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04950 - NRC-1 LLC TTM 31980 1000 EAST PALM CANYON NEXUS RESIDENTIAL COMMUNITIES SUBDIVISION IMPROVEMENT
Page 1 of l Kathie Hart From: Carol Templeton Sent: January 10, 2008 4:25 PM To: Kathie Hart Subject: RE. A4950SIA for the Biltmore Yes, Carol Templeton, Engineering Associate City of Palm Springs Engineering Division /` � Direct (760) 323-8253 Ext 8741 Fax (760) 322-8360 or 322-8325 !Zargi,!Qmp!Qtqr!@p-almspringslpa.gov http_I/www.gcode.us/codes/palmsprings/view=php � e From: Kathie Hart Sent; Thursday, January 10, 2008 4:13 PM To: Carol Templeton Subject: A4950 SIA for the Biltmore Is this agreement ready to be closed? A. V� Kathie Hart, CMC Chief Deputy City Clerk City of palm Sprigs 3200 Tahgin7 Canyon Way Palrn Springs CA 9776A Kof6re,Hor•tC�polryrsprmgs-cpgo v nfi,pe (7630)373-8206 01/10/08 • • d llr1r���=='F~t City of Palm Springs DepAruncnc ref Public Wurks and linginccring iIOU I llh,lviri ( un,ni \\'.n Pdin Sp[inr,s ( .ililwui i V"(,1 •q(/FO_� f 'lil (760) 1Ii-115 Fn 1 '6I ) 6(1 • \\4h « il`Jm-.I•nn_tir iu, January 10, 2008 Insurance Company of the West 11455 El Camino Real San Diego, CA 92130-2045 Attn, Bond Department Re: Tract Map 31980 ("Biltmore") 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 NRC-1, LLC, related to Tract Map 31980 have been satisfied. The subdivision improvements for this development were accepted by the City on January 9, 2007. The Maintenance and Warranty portion of the bonds can now be released- The following subdivision securities required by the agreement may now be reduced to the following amounts: Warranty Bond; Bond No. 213 43 30M; $0.00 If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate cc, E.Garth Erdossy,Nexus Companies -email;Insurance Company of the West,Attention,Bond Department-via(acSim/le.(858)350-2909, Olanef�nlrnap sr"com.-James Thompson,City Clerk;7M31950 fi/C ti o ,Y C7 © 1� 3 c v w �> Post Office Box 2713 • Palm Springs, California 92263-2743 P of PAY Al Ufa Q6 City of Paim ,,�Piriricrs 1� hr ,�� �i 'yw %••�,,1' l�aparcmm�f of PLII)HI \Voris 111r1_,3.;li.;l,liucnn� Cq P i211U 2Lihyuirf ( inynn \4%i • I'�iii fiLi •i bthC)Fb�' ')� 62 UPO T.I F(10) 1-('II) l.'.' ;iMl \dl. u.h.dm-Yhrmc4iw August 23, 2006 Insurance Company of the West 11455 El Camino Real I San Diego, CA 92130-2045 I I I Attn: Bond Department j Re: Tract Map 31980 ("Biltmore") 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 NRC-1, LLC, related to Tract Map 31980 have been partially satisfied. The Desert Water Agency has j released their bond for the waterline work (accounting for $403,000.00 of bond). The Maintenance and Warranty portion of the bonds can not released until one year after the date of i acceptance of the TM31980 work in its entirety by the City of Palm Springs (accounting for $170,000-00 of bond that must remain in place). The following subdivision securities required by the agreement may now be reduced to the following amounts: Faithful Performance Bond; Bond No. 213 43 30; $477,000.00 Labor and Materials Bond; Bond No. 213 43 30; Included in Faithful Perf. Bond i I The following subdivision securites required by the Subdivision Improvement agreement shall remain in full force and effect until further notice: • Warranty Bond; Bond No. 213 43 30M; $170,000.00 (included in Faithful Performance Bond and in the reduced bonding required above) If you have any questions, I can be reached at (760) 323-8253, extension 8741. i Sincerely, I Carol Templeton Engineering Associate Cc E Garth Efdossy,Nexus Companies -via facsimile'(714)546-5660,Insurance Company afthe West,Attention:Bond Department-via facsimile. (656)350-29091 James Thompson,City Clerk.TM319W file Posi Office Box 27113 a Palm Springs, California 92263-2743 F aLM� p r 'i 1 sA� .� ]7 C, L CIS Y 0f PL4 nl . .-rice gs DeportilicnC Of PLIb ic:,%k zkN a'lie� t r�ExlS�ixl��ring • C e "« oe�nrea 'i i 1(Y) F I digiiin (,olynn Wli.y ' (N'�Itn''Ij iri i4'_'^.;C?.11iromi'l 7 16 •q(!FQ(lA\ Tc !7(,O) i?i 1�)ii • Fn (760) i12 ti 60 \C4h p«o LLIMJ in-.hi'ni GS ca uS August 22, 2006 Insurance Company of the West 11455 El Camino Real San Diego, CA 92130-2045 Attn: Bond Department I Re: Tract Map 31980 ("Bittmore") 1 I 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 NRC-1, LLC, related to Tract Map 31980 have been partially satisfied. The Desert Water Agency will not release their bond for the waterline work (accounting for$403,000-00 of bond that must remain in place). The Maintenance and Warranty portion of the bonds can not released until one year after the date of acceptance of the TM31980 work in its entirety by the City of Palm Springs (accounting for $170,000-00 of bond that must remain in place). The following subdivision securities required by the agreement may now be released: • Faithful Performance Bond (Monumentation); Bond No. 213 43 31; $6,678.00 The following subdivision securities required by the Subdivision Improvement agreement shall remain in full force and effect until further notice, • Faithful Performance Bond; Bond No. 213 43 30; $880,000.00 • Labor and Materials Bond; Bond No. 213 43 30; Included in Faithful Perf. Bond • Warranty Bond; Bond No. 213 43 30M; $170,000.00 (included in Faithful Performance Bond and in the reduced bonding amount above) If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, eiqj� Carol Templeton Engineering Associate Or E.Garth Erdossy,Nexus Companies -via facsimile:(714)546-5660,Insu ance Company of the West.Attention•Hond Department,via hImmde. (658)350-29w;James Thompson,City C/erk'TM31980 file Post Office Box 2743 ' Palm Springs, California 92263-27,43 . cAf .1 P ?AL,13 \�O 1 • . City of V lm Springs 9� Deparunenx of Public Works and Engineering `bkAORAi IO`p4 'F P, 3200 E. Tahquirz Canyon Way • Palm Springs,California 92262 Tel. (760)323-8253 • Fax (760)322-8360 " Web: www.ci.palm-springs.ca.Lis February 22, 2006 �U Insurance Company of the West "a 11455 El Camino Real San Diego, CA 92130-2045 ''• Attn: Bond Department Re: Tract Map 31980 ("Biltmore") (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 NRC-1, LLC, related to Tract Map 31980 have been partially satisfied. The Desert Water Agency will not release their bond for the waterline work (accounting for$403,000.00 of bond that must remain in place). The Maintenance and Warranty portion of the bonds can not released until one year :after the date of acceptance of the TM31980 work in its entirety by the City of Palm Springs (accounting for $170,000.00 of bond that must remain in place). The following subdivision ,securities required by the agreement may now be reduced to 80.00%to the following amounts: • Faithful Performance Bond; Bond No. 213 43 30; $880,000.00 • Labor and Materials Bond; Bond No. 213 43 30; 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. 