development—via facsimile (818)248-4065,James Thompson, City Clerk, TM31354 file Post Office Box 2743 0 Palm Springs, California 92263-2743 51 T Doc st 2004-1003312 , 12/17/2004 08:00A Fee:NC J Page 1 of 31 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder " PLEASE COMPLETE THIS INFORMATION I IIIIII IIIIII IIIIII IIII IIIII IIII IIIIIII III IIIII IIII IIII ' RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: CITY uCLERK RN TO� M 5 D PAGE ME OA PCGR N m MSG. CITY OF PALM SPRINGS BOX 2743 PALM SPRINGS,CA 92263 q ♦ A R L COPY LONG AEFUNG NGHG SPACE ABOVE FOR RECORDER'S USE ONLY Subdivision Improvement Agreement - Palm Canyon Townhomes, LLC - TM 31354 Title of Document Palm Canyon Townhomes, LLC Subdivision Agreement TM 31354 AGREEMENT #5003 R 21142, 11-17-04 T�1.� R '�� R ['CORDJER�"S J SE", ONLY L THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STCSCSD 9966(Aw 497) SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM CANYON TOWNHOMES, LLC A CALIFORNIA LIMITED LIABILITY COMPANY I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1v2002 000e31eae 2 0£ 31 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 ti m 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 M©M 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ©m 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 y �M 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3A Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ^C 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdividers 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 i 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 m N_0 M 0 OµW �m0 d Nd ©l N IL � a SUBDIVISION IMPROVEMENT AGREEMENT THIS SU $ION IMP OV EN AGREEMENT (this "Agreement") is entered into this ��( day of �� 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and PALM CANYON TOWNHOMES, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 31354, 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 Lot "A" for public use for street and public utility purposes; 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 N m pursuant to this Agreement and its public dedications and other improvements,as described M m° in this Agreement, are a material consideration to City in approving the parcel map for the m U Property and permitting development of the Property to proceed. � m fd 2 ti N COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map forthe Property and permitting development of the Properlyyto proceed, Subdivider agrees to timely perform all of its obligations as setforth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to C 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 $200,000.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto. 1 L j 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 m Springs written notice of the setting of said monument(s) and written proof of having paid mM the engineer or surveyor for the setting of said monument(s). �mw 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all N materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Chanqes in the Work. The City Engineer, without invalidating this Agreement C and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 2 L L 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 contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or notthe Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any m obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork may M mM be rejected notwithstanding that such materials or work may have been previously ©m o overlooked or accepted. � m �Nr N 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 C 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 C 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 C of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed 3 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 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules —m relating to the timely provision of public services and facilities. In addition to whatever other mw 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 m to withhold the issuance of further building permits on the Property until such phasing m� v requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency C (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 4 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing W m wage requirements promulgated by the Director of Industrial Relations of the State of m©" California Department of Labor. m«, mo �m R° 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 —s Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractorto submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. 5 (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 $200,000.00 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 $100,000.00 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$2,000.00 equal to 100%of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$30,000.00 equal to 15% of the estimated construction cost m set forth in Section 1.1 or a suitable amount determined by the City Engineer. 3m 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: i (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 C California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. 6 (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes 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 m respect thereto, Subdivider shall be personally liable for performance under this Agreement M and for payment of the cost of the labor and materials for the improvements required to be m constructed or installed hereby and shall, within ten (10)days afterwritten demand therefor, m� deliver to City such substitute security as City shall require satisfying the requirements in this a N 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 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. 