213 43 31; $6,678.00 • Warranty Bond; Bond No. 213 43 30M; $170,000.00 (included in Faithful iPerformance Bond and in the reduced bonding required above) Posr Office Box 27d3 ° Palm .Spiringn, California 92263-2743 I I TM31980 Bond Decrease Letterl February 22, 2006 I IIf you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate I I Co: E.Garth Erdossy,Nexus Companies -via facsimile:(714)546-5660,Insurance Company of the West,Attention:Bond Department-vie facsimile:(858)350-2909;James Thompson,City Clerk, TM31980 file Doc a 2004-076$372 09/28/2004 08:00A Fee:NC Page 1 of 36 Recorded in Official Records County of Riverside PLEASE COMPLETE THIS INFORMATION Gary L. Orso RECORDING REQUESTED BY; Assessor, County Clerk d Recorder III I III II IIII I III IIIIIII I I IIIIIII III IIIII IIII IIII AND WHEN RECORDED MAIL TO; RETURN TO: s u PAGE sue DA PcoR Nx SM oR F wsc. CITY CLERK M I ,�G CITY OF PALM SPRINGS BOX 2760 PALM SPRINGS,,C CA 92263 A R L COPY LONG REFUND NCHG SPACE ABOVE FOR RECORDER'S USE ONLY A 1 Title of Document /V/CG/-/, G L e T NRC-1 LLC Subdivision Improvement AGREEMENT#4950 R21070, 9-1-04 'HIS R ����� gs f Ml, 0 R DJ EM &,/\x US, El 0NL-Y r THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STCSCSD 996e(Rev 8/97) SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and NRC-1, LLC A CALIFORNIA LIMITED LIABILITY COMPANY IIII II III III III III IIII IIII II III 09 28�200�4�06700R 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 No Warranty by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 Authority of the City Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 Documents Available at the Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.11 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.12 Compliance with Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.13 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.14 Final Acceptance of Works of Improvement . . . . . . . . . . . . . . . . . . . . . . . 3 2. Time for Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.1 Commencement and Completion Dates . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2 Phasing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.4 Continuous Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.5 Reversion to Acreage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.6 Time of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1 Labor Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.2 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.3 Licensed Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Form of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Subdivider's Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.4 Letters of Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4.5 Release of Security Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5. Cost of Construction and Provision of Inspection Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.1 Subdivider Responsible for All Related Costs of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 II II II II III III III III III II111111111111 IN 09 28 3 of606700R 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 III I II II IIIIII I I I IIIII III III I II III III 09 28©2 04G08 00R 4 of 8 11 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this ioiS- day of S e , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and NRC-1, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of,and has obtained approval of a subdivision map for Tract No. 31980 of the property, located in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs for public use an easement for public utility purposes,togetherwith the right of ingress and egress for service and emergency vehicles and personnel, over Lot "A"; dedication for street and public utility purposes, Lots 'B" and "C"; and dedication to public use, the easement for street and sidewalk purposes. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements(herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $1,100,000.00. 1 IIIIII IIIIII IIIIII IIIIIIIIII III IIIIIII III IIIII IIII IIII 09 28/2 04s081 NR ' 4 r 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 "A" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. III II I I III III IIIII I I II III III I I III 09?80 6004508700fl 6 0£ 36 'f 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City 'inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items,the procedure 3 IIIIII IIIIII IIIIII III IIIIIII III IIIIIII III(IIII IIII IIII 08 280 8 04608?00R shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on'the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from d IIIIIIIIIIIIIIII IIIIIIIIII IIIIII II I IIIIIII 09 28�800£�06700R U y Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. III lilt III oil 11 Illi 2064-8762372 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $1,100,000.00 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 $550,000.00 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 $ 6,768.00 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$170,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in IIIIII IIIIII 111111111111111111111111111111111111111111 09 200109Op 3600q 6 default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10)days after written demand therefor, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit,the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds IIIIII 111111111111111111111111111111111111111111111111 09 2801 0rf 03600R in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the 8 I IIIIII IIIIII IIIIII III IIIIII'III IIIIIII III IIIIII III IIII 09 280 20074 03?00R Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative; legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. IIIII 9 09J'23/260408:00R111111111111111111111111111111111111111111111111 3 of 36 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. (Signatures on Next Page) 11111111111 99 20814of 86eea 10 r IN WITNESS WHEREOF, the parties hereto have executed this Subdivision 1 Improvement Agreement as of the date first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA y atricia . anders, City Clerk David H. Ready, Cit ger RECOMMENDED BBY: Ac APPROVED BY THE CITYCOUNCILCity Engineer p2/O �p � 9. �- a � SUBDIVIDER: NRC-1, LLC, a California Limited Liability Company / (Check One: individual, _partnership, _ corporation) By: By: Signature *Si ure Name and itle Name and/Title Mailing Address: Nexus Companies 1 Mac Arthur Place, Suite 300 Santa Ana, CA 92707 2004-0788872 I IIIIIII IIIIII IIIIII II�IIIIIII III IIIIIII III IIIIII III IIII 69I28/1500£ 36b0R I ALL-PURPOSE ACKNOWLEDGMENT State of �� � Q I CAPACITY CLAIMED BY SIGNER County of ran(� ❑ INDIVIDUAL(S) 1 ❑ CORPORATE OnSeWmVro2a � �JI t,20D before me, ane nidog OFFICER(S) Date I Name, Title of Officer TITLE(S) personally appeared -E_ 0 0 h frC�USS JY, ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) ❑ OTHER 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/hex/their signature(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: All . — � � — Witness my hand and official seal. MANE kIDOV /1 CommMlon# 151116E Nolory PUUMc-ColHomfa C� Signature of Not OKUWCounty 4 _ , MyCom_m.ExpkesSep`20 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above IIII (IIIII IIIII III II II III I IIIII III(IIIII III IIII 09 2�S 20 of 3600R CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of _ le r S 1 du e '( 1 I I t I On ' � d � 004 beforeme, cJI lifk Ar Wlckok NIZ&rY �'obIIC Dale nn (� Neme antl The of Olhcor(eg,"Jane Doe,�la Public" ` personally appeared FQ-tr 1 CI Q 1� .�Ct h d rS a h d L V I d � . Rec( d t)o Nome(s)of Signer(s) ersonally known to me ❑ pra�GJ lu me on the Dasla ul aa65faate{y- _ .NM A NCHOIS t Commlalon#1487623 r to be the persol(s whose namesQ are y NopayNW-Calfornia subscribed to the within instrument and RlvemMCornly acknowledged to me that hefsheQEeoexecutecl MyComm ilb0aMoy21,20D6 the sa in thel authorized — — 4111, — — — + — — + — • capacit ties and that by --HfsA4e thel sig nature s on the instrument the erson s , or the entity upon behalf of which the person@s acted, executed the instrument. TNESS /m/��1,J/h�1✓n/{a1nd Ia�(nd`official sssee1I/a] I/ Signature of Notary J11,T( ~ I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type ofDocument:�VpUtU m�PQ'VPWLPt� 1 At1y'Pew, E � f Document Date: S Q�� 16� _O 6 Number of Pages:::—__ Signer(s)Other Than Named Above: Da v i d ErI'C Gr8oSsy, NKC.