7 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. z m n,m„ 5. Cost of Construction and Provision of Inspection Service. mmo m" 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be N 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 C Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including C without limitation, charges for applicable,penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final 8 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, N m or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such M e default to completion, City shall have the right to enter into the Property and perform any of Imo NM the uncompleted work by force account or contract or both and thereupon recover from Subdividerorany Security Instrument, or both,the full cost and expense thereby incurred by N 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 C granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's C fees and cost shall include fees and costs on any appeal, and in addition a party entitled to C attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary 9 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, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so m executing this Agreement, such party is formally bound to the provisions of this Agreement, mm o and (iv) the entering into of this Agreement does not violate any provisions of any other �Na Agreement to which said party is bound. N (Signatures on Next Page) _C 10 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST: q, CITY OF PALM SPRINGS, CALIFORNIA By Kathie Hart, Acting. City Clerk David H. Ready, C y ager RECOMMENDED BY: APPROVED BY THE CITY COUHC., City Engineer SUBDIVIDER: PALM CANYON TOWNHOMES, LLC, a California Limited Liability Company (Check One: individu partnership, _corporation) L L L Z97 ey"i- ci GA corrof-a-Pu-r Man�in,5Mew�ber By: By: David A. Hilliard, President Name and Title Mailing Address: 11828 La Grange Avenue Suite 200 Los Angeles, CA 90025-5200 11 I IIIIII IIIIII IIIIII IIII IIIII IIII IIIIIII III IIIIII III IN 12r 1� 2 04 68:GOA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. County of I� Yh , 1 a l I h Bn \/ eC.,ewker ZOOt beforenre,ILA �, I�� 6,ob, Nptt Po G G Data I` II Nard and Title of 09¢er ,"Jane Doe,Nolary Publl' Personally appeared —Da 6 cl IT• eCt C V Ct n c� Kati I e R a rT 1 Neme(s)ol9ignor(s) ersonally known to me Eel—pluved iu Ine on the basis of—satfefaeteFy _Pvid®ace to be the person() whose name i /are r subscribed to the within instrument and JUDITH A NICHOL! a acknowledged to me that the executed ComprMlon#1487823 the same in hi th ' authorized Notoryft"C•CoNfomlo capacity,12D, and that by :the Riverside coardy _ signatures)on the instrument the persong, or 0My comm.BOW may 21.2000 the entity upon behalf of which the person s� — — — — — — — — — acted, executed the instrument. WITNESS my hand and offic%,seal. �I �3ar�of lary ubllc�� OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document t { (�_ Title or Type of Dolcumeennt till) D J(Vp1s 1 a h -lYL m ?�'O V e mY p—VI I 1'e e VA�M—r Document Date: OC 1 O'b e r Q I/ 3 00 l 1 Number of Pages:I Signer(s)Other Than Named Above: baV1d L- �arQ.Vicm, aU1 41 ill�,\or Capacity(ies)Claimed by Signer I 11 Signer's Name: 2.'' avA i� - �edY cth( � atkie RQrT •- ❑ Individual el lc i h 91 Top of thumb here N Corporate Officer—Title(s): t�u Al(,(Y)Q Q-e Y F C 'iI y l Y ❑ Partner—❑ Limited ❑General / _0 ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:—t-Le () ?M M t'I + _ A'U ti ©l999Natlonal Notary Assoclatlon•935o OB5oloAV.,PO,Box 2992•Chatswodh,CA 91313-2g02•wwwnalionalnolaryorg Prod No 59D7 Reorder.Call Toll Free 1-093-3700027 IIIIII IIIIII IIIIII IIII IIIII IIII II��III III IIIIII 11I IIII i e 294 61 of 3 0608 i00R ALL-PURPOSE ACKNOWLEDGMENT State of 1-ct.'l.u;l CAPACITY CLAIMED BY SIGNER County of 1 t (+( .M ❑ INDIVIDUAL(S) rO�l``// p *ofo I�1� ❑ CORPORATE On V W. �-1 f p�0_ before me, OFFICERS) Date I ( �f r NamenTitle �er TITLE(S) personally appeared J (�{J[fX trX,�,GameJ/ ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) vwrrt�me=OIZ= ❑ SUBSCRIBING WITNESS ❑ (jUARDIAN/CONSERVATOR proved to me on the basis of satisfactory evidence to be the personsv whose name V OTHER LL6, isfa ubscribed to the within instrument and acknowledged to me that heFs�executed rp !,M r/P the same in hisf tT their authorized capaci ' s), and that by histker/their signaiure(d5 on the instrument the person/)or the entity upon behalf of which the persons(oacted,executed _ the instrument. , — gLEXANDRA JR SIGNER IS REPRESENTING: C(cgxy lon - PC' /I �� Witness my and facials 1. .� No(aY Pupi1C - t�/�X lLos ArQ8163 Mycomm. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document�J-.(J" �1C.I MUST BE ATTACHED --77 TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: f Signeto Other Than Named Above �j IIIIII IIIIII IIIIII IIII IIIII IIII IIIIIII III IIIIII III IIII 12�1(�17 o 081 3100R EXHIBIT "A" TRACT MAP 31354 LEGAL(DESCRIPTION Tract Map No. 31354, as recorded in Map Book3�ct ', Pages TD through 44 inclusive, records of Riverside County, California. III II I Ililll II I IIIII III I IIIII I IIIII III III 12,117,12604 3 £03100R EXHIBIT "B" TENTATIVE TRACT MAP 31354 CONDITIONS OF APPROVAL I IIIII II III IIIIII II IIIII III IIIIII II II III I III 12��20000081@0F 19 of 3f r Tentative Tract Map 31354 2765 and 2801 South Palm Canyon Drive October 15, 2003 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed 1� satisfaction of the City Engineer,the Director of Planning, the Chief of Police, the Fire Chief or tht. designee, depending on which department recommended the condition. Any agreements,easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations except as specifically modified herein. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TTM 31354 and Case 3.2348. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney, If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein,except,the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repairthe improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. II I II I I II II II I I II III I III 12120A 20@0�es 29 of 31 4. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon determination of good cause. 5. The appeal period for an Architectural Approval and Tentative Map application is 15 calendar days from the date of project approval. Permits will not issued until the period has concluded. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. CC&Rs 7. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2500,for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Environmental Assessment 9. The mitigation measures of the environmental assessment and mitigation monitoring program as approved as conditions of approval, dated July 24, 2003, shall apply. Mitigation measures are as follows: a. Prior to beginning construction activities, the project proponent of the building contract will develop and submit a dust control plan to the City's Building Department, in accordance with the 2002 Coachella Valley PM10 State Implementation Plan. b. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plans shall be installed as soon as possible to maintain the ground cover and minimize blowsand. C. The contractor will ensure that all construction equipment is properly serviced and maintained. All construction equipment shall be maintained in good operating condition to reduce operational emissions. d. During construction, the site shall be watered and the equipment cleaned in the moming,and evening. e. During construction, all trucks leaving the site shall be washed off to reduce fugitive dust from being tracked onto local roadways. This measure requires the removal of particulate matter from equipment prior to movement on paved streets to control particulate emissions. As part of the conditions of grading permit approval, the construction crew shall wheel wash construction equipment and cover dirt in trucks 1I��III 210f 0-I1IIIIE111$111111111111I III 11111111111 12 i7 00R during onsite hauling. Haul trucks leaving the site also are required to have a minimum freeboard distance of 12 inches, or to cover payloads. f. The building contractor will ensure that low VOC paints are used for all architectural coatings. g. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources Identifiable on the ground surface. h. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. I. One copy 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. j. During construction phases, the contractor shall ensure that all construction is performed in accordance with the applicable City of Palm Springs noise standards. This measure shall be added to the construction contract. k. All internal combustion powered equipment shall be equipped with properly operating mufflers and kept properly tuned to alleviate backfires. This measure shall be added to the construction contract. I. During construction activities,the contractor shall locate portable equipment as far as possible from the adjacent residences. This measure shall be added to the construction contract. M. To the extent feasible, the contractor shall store and maintain equipment as far as possible from the adjacent residences. This measure shall be added to the construction contract. n. The placement of all mechanical equipment associated with the proposed project such as HVAC systems shall be located and constructed to ensure compliance with Chapter 11.74(Noise Ordinance)of the Palm Springs Municipal Code. Cultural Resources 5. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 6. Given that portions of the project area are within an alluvial formation,the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. IIII III I IIIIII IIII IIIII III I I II III 111111111 IN12 CA03 OofO 3100P 7. One copy 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. Final Design 8. An Administrative Minor Modification application shall be submitted for the reduction in front and rear setbacks and for the modification to building height, prior to issuance of building permits. 9. The garage doors shall be painted such that they do not stand out or other alternative materials to be approved by the Design Review Committee. 10. The applicant shall review the location of traffic signals, if warranted, at the intersection of South Palm Canyon and Murray Canyon Drive and shall incorporate landscaping that will reduce the glare from the signals to adjacent residential development to the west. 11. Exposed cut slopes shall be prohibited unless they are screened by structures or restored. All hillside areas disturbed during grading and construction activities shall be restored. 12. Hillside areas that are not proposed for development shall be fenced off prior to any grading activity. 13. Prior to any grading activity, a fence shall also be erected around the north and west property lines in order to prevent the use of off-site areas for staging activities. A post and cable fence is acceptable. 14. That the developer shall pay a fire station construction fee in the amount established by the City Council (if adopted) at the time of building permits. 15. Final building colours shall be submitted for review and approval prior to the issuance of building permits. GENERAL CONDITIONS/ CODE REQUIREMENTS 1. 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. 2. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 3. 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. I��IfI II�III IIII�I IIII IIII IIII IIIIIII III�IIIi�I II IIII 12�AA 230 f 3100R } 4. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 5. All materials on the flat portions of the roof shall be earth tone in color. 6. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 7. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. & Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 9. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 10. The street address numbering/lettering shall not exceed eight inches in height. 11. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 12. 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 and Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot 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 photometric study shall be required for all parking areas, driveways and entries. 13. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 14. 