-IILLC CEl LL Capacity(ies))CClaimed byr � .Signner� I f' Signer's Name: RA�rkcia I) . r,Aef s oI,A 1}�av*l ff .'Rfaly ❑ Individual l'! ^�,, G Tep of thumb here 19'Corporate Officer—Title(s): tit y Q e r k U n d ` ItN / b v)Q Ci-e r ❑ Partner—❑ Limited ❑General va ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: �j Signer Is Representing: �� Cl�V 0� 1 (ZI`11 ���t 19"r ©1999 Nallonal NolaryAssoclallon•9350 De Solo Ave,P.O,Bo%2402•Chafsm/orlh,CA91313-2402•wmwnal[onalnotaryor9 Pvd No 5907 Rooldec Call Toll-Free 1800876.6627 II IIII I III III II III IIIIIII I II III I I IIII 09 8�1 0of0 13 0R EXHIBIT "A" TENTATIVE TRACT MAP 31980 CONDITIONS OF APPROVAL IIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIII 09 28020 o�f03600fl EXHIBIT A CASE 5.0986 - CUP, PD-292 PRELIMINARY PLANNED DEVELOPMENT DISTRICT. PD,4292) TENTATIVE TRACT MAP 31980 1000 EAST PALM CANYON DRIVE NEXUS RESIDENTIAL COMMUNITIES, INC. CONDITIONS OF APPROVAL April 21, 2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative: la. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 b. 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,.vcid or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0986, PD-292 and TTM 31980. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and I IIIII�IIIIII IIIIII III Illlll�Ill IIIIII 1II Illfll I1I IIII 09�08 2004 086 3600R i } 1 agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 3. The appeal period for an Architectural Approval and Tentative Tract Map application is 15 calendar days form the date of project approval. Permits will not be issued until the appeal period has concluded. 4. The applicant prior to issuance of building permits for the 19 unit project component shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. CC& R's shall not be needed for the 133-unit multi-family component. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000, for the review of the CC&R's by the City Attorney. A $250 filing fee, or the fee in effect at the time of submission, shall also be paid to the City Planning Department for administrative review purposes. 5. All residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland and shall be adopted by Ordinance and/or Resolution. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1.2% for commercial projects or '/4% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the ail work and protect the public rights of access and viewing. Environmental Assessment: 7. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: Air quality: a. The applicant shall comply with Section 8.50 of the Palm Springs Municipal Code, Fugitive Dust and Erosion Control (PM-10) and prepare and submit a plan to the Building Department to control fugitive dust emissions in compliance with the South Coast Air Quality Management District (SCAQMD). The plan must implement II II II IIII I IIII IIII III 111111111IN 09 28@,124 2 0Of' 3600R reasonable available control measures to ensure that project emissions are in compliance with the SCAQMD. Cultural Resources: a. A Cultural Resources Monitor, designated by the Agua Caliente Cultural Resource Office, shall be present during all ground-disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indians Cultural'Office for additional information on the use and availability of Cultural Resource Monitors. b. Should buried deposits be encountered, the Cultural Resources Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment . plan for submission to the State Historic Preservation Officer and Aguat Caliente Cultural Resource Coordinator for approval. c. Two copies of any cultural resource documentation generated in connection with this project, "including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Geology and Soils: a. Design project structures to meet or exceed the minimum seismic design criteria as determined by site-specific detailed geotechnical investigations, if deemed necessary by a City building official. b. All structures to be constructed as part of the project shall be designed to meet the requirements of the latest edition of the Uniform Building Code. Noise: a. Exterior Noise Mitigation-Ensure that the planned masonry/glass perimeter wall for the swimming pools area facing East Palm Canyon Drive is at least 6.0 foot high, is at least 3.5 pounds per square foot of face area, presents a solid face from top to bottom, and has no decorative cutouts or line-of-site openings between shielded areas and the roadways. b. Interior Noise Mitigation-provide a "window closed" condition requiring a means of mechanical ventilation (e.g. air conditioning) for all units facing East Palm Canyon Drive. Units facing East Palm Canyon Drive should be provided with weather-stripped solid core exterior doors and exterior wall/roof assemblies and should be free of cut- outs and openings. c. All equipment shall be fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed. d. All stationary noise sources (e.g. generators and compressors) shall be located as far . from the adjacent residential receptor locations as is feasible. e. Construction shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between the hours of 8:b0 a.m. and 5:00 p.m. on Saturdays with associated sound barrier screening. No construction shall occur at any time on Sunday or a federal holiday. These days and hours shall also apply to any servicing of equipment and to the delivery of materials to or from the site. IIIIII IIIIII IIIIII III IIIIIII III IIIIII III IIIIIiI II IIII 08 �$20 0of 3600R Recreation: a. In accordance with Policy 10.3.3 of the City of Palm Springs General Plan, the proposed residential development would establish on-site recreational or open space facilities or contribute fees for public development of such uses. Transportation and Traffic: Off-site intersection improvement: a. Add an eastbound left turn land on East Palm Canyon Drive at the intersection of Camino Real and the project driveway. Off-site roadway improvements: a. Construct East Palm Canyon Drive at it's ultimate half-section width as a major roadway from Camino Real to Deep Well Ranch Road in conjunction with development. b. Construct Camino Real/Indian Trail at its ultimate half-section width as a Collector Roadway from the northerly project boundary to East Palm Canyon Drive in conjunction with development. c. Construct Deep Well Ranch Road at its ultimate half-section width as a Local Roadway from the northerly project boundary to East Palm Canyon Drive in conjunction with development. d. Participate in the phased construction of traffic signals through payment of traffic signal mitigation fees. e. Participate in funding of off-site improvements, which are needed to serve cumulative future conditions through payment of appropriate fees (TUMF). On-site Roadway Improvements: a. Traffic signing/striping should be implemented in conjunction with detailed construction plans for the project site. b. Provide a stop sign control at the intersections of all project access points that do not meet minimum traffic signal warrants and connect with the public roadway. Final Desiqn: 8. If, within two (2) years after the date of approval by the City Council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(1), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and-void and the Planned Development District and Tentative Tract Map shall expire. Extensions of time may be allowed for good cause. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 9. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down- lights shall be utilized. Illlll IIIIII IIIIII III IIIIIII I III II II II IIII 11 IN 09 280 2807fi0S 28 of 36 y a. If lights are proposed to be mounted on buildings, down-lights shall be utilized. b. A photometric study shall be required for all parking areas, driveways and entries. C. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). Architecture and Landscapinq: 10. Separate architectural approval and permits shall be required for all signs. 11. 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. 12. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 13. No exterior down spouts shall be permitted on any fagade on the proposed building(s) which are visible from adjacent streets or residential land commercial areas. 14. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 15. The street address numbering/lettering shall not exceed eight inches in height. 16. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 17. All common area swimming pools are required to provide an assistive pool entry device for the mobility impaired. 18. All common areas are required to be accessible including providing access to trash bins, recreation facilities and club houses, 19. The restrooms at the Clubhouse Rental Building shall comply with disabled access codes. 20. All ground floor units are required to be accessible from the common areas and adaptable within the interior. That means disables access is required in at least one restroom per ground floor unit and each kitchen. 21. All landscaping shall be completed before the issuance of a certificate of occupancy. 22. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. i Illlll Illlll Illlll III Iiillll III IIIIIII III IIIIIII II IIII 09�08 23 of 38 0R 23. Enhanced paving shall be utilized at the entryway to the multi-family residential component of the proposed project. It shall match the enhanced paving proposed as walkways on interior drive aisles. 24. The landscape palette shall include refinements to the massing of ground cover color groupings to include large scale massing of color. The landscape palette is too ridgid, as proposed. 25. Agaves shall not be located close to sidewalks for safety sake. 26. The shade tree palette shall delete Acacia baileyana and Acacia stenohylla and substitute alternative trees to be approved with final landscape plan. 27. A maximum of forty-five (45) percent of the street frontage in parkway and setback areas shall be designed as retention basins that are below the adjoining curb elevation. Final landscape and grading for parkways shall be subject to the Design Review Board's review and staff approval. 28. Minimum yard setbacks for the project shall be required as follows: Single-family residential Front: 5' Rear: 8' Side: 6' Multi-family residential Front: 30'from major thorough-fare 20'from corner on collector Rear: 20' 29. Distance between buildings shall be a minimum of 6' in the single-family residential component. 30. Height of multi-family complex shall not exceed 23' 2". Height of single-family cluster residential shall not exceed 17' 6". General: 31. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. CC&R's shall prohibit storage within and modification to outdoor balconies. 32. Prior to the issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. The amount of fees paid will be determined based on the established state formula for determining construction costs. GenerallGradinq_ 33. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 1 1 2094-0788872 I I IIIIII IIIIIIIIIIII III Illllll III IIIIIII III IIIIIII II llll 08J2SI240If 36 aR 34. 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. 35. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6" deep. The irrigation system shall be tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. General/Waste Disposal: 40. The applicant shall submit to the Department of Planning and Zoning a letter from the local disposal service indicating twice weekly individual trash pickup will be provided within both the single-family and multi-family components of the project. Parkin a: 41. Three handicapped accessible parking shall be provided, one each adjacent to the three provided recreation areas. Of those three, one shall be van accessible. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces and the path of travel to the entry ways. 42. The "Van Accessible" visitor parking space at the large swimming pool needs to have the loading zone switched to serve the passenger side (right side)of the vehicle. 43. At the driveway approach on East Palm Canyon Drive the pedestrian sidewalk should lead towards the four (4)-foot wide level path at the top of the driveway approach. Engineering has the standards for driveways. 44. Standard parking spaces shall be 17 feet deep by 9 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One handicap space shall be designated as "van accessible" and served by an 8 foot walkway on the right side. 45. Handicapped spaces shall by appropriately marked per Section 93.06.00 ( C) (10). 46. 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. 47. Parking stalls shall be delineated with a 4 by 6 inch double stripe or equivalent design — hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 48. 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. IIIIIII IIIIII IIIIII III IIIIIII III IIIIIII III IIIIIII II IIII @8@8 25 04 @ 38@@R } POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on—site, all appropriate permits must be secured. FIRE 1. Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 2. Provide two 10' travel lanes for a total of 20' unobstructed width. If parking on access road is desired, provide an 8' parking lane with opposing curb marked red with appropriate signage for a total of 28' in width. Provide an additional 8' for parking on both sides of access road for a total of 36' in width. 3. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 14'6". 4. Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the Fire Department at 323-8186 for a KNOX application form. (902.4 CFC) 5. A KNOX box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 6. An approved, automatic Fire Sprinkler System is required, 7. Fire flow is estimated to be 1500 gallons per minute at this time. A more precise flow will be given once the type of construction is known. 8. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations of plans. (1002.1 CFC) Extinguishers shall be mounted in visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 9. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 10. Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 204-0768372 IIIIII IIIIII IIIIII III IIIIIII Ill IIIIIII III II II tl IN of 36 09 280 2 @ 0R 26 n£ 36 11. An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. I IIIIII IIIIII IIIIII III IIIIII III(IIIIII III(IIIIII II IN 09 0$27 Of036 0R ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950— Restricting Street Work on Major and Secondary thoroughfares. 2. Submit street improvement plans for all proposed streets to the Engineering Division. The plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of any building permits. EAST PALM CANYON DRIVE 3. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line - corner cut-back at the northeast corner of Indian Trail/Camino Real and East Palm Canyon Drive, and at the northwest corner of Deep Well Ranch Road and East Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 105. 