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 Peeing being 112% for commercial projects or 114%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed.and approved by the Director of 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. IIIIII IIIIII IIIIIIIIII 3111111111111111111111111 1.2064-1003312 of 3100P 15. Details of pool fencing (material and color)and equipment area shall be submitted with final landscape plan. 16. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project ,maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 17. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 18. Parking stalls shall be delineated with a 4 to 6 inch double stripe- hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6"barrier curb shall provide wheel stops. 19, Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 20. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 21. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight(8)handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 22. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 23. Curbs shall be installed at a minimum of five(5)feet from face of walls,fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2)feet from the face of walls, fences or buildings adjoining driveways. 24. Trash cans shall be screened from view and kept within fifty(50)feet of the street. Contact Palm Springs Disposal Service (760-327-1351) to verify individual can collection will be provided. If individual can collection is not permitted, trash enclosures shall be provided. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. I IIIIII IIIIII IIIIII IIII IIIII IIII IIIIIII III IIIIIII II IIII 12 17/2 G 408 GOA FIRE DEPARTMENT 1. Building or Complex Gate Locking Devices: Locked gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 2. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 3. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 4. Fire Extinguisher Requirements: Provide one 2-A:10-13:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 5. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 6. Trash Container Protection: Trash container space is within 5 feet of the building wall. Provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater,then the enclosure must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineerto the Engineering Division.The plan(s)shall be approved by the City Engineer prior to issuance of any building permits. SOUTH PALM CANYON DRIVE 3. Construct a 6 inch curb and gutter, 32 feet west of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. Transition of new curb and gutter to the existing improvements on South Palm Canyon Drive off-site (south and north of the project {site) shall be made to'the satisfaction of the City Engineer. IIIIII IIIIII 1131IIII111IIIIIIIIIII III IIIIIIIIIIIII 12�0A 260of 3100F i 4. Construct a minimum 24 feet wide driveway approach for the southerly access to the project site in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be located approximately 205 feet north of the south property line, in accordance with the approved site plan. 5. Construct a minimum 32 feet wide driveway approach for the northerly(main) access to the project site in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the proposed driveway approach shall be located approximately 365 feet north of the south property line, in accordance with the approved site plan. 6. Construct an 8 feet wide sidewalk adjacent to curb along the entire South Palm Canyon Drive frontage in accordance with City fo Palm Springs Standard Drawing No. 210. 7. Construct a Type C curb ramp meeting current California State Accessibility standards at each side of the north driveway approach in accordance with City of Palm Springs Standard Drawing No. 214. 8. Construct a Type B (mid-block) curb ramp meeting current California State Accessibility standards opposite the northeast corner of the intersection of South Palm Canyon Drive and Murray Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 213. 9. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire South Palm Canyon Drive frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 330, 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. 10. Construct a parkway drain in accordance with City of Palm Springs Standard Drawing No. 705 at a location as approved on the associated storm drain improvement plans. 11. Additional improvements on South Palm Canyon Drive downstream of the project site as necessary to adequately convey concentrated stormwater runoff flows outletted through the proposed on-site storm drain system shall be made as required by a Hydrology Study and Hydraulic Analysis of South Palm Canyon Drive prepared for this project. Measures to prevent erosion and degradation of off-site street improvements due to concentrated stormwater runoff shall be made to the satisfaction of the City Engineer. PRIVATE STREET 12. The on-site private street shall consist of a 24 feet wide two-way street as shown on the approved site plan. All on-site private streets shall be constructed with a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction. Provisions for drainage of private streets, including curbs and gutters, shall be provided to the satisfaction of the City Engineer. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "IT'values from the project site and submitted to the City Engineer for approval. IIIIII NIII�IIIII�IIII I�III IIN IIIIIII III IIII�II II IN 12�LAA 270©0 3100E J' 13. Parking shall be prohibited along the private street except for designated parking areas. SANITARY SEWER 14. All sanitary facilities shall be connected to the public sewer system if not already connected. Laterals shall not be connected at manholes. 15. Construct an on-site (private) sewer system to collect and convey sewage through a maximum of one lateral to the sewer main located in South Palm Canyon Drive. 16. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's)required for this project. GRADING 17. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10(dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check B. Copy of signed Conditions of Approval from Planning Department C. Copy of Site Plan stamped approved and signed by the Planning Department D. Copy of current Title Report E. Copy of Soils Report F. Copy of Hydrology Study/Report 18. Drainage swales shall be provided adjacent to all curbs and sidewalks, T wide and 6"deep, to keep nuisance water from entering the public streets, roadways, or gutters. 