4. Dedicate an easement for sidewalk purposes along the entire frontage for portions of the sidewalk that encroach onto private property, including concentric with the back of the sidewalk adjacent to the bus turn out. 5. Construct an 8 inch curb and gutter 38 feet north of the centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 6. Construct a 35 feet radius curb return at the northeast corner of Indian Trail/Camino Real and East Palm Canyon Drive, and at the northwest corner of Deep Well Ranch Road and East Palm Canyon Drive, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Construct the east half of an 8 feet wide cross gutter and spandrel at the northeast corner of Indian Trail/Camino Real and East Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. Construct the west half of an 8 feet wide cross gutter and spandrel at the northwest corner of Deep Well Ranch Road and East Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 9. Construct a 60 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the Main Entry shall be located 340 feet east of the centerline of Indian Trail/Camino Real, approximately in line IIIIII IIIIII IIIIII I I IIII II III IIIIIII II IIIIIII II IIII 09 2804-0768372 0d 0 3600E 2 with Camino Real south of East Palm Canyon Drive, as shown on the approved site plan. 10. Construct an 8 feet wide meandering colored concrete sidewalk along the entire frontage. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 11, Construct a Type A curb ramp meeting current California State Accessibility standards at each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 12, Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of East Palm Canyon Drive and Indian Trail/Camino Real in accordance with City of Palm Springs Standard Drawing No. 212. 13. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of East Palm Canyon Drive and Deep Well Ranch Road in accordance with City of Palm Springs Standard Drawing No. 212. 14. Construct a 160-feet long by 12-feet wide bus turn out at the east side of the intersection of Indian Trail/Camino Real and East Palm Canyon Drive. A bus stop shelter and required furniture, lighting, and other improvements acceptable to the Director of Planning and Zoning and Sunline Transit Agency shall be constructed. 15. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. INDIAN TRAIUCAMINO REAL 16. Dedicate additional right-of-way as necessary to realign and extend the southerly driveway to the existing condominium development adjacent to the north property line (Tract No. 4441) to provide a perpendicular intersection with Camino Real. 17. Remove the existing curb and gutter, cross-gutter, sidewalk, and other street improvements at the intersection of the southerly driveway to the existing condominium development adjacent to the north property line (Tract No. 4441) as necessary to provide a perpendicular intersection of this driveway with Camino Real. 18. Construct a 6 inch curb and gutter 20 feet east and southeasterly of the centerline along the entire frontage, and extending northerly, off-site adjacent to the condominium development adjacent to the north property line (Tract No. 4441) and transitioning as necessary to join existing curb and gutter located 32 feet east of centerline, in accordance with City of Palm Springs Standard Drawing No. 200. 19. Construct a 6 inch curb, 16 feet each side of the centerline of the extended southerly driveway to the condominium development adjacent to the north property line (Tract No. IIIIIII IIIIII IIIIII III IIIIIII III IIIIIII III IIIIIII II IIII 09 208 29 04 @ 36 @R 4441), in accordance with City of Palm Springs Standard Drawing No. 200. 20. Construct a 24 feet wide emergency access driveway approach located approximately 355 feet north of the centerline of East Palm Canyon Drive (as measured along the centerline of Camino Real) in accordance with City of Palm Springs Standard Drawing No. 201. The concrete driveway shall extend to the property line, or to the exterior property wall, and shall be gated and locked. A lock box key shall be provided to the Fire Department for emergency access. 21. Construct a 32 feet wide driveway approach located approximately 500 feet north of the centerline of East Palm Canyon Drive (as measured along the centerline of Camino Real) in accordance with City of Palm Springs Standard Drawing No. 205. The driveway shall be located as necessary to provide an extension of the existing southerly driveway to the existing condominium development adjacent to the north property line (Tract No. 4441) perpendicular to Camino Real. 22. Construct a 5 feet wide sidewalk behind the curb along the entire frontage, and extending northerly, off-site adjacent to the condominium development adjacent to the north property line (Tract No. 4441) as necessary to join existing sidewalk in accordance with City of Palm Springs Standard Drawing No. 210. 23. Construct a Type A curb ramp meeting current California State Accessibility standards at each side of the extended southerly driveway approach to the condominium development adjacent to the north property line (Tract No. 4441) in accordance with City of Palm Springs Standard Drawing No. 212. 24. Construct a minimum section of 3 inch asphalt concrete pavement over 6 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 25. Construct a minimum section of 2'/2 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, between curbs (32 feet wide)from the back of the new southerly driveway approach to the condominium development adjacent to the north property line (Tract No. 4441). 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. DEEP WELL RANCH ROAD 26. Dedicate additional 3 feet of right-of-way from East Palm Canyon Drive to Lot "A" (Private Street), and additional right-of-way at the intersection of Deep Well Ranch Road and Lot "A" (Private Street) as necessary to construct a 5 feet wide sidewalk adjacent to existing curb. 27. Remove the existing curb and gutter to construct the intersection of Lot "A" (Private Street) and Deep Well Ranch Road, and construct a 25 feet radius curb return and IIIIIIIIIIII IIIIII IIIIIIIII IIIIIIIIII III IIII IIIII 1111 09 �$ 30 of63600� spandrels on the northwest and southwest corners of the intersection of Lot"A" (Private Street) and Deep Well Ranch Road in accordance with City of Palm Springs Standard Drawing No. 206. The intersection of Lot"A" (Private.Street) and Deep Well Ranch Road shall be approximately in line with the intersection of Suntan Lane, offset by approximately 35 feet, as shown on the Tentative Tract Map 31980, revised January 26, 2004. 28. Construct a 6 feet wide cross-gutter at the intersection of Lot"A" (Private Street) and Deep Well Ranch Road with a flow line parallel with and 26 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 29. Construct a 5 feet wide sidewalk behind the curb along the entire frontage from East Palm Canyon Road to the northerly end of Deep Well Ranch Road in accordance with City of Palm Springs Standard Drawing No. 210, 30. Construct a Type A curb ramp meeting current California State Accessibility standards at each side of the intersection of Deep Well Ranch Road and Lot "A" (Private Street) in accordance with City of Palm Springs Standard Drawing No. 212. 31. Remove a portion of the existing raised, landscaped median island as necessary to provide full access to,Lot"A" (Private Street). Existing landscaping shall be relocated or new landscaping shall be installed, subject to the review and approval of the Director of Planning and Zoning. Irrigation system modifications shall be made as necessary to facilitate relocated landscaping. Construct 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 within that area of Deep Well Ranch Road where the median is removed, 32. All broken or off grade street improvements shall be repaired or replaced. LOT"A" (PRIVATE STREET) 33. Dedicate an easement 38 feet wide extending from back of curb to back of curb to the City of Palm Springs for public utility purposes, and for service and emergency vehicles and personnel, over the private street. 34. Construct a wedge curb, meeting City Engineer approval, with the edge of wedge curb constructed 16.5 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels at the intersection with Deep Well Ranch Road in accordance with City of Palm Springs Standard Drawing No. 206. 