19. 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 Precise Grading Plan. IIIIIIIIIII IIIIII IIII IIIII IIII IIIIIII IIIIIIIIII II III 12 AD 2 oe t8dR 28 of 31 20. In accordance with City of Palm Springs Municipal Code, Section 8,50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 21. A soils report prepared by a California registered Geotechnical Engineershall 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 Precise Grading Plan. 22. Contact the Building Department to get information regarding the preparation of the PM10 (dust control)Plan requirements. 23. 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) or a verbal release from that office prior to the issuance of the City grading permit.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive,Palm Desert(Phone:760-776- 8208). DRAINAGE 24. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system(if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage systems (if any exist), and to determine required stormwater runoff mitigation measures for the proposed development. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 25. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 26• Off-site stormwater runoff collected and conveyed through an on-site storm drain system shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the storm drain system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. 27. Construction of a stormwater inlet structure on adjacent off-site property shall require written authorization of the record property owner prior to approval of storm drain improvement plans. Absent written approval of the adjacent property owner, all storm drainage improvements shall be constructed on-site. 1111 II Iillll I IIII I I II II IIII II IIII I III 1111111111 12�AA 29t3i00fl + � f 28. Submit storm drain improvement plans prepared by a Registered Civil Engineer to the Engineering Division.The plan(s)shall be approved by the City Engineer prior to issuance of any building permits. GENERAL 29. 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. 30. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors,and all gas,telephone,television cable service,and similar service wires orlines, which are on-site,abutting,and/ortransecting,shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities located along the west side of the subject property meet the requirement to be installed underground. The developer shall underground the existing overhead lines across the property and the existing overhead lines across South Palm Canyon Drive by setting a new power pole at the southeast corner of South Palm Canyon Drive and Murray Canyon Drive. Specific requirements for utility undergrounding shall be in accordance with Souther California Edison regulations. 31. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 32. 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. 33. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 34. 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 35. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division. 36. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. The map shall be approved by the City Council prior to issuance of building permits. INIIII III IN 11111 IN 12 003 904 f 311N6F Y TRAFFIC 37. A minimum of 48 Inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities forhandicap accessibility.Required clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or by relocation of encroachments along the public street frontages. 38. 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. 39. This property is subjectto the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Illfll IIIIII IIIIII IIII IIIII II I IIIIIII II�IIII IIIIII II 12 2A0 310 f 3t100P Bond No. 221844 Executed in Four (4 ) Parts Premium: $4, 000 . 00/ 2 years CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Palm Canyon Townhomes, LLC, a California Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install anq complete certain designated public improvements, which said agreement, dated DC 9 , 2004, and identified as Tract Map No. 31354, 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 Amerfcari Lp 4r.16t t'S In Anni as I J Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City" , in the penal sum of Two Hundred Thousand and 00/100 dollars ($200,000.00) 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, i instrumen)t has been duly executed by the Principal and Surety above named, onb� 'L! 2004. PRINCIPAL Palm Canyo wn s LLC, alifornia Limited Liability Company 5J, S%3 . ) �P o, CA r�p. j iMavnjs'N9 yYlew ber By: By: 'Signature/ Signature $y ):a i d �b'I �'ar, p24;o(eytf By: Name and Title Name and Title SURETY American Contractors ' .$y: Indemnity Company By: (Surety Name) Attorney-in Fact D vid Noddle (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - Tli State of California ss County of II i is On before me, Dale n/'� � Norne Y e ,Ile of 01l1oerv9""Jena oa,Nolary Publm" �9 personally appeared . Nerogs)of B,gnehs if �y-tfnOWn-tfTm'� k roved to me on the basis of satisfactory Y evidence 'Imp to be the person( whose nameO isfere subscribed to the within instrument and O.MALENANDRA W. SA)f acknowledged to me that hekheHh"executed " ComnYbbnf 11V2161 the same in hisfherftIT& authorized yComm.50I Notary RrbYC -Cafltgnbcapacity(, and that by hisiherfthefrLoa ArgW m County signature(v on the instrument the person(, or 2005 the entity upon behalf of which the person) ;pf acted, executed the instrument. :n WITNESS my han Ind olfpiia I. C w 9ignalure of Nolary Puhla t d' I, it - OPTIONAL Though the information below is not regmled by law,it may prove valuable to persons relying on the document and could prevent Paudolent removal and reattachment of this form to another document. Description of Attached Qocumpnt � Title or Type of Document: ocument Date: � �( I F Number of Pages: Signer(s) Other Than Named Above: e _ fCapacity(ies) aimed by Si ner Signer's Name: ARNOW Xvidual Top of thumb here porateOfficer—Title(s): et 'b ❑ Partner—❑ Limited ❑General �I^ ❑ Attorney-in-Fact ^i ❑ Trustee It ❑ Guardian or Conservator ;f If) ❑ Other: .� r IfSigner Is Representing: t/ 4�kJN-•0'y`-y' b/(/�pl(�(� ti I/ VVV C11999 National Notary Assoc,ation•9350 Do solo Avo,PD.Box 2402•Chalsvorlh,CA913132402•wwwnat,onarrob,ing Pmtl No 5907 RI Doll To11I1-000-6)9-692] �w'�my�n..�.r i.vn+Vn a,n..tr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ .^ ...�-" ,ors:r--,t'.c^ wcn�--r ., ,i=rccc;c-,c=.cu:z�.er..c�.c-,rvrrr�;e.�m'.r-crTrmc:r•.c-nc-�^r. •,c-cle�-c ,n�r P State of California r�I County of Los Angeles rh h Z h On OCT 2 9, 2002 before me, Christopher Sohn Rizzotti, Notary Public Date O I Name and Title of Officer(a g.,"Jane Doe,Notary Public') � personally appeared David Noddle Name(s)at Signer(s) Upersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument fi. and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ; his/her/their signature(s) on the instrument the erson s r' t cwwlsIOPHER 10M RIZZOTl I n" v p p ( ) ( ) Cammissian''f 133a •� or the entity upon behalf of which the person(s)s acted, ' b', t " Nptary public-Caiifornfa g executed the instrument. At��G�LES County .r ncxpires JAN D,2� WITNESS my han hd ff•'cial seal. �l1 signplure of Notary Public OPTIONAL IcIh Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent t fraudulent removal and reattachment of this form to another document. Description of Attached Document k Title ar Type of Document: ' Document Date: Number of Pages: �J� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: zip ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ' Title(s): Title(s): ' C Partner—❑ Limited ❑ General ❑ Partner—❑ Limited C General C Attorney-in-Fact ❑ Attorney-in-Fact C Trustee ❑ Trustee C Guardian or Conservator , •� r`-- � C Guardian or Conservator •, ' n=,-I <', C Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: �i;�Wco�cc:�^�t.�w�u�•��(xu^fit'.•�:��-u�Tu�swr�;�=�:�=e..,. . . . .� � -� _- .. -:'_-�"_�-u�z•��.?=c�?�. C`1995 National Notary Association•8236 Hammel Ave,P.O Box 7184•Canoga Park,CA 91309-7184 Pad No 5907 Roamer.Call Tall-Free 1-869-876-6827 Executed in Four (4 ) Parts Bond No. 221844 • `=;�":S"„ iVia izSi i�?Clia' i�?c,_i iB"6 CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Palm Canyon Townhomes, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install an complete certain designated public improvements, which said agreement, dated Eohpr Z Lq I , 2004, and identified as Tract Map No. 31354, 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 One Hundred Thousand and 00/100 dollars ($100,000.00), 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, thisj*nstrumen�as been duly executed bythe Principal and Surety above named, on Oc 6er .2 2004. PRINCIPAL Palm Canyon Townhomes, LLC, a California Limited Liability Company eve l �w�en ( � C.A- core.) Maving Me�be� By: 1114w�'w -rBy: ig(nture � Signature By: Dxvi& 1416lio-rkj Reg IdewC By: Name and Title Name and Title SURETY i American Contractors _ Indemnity Company By. (Surety Name) By. ey in ' David Noddle (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t'! kr � State " - - _ - - - _ -- • ' - - - - - - of Cahfo nia �n I ss � .� 1. it County of On ©'W' before e,�fLK� (H' n, note /\�� Name antlP o101Lcer(e g,"Ja�Doe,Nolery Puba / � F personally appeared r , Na,ne1:�m saner -gi rm now m i ' 8'proved to me on the basis of satisfactory evidence It I A _ to be the person(X whose name(A isfare- I''ll subscribed to the within instrument and ALEXANDRA W. DAX acknowledged to me that hefsheAhey executed 9,C CommissionX1292466 the same in his�-rtheiF authorized T Notary PubNc - CaltornlaLos Angeles County capacityQesf, and that by his{WertMerMyComm.E signature(v on the instrument the persona, or i.. < < _ `xpke�Jon2@2005I the entity upon behalf of which the person( Ld' acted, executed the instrument. WITNESS my han and offcial I. Slgnalure of Notary Public �1 -- 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 Document Title or Type of Document: W,,r% Document Date:_l/�.L�• � Number of Pages: I�III `l Signer(s)Other Than Named Above: T Capacity(ies) Claimed by Si near f- Signer's Name:1)iA Ir ❑ In Ivldual ` Top otu,Bmbhere al 11� rporate Officer—Title(s): n IrI ❑ Partner—❑ Limited ❑GeneralS'I ❑ Afforney-in-Fact ^I ❑ Trustee ❑ Guardian or Conservator Ire. El Other:Signer Is Representing: I � 'I it`ll rr I" r C11999 National Near,Assocladdn•9350 Be Solo Ave,P.O.Box 2402•Chalswonb,CA 913132402•www naLonalnolaryorg Prod No 5907 Reorder Call Toll-Free 1800 876-6827 ,, ,y.�i, nir 'lk y,rp��. � �.„, , ,_ {, i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i i, County of Los Angeles On OCT 2 9 2004 before me, Christopher John Rizzotti, Notary Public 5 Date Name and Tire of Officer(e.g.,"Jane Doe,Notary Public') 5 personally appeared David Noddle Name(e)of Slgnerg) §I Upersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the I ' same in his/her/their authorized capacity(ies), and that by i F his/her/their signature(s) on the instrument the person(s), 1 y r ,-_: - p{g151pPHER IOHN Ri2Z0r1i or the entity upon behalf of which the person(s) acted, i! �f Commission 13 4w . 7 73 executed the instrument. 3 ufz .; . a c p; oia y Public {3gA California N 5J r � --i, LOS ANGELES County �� -.. 10,2� WITNESS my hand and �ici/a�l,sea] WlyComm Expires JAN . 2 11111111 a"ture of Nbtary Public I'J fi OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. �. B)I '. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ( , Signer's Name: Signer's Name: � ❑ Individual G Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): C Partner—❑ Limited ❑ General ❑ Partner—❑ Limited C General ❑ Attorney-in-Fact G Attorney-in-Fact ❑ Trustee ❑ Trustee � I:•• 11h � 41:^• 1t ❑ Guardian or Conservator - -•. V - 1-1Guardian or Conservator 2• ❑ Other: _ Top of thumb here Ej Other: Top of thumb-here j Signer Is Representing: Signer Is Representing: ol Ca;1995 National Notary A...rmLon•0236 Remmet Ave.,P.O.Box 7104•Canoga Park,CA 01309-7184 Prod No 5907 Reorder,Call Toll-Free 1-600-876-6827 American Contractors Indemnity Company %4I Airport Blvd.,9"'Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRF SENTS: That American Contractors hrdemnii y Company of the State oCCalifomia,a California corporation, does hereby appoint, David Noddle of Encino,California its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S "1'1,000,000.00'i"'Dollars This Power of Attorney shall expire without further action on March 18,2007. This Power of Attorney is granted ai id is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERIC kN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6"' day of December, 1990, "RESOLVED that the Chief Executive Officer, President at any Vice Presiders, Executive Vice President, Secretary or A,s.sistant Secretary,shall have the Power and audanrin, 1. To appoint Attorney(s)-m-Fact and to authorize then to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, ;ant acts ofirulenanit),mvd other mnrtmgs obhgatarn in Nae iwture thereof mad, 2 To remove, at map time,c ny such Attorney-nr-Fuct and revalce the outhmiQ,wen. RESOLVED FURTHER, That the signo'ures of surh at `icers and the seal of the Compant,niay he affixed to may such Power of Attorney or certificate relating the, by,facsinaile, and may sech Power of Attorraev at cernfieate bearing such facsimile slgnatiares or,faasiraale seal,shall be valid and binding upon the Company and may Such power m executed and certified by fac6ralle signantres and facsimile seal shall be valid and binding itpon the Company in the fidure with respect to any bond in undertaking to imhich it is attached., IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15"'day of December,2003. !C4 CTORS, AMERICAN'' C 10ITRACTORS INDEMNITY COMPANY q� HCORPUXI RAEU � WFPT26,199n -c By: ? o^ Robert F. Lomas,Chief Executive Officer STATE OF CALIFORNIA GF4Rlnp• § COUNTY OF LOS ANGELES § On this 15" day of December 2001, before toe, Deborah Reese, a notary public,personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnify Company, to me personally known to be the individual and officer described heroin, and acknowledged thathe executed the Foregoing instrument slid affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official send. - — � � ` • • ' .` , r _` l)6SgRNi REESF Commlulon M I Z 149 0(//y] ✓12!�.i-� Notary Fudc-Cotltomla Signat,.ule of Notary Los Angola s County 47 My Comm.Fxpkes Mar 18,2007 My Commission expires March 18. 2007 a.,, ,f ., R a w.. I,.Teannie.i.Kim,Corporate Secretay of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are time and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in fill force and effect. IN WITNESS HEREOF,I have hereunto set my]land this79tIt dayoCOctober 2004 Bond No. 221844 Joann c.UJI1,un,Cot oiate Secretary Agency No. #6420 R-.voniznsrov Executed in Four (4) Parts Bond No. 221845 Premium: $300. 00/ 2 years CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Palm Canyon Townhomes, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated 6e-6her 21 2004, and identified as Tract Map No. 31354, 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. �/� I r� n� NOW THEREFORE, we, the Principal, and Awrlcan (t ,4m-kr� Ty)4ewr%,i a surety, are held and firmly bound unto the City of Palm Springs (hereinafter called ity"), 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 Two Thousand and 00/100 dollars ($2.000.00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. 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�1 this instrument has been duly executed by the Principal ed and Surety above nam , on vc YJ�/ -)qUI 2004. PRINCIPAL Palm Canyon T wnhomes, LLC, a California Limited Liability Company 3J: S,vn� e10 menl; a GA �rpz Nnu�rh� Me�+ber By: By: S gnature Signature By: 4d 1 ci r43 Pes.a,ewf By: Name and Title Name and Title SURETY American Contractors gy: Indemnity Company By: (Surety Name) At -in-Fact David Noddle (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ - b State of Calif rnia ss a County of On p� 1 aC�Q before me, 'Ll.�ll J �LWt�tl-y 'L-,i �� nJ � '//� I\�No son Ile of 0i(e g.,"Jane Da,Nolary Puhbc') personally appeared rYJ� (�-y. Nari of S"cons) FJ' na y knovmt-te-m� i . roved to me on the basis of satisfactory Q rs v evidence to be the person( whose nameO is1are- subscribed to the within instrument and ALEf(ANDRA W B acknowledged to me that he/,s4 kheq executed -' CommhslonX1242468 the same in hisAirerPotetr authorized �;��; •.� Notary Publ� -Colltornlp capacity06 and that by hisAerfkheir =?' Los Angeles County signature(K on the instrument the persori or �,;i MyComm.EoesJon28,200.9 the entity upon behalf of which the person) � _ - - - - - - - - - - - E acted, executed the instrument. WITN S my han and offir� V�/ If 1 SgnaWre of Nolary Pobic / Il OPTIONAL — r Though the information below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document j II' Description of Attached Docu e t t Title or Type of Document: Document Date: V��• OI�I Number of Pages: I �] r ' Signer(s)Other Than Named Above: i Capacity(ies) aimed by Sier �//� � Signer's Name: L�CI� ❑ individual ' J`l n � Top ofn,umbnera m_ orporateOfficer—Title(s): ''' �f ❑ Partner—❑ Limited ❑General 4i ❑ Attorney-in-Facto W ❑ Trustee ❑ Guardian or Conservator �,i It ❑ Other: it I Signer Is Representing: ©1999 Nalmnal Notary Association-9350 No Soto Ave,PO Box 2402•Chatsworth,CA 913132402•rvww nationalnolaryorg Prod No 5907 Reorder Call Toll-Free 18008766B27 '�w..ti'w�h-,M114xA-rAk_,�"n.:ww.;+F«.•�w'�, �;. p M1L .�... . __ R .:i�.l��.�. �, n ., . . "� 'ir I". ., �., CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT k ..(,r.,e:cum.�s�-��LY��".c,r•,�rz=ru=rc:^,��cr..�-r..c�^ss?s �:amcrc�^.coo-.cr.c�ccacr.�,r-crc-o.�rK-rfc-c�,�-t�,c=�Cscr�-'S State of California I County of Los Angeles h On I OCT 2 9 2001� before me, Christopher Sohn Rizzotti, Notary Public Date Name and The of Officer(e.g,"Jane Doe,Notary Public') rh personally appeared David Noddles r Namefs)of Signer(s) %personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by > his/her/their signature(s) on the instrument the person(s), rnr•- n" ..aiu.dr5,nksc&nserfgeetiM+dn�'� r !T �+k�'.''