35. Lot "A" shall be widened to provide a minium 24 feet wide travel way between edge of wedge curbs, for the segment between Deep Well Ranch Road at the gated entrance to the west side of Lot 1. 36, Lot "A" shall be revised to provide a minimum centerline radius of 130 feet, or, a standard "knuckle" in accordance with City of Palm Springs Standard Drawing No. 104 shall be provided at the intersection in alignment between due west and due north, as shown on the Tentative Tract Map 31980, revised January 26, 2004, or minimum sight distance in accordance with the California Department of Transportation Highway IIIIN IIIIII IIIIII III III�III III IIIIIII III IIII IIIII IN03��$ 31 of0 36@0R , ) Design Manual shall be provided, and a site distance easement shall be reserved across Lot 1 as required to provide required minimum stopping sight distance, as required and approved by the City Engineer. 37. The cul-de-sac at the end of Lot "A" shall be constructed with a minimum curb radius of 43 feet. 38. Construct 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, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 39. Parking shall be restricted along one side of Lot"A" (Private Street), as necessary to maintain a 24 feet wide clear travel way. Regulatory Type R26 "No Parking"signs or red curb shall be installed along one side of the street. A Homeowners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 40. A traffic island or other measure shall be installed at Deep Well Ranch Road to restrict egressing vehicles to a right-turn movement only, and shall prevent a left-turn vehicle movement onto Deep Well Ranch Road. A Type R17'and/or R17B "No Left Turn" sign shall be installed at the exit onto Deep Well Ranch Road. ON-SITE DRIVEWAYS AND PARKING AREAS (MULTI-FAMILY PROJECT) 41. All on-site private driveways, drive aisles, parking areas and other common access areas shall be constructed in accordance with the Multi-Family Site Plan dated January 26, 2004. All drive aisles shall have a 24 feet minimum width. 42. Construct curbs, curb and gutter, and cross-gutters as necessary to accept and convey on-site stormwater runoff to on-site detention basins, in accordance with applicable City Standards. 43. Construct 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, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California.registered Geotechnical Engineer,using "R" values from the project site and submitted to the City Engineer for approval. 44. The 20 feet wide emergency access from the Multi-Family project to Indian Trail/Camino Real shall be constructed as a concrete driveway, or with turf block or other approved permanent and stabile materials, as approved by the Fire Marshal. SANITARY SEWER 45. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. Private sewer systems shall connect to the public sewer main as a lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. IIIIII II III IIIIII III IIIIIII III IIIIIII III IIIII IN 1111 09 28�3 of 36 0R 46. The Multi-Family project shall have a private sewer system that connects to the public sewer main in East Palm Canyon Drive or Deep Well Ranch Road through a maximum of one sewer lateral. This system shall be privately maintained by the owner of the multi-family project property. 47. The 19 lot single family residential subdivision shall have a private sewer system that connects to the public sewer main in Deep Well Ranch Road through a maximum of one sewer lateral. The on-site sewer system 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. 48. Submit sewer improvement plans for the 19 lot single family subdivision prepared by a Registered Civil Engineer to the Engineering Department. The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. GRADING 49. Submit a Rough Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and - shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Building Department prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. The first submittal of the Grading Plan shall include the following information: a copy of signed Conditions of Approval from Planning Department; a copy of the Tentative Tract Map stamped approved and signed by the Planning Department; a copy of a current Title Report; a copy of a Soils Report; and a copy of the associated Hydrology Study/Report. 50, Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets. 51. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is I I I I I 2904-0768372 1101 Ili lllill III lllllll 111111111 110111111111 09/29/3306 0 3600R required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Grading Plan. 52. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for dust control purposes associated with grading activities on the property. 53. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 54. Contact the Building Department to get information regarding the preparation of the PM- 10 (dust control) plan. 55. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From.or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). DRAINAGE 56. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Biltmore, prepared by Thienes Engineering, Inc., dated January 8, 2004 (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 57. Stormwater runoff released to adjacent streets or to historic points of outlet onto adjacent property shall be minimized to the amount that existed prior to development, and shall be released without an increase in concentration. Direct release of stormwater runoff from the development onto adjacent streets or adjacent property shall not be allowed without first being intercepted by an on-site storm drain system that collects nuisance water. Only in a storm event, where stormwater runoff exceeds the capacity of the nuisance water interception system, the releases of stormwater runoff shall not exceed previous undeveloped stormwater runoff amounts to adjacent streets and adjacent property. A restudy of the location of retention basins shall be provided such that retention basins are modified and/or relocated from the locations adjacent to East Palm Canyon Drive. IIIIIII IIIIIIIIIIII III IIIIIII IIIIIIIIIIII IIIIIIIII IIII 09 2803 3600�4 of 58. Construct an on-site drainage system to collect and convey increased stormwater runoff to on-site retention basins. Submit storm drain improvement plans to the City Engineer for review and approval. Dedicate and reserve a private drainage easement across those portions of the development necessary to maintain perpetual and unrestricted use of the storm drain improvements and retention basins required by the final Hydrology Report. All storm drain improvements, drainage easements, and retention basins shall be privately maintained by the owner(for the Multi-Family project) or by a Home Owners Association (HOA)for storm drain systems and/or retention basins within the 19 lot single family residential subdivision. Provisions for maintenance of the storm drain system, drainage easements and/or retention basins located in the 19 lot single family residential subdivision acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. 59. 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. GENERAL 60. 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. 61. All proposed utility lines shall be installed underground. 62. All existing utilities shall be shown on the improvement plans. The existing and proposed service laterals shall be shown from the main line to the property line. 63. 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. 64. Nothing shall be constructed or planted in the corner cut-off area of any driveway or intersection which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 65. 