+1 CfikiSlGPIiER IGI1N tailZGTTI or the entity upon behalf of which the person(s) acted, �> a 0, Comrnission '4 1334447 ra executed the-instrument. d Z Zary �Ublic_Callfornis r LC78 ,4PlGEI.Lti County WITNESS �y hand \nd official seal. S IylyCommErplres,IAN10 Igfiature of Notary Public �> ' OPTIONAL Though the information below is not required by law, it may prove valuable to persdns relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Iy� fi k�l Description of Attached Document Title or Type of Document: ' Document Date: Number of Pages: I '> Signer(s) Other Than Named Above: ( Capacity(ies) Claimed by Signer(s) 6 Signer's Name: Signer's Name: 'S 541 ❑ Individual ❑ Individual ❑ Corporate Officer C Corporate Officer Title(s): Title(s): C Partner—- Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee C. Trustee C Guardian or Conservator Q•X ❑ Guardian or Conservator 0�a. 2�'S• L, Other: Top of lhumb here ❑ Other; Top of thumb here Cj Signer Is Representing: Signer Is Representing: l� 0 1995 National Notary Associda.n•0236 Pori Ave,PO.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6627 American Contractors Indemnity (Company %41 Airport Blvd.,9"'Floor Los Angeles,Cafiforaia 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRI'SENTS: That American Contractors hidcmni'y Company of the State of California,a California corporation, does hereby appoint, David Noddle of Encino,California its true and lawful Attorney(s)-in-Fzet, with full authority to execute on its behalf bonds,undertakings, recognizances and other contracts of indemnity and writings obligator✓ in the nature thereof, issued in the course or its business and to bind the Company thereby, in an Amount not to exceed $ '"'I" 1,000,000.00"""Dollars This Powers of Attorney shall expire without further action on March 18,2007. This Power of Attorney is granted al rd is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERIC,AN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6"' day of December, 1990. "RESOLVED that the ChiefEettruhve CI(fcei, President or any Fice President, Executive Vice President, Secretory m Assis7mht.Secretm;7,,shall have the power and aiahori0, 1. To appoint Attm'neJr(,v)-ir-Fact and to authorize them to execute on behalf of the Compaahy, and attach the seal of the Company thereto, bonds and under ralangs, .ontracn of mdenn in,and other wrinngs ohligaron,is the Mara e thereof and, 2. To remove, at ant,t8ne,c pi),such,91t0Vaaj'-In-Fact and revoke the Mahal in'gaven. RESOLVED FURTHER, that the si,gaa awes of such of and the seal of the Crnrapahir,mct7, be affixed to any such Power of Atrorney at-certificate relating thereto by facsimile, mhd anr sink Power ofAitorney or certificate be+w ing larch facsimile-signatures or fac,sinale seal shall be valid and binding upon the Compmp,and may such power sa executed and certified try,facsimile signatures and f lesimile seal shall be valid and binding upon the Company in the,future rovah respect to any bond or uvdertalmrg to which it is attached." IN WITNESS WHEREOF,Amene,rn Contractors Indenmfty Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15`I'day of December,2003. J�ZQA4TOpf2�o AMERICA RA.CTORS INDEMNITY COMPANY 41 INCORPORATED m SEPT.2A,1990 -"'s By: tj 1t4 ,o Robcrl F. T comas,Chief Executive Officer STATE OF CALIFORNIA •TAI �p• ti COUNTY OF LOS ANGELES § On this 15"i day of December 2003., before tine, Deborah Reese, a notary public,personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors indemnity Company, to tie personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official set I. -0 A16W +* — 46— +''INA6..� ' �� 1?E@ORrW NEESE ! Commbslon#1406149 G hf j/?11% �j e�y Notary Public-California Signature of Notary las nngelos County r[ M Commission expires March 18 2007 My oomm.Expkes Mar-* .07f I, Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revolted and they are now in full force and effect. IN WITNESS HEREOF,I have be eunto set my hand this 2 9 t h day of Oc t o be r L 200 4 Bond No. 221845 Jeann e J.ICim,Cor porn relary Agency No. 46420 Rev POA 1211 i133 M E M O R A N D U M TO: David Barakian Director of Public Works/Engineering FROM: Kathie Hart \;e Chief Deputy City Clerk DATE: January 18, 2005 SUBJECT: Mountain Gate II Subdivision Agreement A5003 cc: Jay Thompson, City Clerk File Attached are three (3) duplicate originals of the above referenced agreement. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. CONTRACT ABSTRACT Contract Company Name: Palm Canyon Townhomes, LLC Company Contact: David Hilliard Summary of Services: Subdivision Improvement Agreement Contract Price: N/A Funding Source: N/A Contract Tenn: 2 Years Contract Administration Lead Department: Public Works &Engineering Contract Administrator: Marcus Fuller Contract Approvals Council/ Agency Approval Date: Nov. 17, 2004 Minute Order/Resolution Number: Resolution 21142 Agreement Number: A ? Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Marcus Fuller Submitted on: Nov. 23, 2004 By: Marcus Fuller 41 Of P A 1 .. SA City ®f Palm Springs Department of Public Works and Engineering a 3200 E. Tahquiez Canyon Way • Palm Springs,California 92262 C'141F0 VVI, * Tel: (760)323-8253 m Fax: (760)322-8360 • Web:www.a.palm-springs.ca.us MEMORANDUM DATE: November 23, 2004 To: Kathie Hart, Acting City Clerk FROM: Marcus Fuller, Senior Civil Engineer�w SUBJECT: Tract Map 31354, Palm Canyon Towhomes Attached are the following documents, as approved by City Council on November 17, 2004, (Resolution 21142, Agreement A[unassigned]): 1. Subdivision Improvement Agreement (4 original copies) 2. Securities, consisting of the following: a. Faithful Performance Bond 221884, $200,000 b. Labor and Materials Bond 221884, $100,000 C. Monumentation Bond 221885, $2,000 The above 3 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. A warranty bond will be submitted upon acceptance of all improvements by the City, and is not included with the documents at this time. Please return three executed Subdivision Improvement Agreements for my further processing.Thank you. Post Office Box 2743 1 Palm Springs, California 92263-2743