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 66. The Multi-Family project area, comprising Lot "B" and Lots 20 to 35 shall be consolidated into one common Lot, identified as Lot 20. Individual Lots for individual apartment buildings are not allowed. 67. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for'review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures IIIIII IIIIII IIIIII III IIIIIII III IIIIIII III IIIII 4III IN 09 28�3000&03600R r ' for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the first review of the Final Map. The Final Map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 68. Install a street name sign at the intersection of Deep Well Ranch Road and Lot"A" in accordance with City of Palm Springs Standard Drawing No. 620-625. 69. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed to control egressing vehicles from the development in accordance with City of Palm Springs Standard Drawing No. 620-625 at the intersection of Deep Well Ranch Road and Lot "A". 70. The existing traffic signal at East Palm Canyon Drive and Camino Real shall be modified to provide full signalized access into the development at the intersection of East Palm Canyon Drive and the Main Entry. The traffic signal shall be modified to operate as a "permissive-protected" traffic signal for the eastbound/westbound traffic phases on East Palm Canyon Drive. The traffic signal shall be upgraded to current City standards, including installation of a new Model 170E controller assembly, with Iteris vantage video detection system, Clary SP1000R uninterrupted power supply, emergency vehicle pre- emption system, and auxiliary equipment in a Type 332 cabinet. A Type III-AF service with Class 26-000 enclosure shall be provided. Submit traffic signal modification plans and technical specifications (special provisions)_prepared by a registered Civil or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be modified in conjunction with adjacent street improvements, and shall be completed prior to issuance of a certificate of occupancy of any building within the Multi-Family project area. 71, Submit traffic striping and signage plans prepared by a California registered Civil or Traffic Engineer to the Engineering Division for review and approval. A 150 feet long left- turn pocket shall be provided on East Palm Canyon Drive for east bound traffic entering the development at the Main Entry. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 72. 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. 73, This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. 74. Additional and Revised Conditions of Approval are attached. IIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 09 2004-0768172 46032 executed in 4 counterparts Bond No. 213 43 30 Premium: $13/200.00/2 yrs CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and NRC-1, LLC, a California Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 2004, and identified as Tract Map No. 31980, 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 Insurance Company of the West as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of One Million One Hundred Thousand and 00/100 dollars ($1,100,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Auqust moth 2004. PRINCIPAL NRC-1, LLC, a California Limited Liability Company By: GC By: ��Syyi��gnature Signature By: r� �2V/1 05 � k f4 ' By: Name and Titt Name and Title SURETY By: Insurance Company of the West By: (Surety Name) Jane Kepner, Ain-Fact (All Signatures Shall Be Notarized) Page 2 of 2 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of t �' r �) '20� before me, On L ��C,e�l,> 1{ (� (NUIIArOCiiu1 1,� IDA'rEi �� � lN0'IAItY) personally appeared ---'— SIGNER(S) ❑ personally known tome OR - Q,proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/as=e-subscribed to the within instrument and acknowledged to me that he/she/thnaycxecuted the same in his/-her/-th-e-i-r authorized capacity(i-eg-), and that by his/-h-e7r-fthetr signature(&-) on the instrument the person(s), or the entity upon behalf of which the ( person(s) acted, executed the instrument. P.I 90MA WITNESS my hand and official seal. /�', �1 Com II t)1171859 qq�� �: AdtR IjOTPRI PIICLIC CALIt06HI1 p9P U Mn9e County j' Gomm e� Rus Aug 14,2005 1 NOTARY'S SIGNATORF OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE- OFFICER TITLE OR TYPE OF DOCUMENT ITrLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-PACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT ❑ ( OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF n E SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On August 20 2004 before me, Ashley K. Ward,Notary Public DATE NAME,TITLE OF OFFICER-E G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner NAME(S)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 q-�.w�► m signature(s) on the instrument the person(s), or the entity upon 9 ASFILEYK.WAR behalf of which the person(s) acted, executed the instrument. Iff Commission#14813685 i;wrr:Army Notary Public-California ' Orange County Comm.Ex Tres WITNESS m hand and official seal. p Apr Y �p ,..-SIGNATURE OF NOTARY OPTIONAL pV l Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 8-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.,P.0 Box 7184•Canoga Park,CA 91309-7184 executed in 4 counterparts Bond No. 213 43 30 CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and NRC-1, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 2004, and identified as Tract Map No. 31980, 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 Five Hundred Fifty Thousand and 00/100 dollars ($550,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Labor and Materials Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on August 20th 2004. PRINCIPAL NRC-1, LLC, a alifornia Limited Liability Company By: Awlggo'4 By: Signature Signature By: By:. Name and Tie Name and Title SURETY By: Insurance Company of the West By: (Surety Name) Jane Kepner, Attorney-in-Fact (All Signatures Shall Be Notarized) ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of ,��1SC _ - - I. On before me, _;�( v (OAIE)" V)-- -� (NOTARY) personally appeared V:CC- f, ---- SIGN'ER(S) ❑ personally known tome OR - [ i proved to me on the basis of satisfactory evidence to be the person(&) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that he/she%Hiey-executed the same in his¢h-e-1-/th-e-rr authorized capacity(ie-,,0 and that by his-�IiWtheir signature(&) on the instrument the person(-s), or the entity upon behalf of which the persons-) acted, executed the instrument. id. ROMMI WITNESS my hand and official seal. 1317859 pp� !+(�" ) IPA ti47g4Y 1U'RIC'CALIFORNIA 9 7 9 ry C48110 bounty \ab� H. lom( elpua'Aug.14,2006� ✓ ! .� ��rl,pia N(YI'ARV'S SIGNATLRL OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF E SIGNER n APA 5/99 VALLEY-SIERRA. 800-362-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907 State of California County of Orange On August 202004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner NAME(S)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), or the entity upon w A Jy ASL 7K.HLEY K.WARD behalf of which the person(s) acted, executed the instrument. Q Commission# 14(f3685 Notary Public-California Orange County My Comm.Expires Apr 16,200fir WITNESS my hand and official seal. i$IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P O.Box 7184•Canoga Park,CA 91309-7184 • No. 0000973 ICW GROUP Power of Attorney Insurance Company of(lie West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS That Insurance Company of the West,a Corporation duly organized tinder the laws of the Seale of California,The Explorer Insurance Company,a Corporation duly organized trader the laws or[lie Stale of Arizona,and Independence Casualty and Surely Company,a Corporation duly organized under the laws ofthe State of Texas,(collectively referred to as the"Companies"),do hereby appoint JANE KEPNER,NANETTE MYERS,JAMES A.SCHALLER,JERI APODACA,MIKE PARJZINO, LINDA ENRIGHT,RHONDA C.ABEL,PATRICIA H.BREBNER their one and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and sanity bonds,undertakings, and other similar contacts of suretyship,and any totaled docmments In witness wheieof,the Companies have caused these presents to be executed by its duly authorized officers this 16th clay ofJamnary,2001. panPnf+Y�� UtISi A\ yJLvty,N,o uG - -\'I U INSURANCE COMPANY OF TAVE B1'EST o4w oopOR�r yc ^y� THE EXPLORER INSURANCE COMPANY yys>cosraaerEa //�//u F ,,, 4 d SEAL�o u r w INDEPENDENCE CASUALTY[I,NI)SURETY �rll10111,191M1 �e YS, O P S COMPANY rtoNA�4da$ �d ' n 47 John H.Craig,Assistant Secretary John L.Harmum,Executive Vice President State of California I County of Sall Diego J Ss On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and.John H Craig,personally knovnn to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in then authorized capacities,and that by their signatures on the instrument,the entityupon behalf of which the persons acted,executed the instillment. Witness my hand and official seal. CCJBP "„.t,�ti s CQh,5111.,YY 329`041 t} Y l GR•'�_ (-<'• �.rANGIE141c ODUN:7nln cn .,aN L�IEccrrtaUrvry rs � � :`��ti !t' htY OCrnrenas:Un L-xPir�=a� '` A- " SF.PTEM1fE1ER 2p.^eGrUS Notary Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is gianted and is signed,sealed and notarized with facsimile signahues and seals tinder authority of the following iesolntons adopted by the respective Boards ofDiectors of each of the Companies: 'RESOLVED That the President, an Executive or Senior Vice President of the Company,together with the Secretary of tiny Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surely bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTI]ER: That the signatures of the officers malting the appointment,and the signature of any officer certifyhng the validity and current status of the appointment,may be facsimile representations of those signatures;and the sigmatme and seat of an.y notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall he ve the serge force and effect as if manually affixed. The facsimile representations ieferred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1,the undersigned,Assistant Secretary of hnsutance Company of the West,Tlne Explorer hnstuan°e Company,and Independence Casualty apd Sorely Company,do hereby certify that the foregoing Power of Attorney is in fill force and effect,and has not been revoked,and that the above resolutions ware duly adopted by the respective Boards of Directors of the Companies,and are now in All force 1N WITNESS WHEREOF,I have set my hand this 201-h day of August ``200,4 John H.Craig,Assistant Secretary - To verify the authenticity of this Power of Attorney you may,call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power ofAtlomey Number, the above named individuals)and details of Ilse bond to which the power is attached. For information on film.-claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 9 2 1 3 0-20 45 or call(858)350-2400 ICW GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real San Diego,Ca 92130-2045 BOND# 2134330 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act') establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. executed in 4 counterparts Bond No. 213 43 30M Premium included in Performance Bond CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and NRC-1, LLC, a California Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 2004, and identified as Tract Map No. 31980, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and Insurance company of, the west , as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of One Hundred Seventy Thousand Five Hundred and 00/100 dollars ($170,000.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions Maintenance &Warranty Bond Page 2 in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Auqust 20th 2004. PRINCIPAL NRC-1, LLC a C lifornia 'mited Liability Company B : B Y Y: Signature Signature By: C60AX Craccdv �?/lee"� By: Name d Title Name and Title SURETY By: Insurance Company of the West By: (Surety Name) Jane Kepner, Attorney-in-Fact= (All Signatures Shall Be Notarized) ALL-PURPOSE ACKNOWLEDGEMENT Fr_ f California it SS. of ���A��it l(��`�nl ��0:2(_ )L before me, �� iF� l ,q � , . Cl`�1rSvtf4 , U (DATE) ' (NOTARY)— `---'_ ally appeared \( �y ----- SIGNER(S) sonally known to me OR - Q' proved to me on the basis of satisfactory ) evidence to be the person(s} whose names) h4are-subscribed to the within instrument and acknowledged to me that he%he/fihey executed the same in his/her/their authorized capacity(i-as-), and that by his/,he7r*-ITeir signature(s) on the instrument the person(-s-), or the entity upon behalf of which the persons) acted, executed the instrument. KISM' �1. 9NAN WITNESS my hand and official seal. �`"( ,,DsrrA).tu�17859 pq�� 'p � a IvJ7A}I P OLK' CALIFORNIA Od / Loop County 7 Civ omm Eupuue AuC 94, l�"ql/ �I'l/1��. NO rARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT I'ITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ( ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: ( OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF n E SIGNER 19 ocooa>oo APA 5/99 VALLEY-SIERRA, 500-362-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On August 20 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G., PJANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner NAME(S)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), or the entity upon ASHLEY K.WARD behalf of which the person(s) acted, executed the instrument. Commisslon#1463685 Z .- Notary Public-California Orange county WITNESS my hand and official seal. i ` _ _ oMyComm.EExplresAprr16,2008P aSIGNATURE OF NOTARY OPTIONAL ����JJJJ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(ES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 91309-7184 No. 0000973 _ IC W"GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casually and Surely Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the Slate of Arizona,and Independence Casually and Smeto Company,a Corporation duly organized under the laws of the State of Texas,(collectively reforred to as the"Companies"),do hereby appoint JANE KEPNER,NANETTE MYERS,JAMES A.SCHALLER,JERI APODACA,MIKE PARIZINO„ LINDA ENRIGHT,RHONDA C.ADEL,PATRICIA H.BREBNER then true and lawfrd Allorney(s)-fin-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and suiviy bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of buivary,2001 MOMPANYQ \NSU/lr V/TY�G INSURANCE COMPANY OF T1kE`o-',4'EST N'�\�Nonvonnrpa�"• rt'�u°tea F m u W d' GPct CE,CASUALTY Nll SURETY THE EXPLORER INSURANCE COMPANY INDEPENDENCE a., �'� �T COMPANY John H Craig,Assistant Secretary ,Iola L Harnmm,Executive Vice Iesident State of }California sS. Country ol'Snn Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L Darman and John H.Craig,personally kneWnn to the to be the persons whose naives are subscribed to thewithhn insnnment,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument Witness my hand and official seal. taCCt'Oa0} tu1Bfaf1GA IO41vi1'h _ N ?' SAN DEGG CQUWTY My Coinursa;an Enplrea r..% SEFir ENIBE:B 20..Lip$,� Mary Cobb,Notary Public RESOLUTIONS This Power-of Attomey is granted and is signned,sealed and notarized with facsimile signatures annd seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies "RESOLVED: That the President, an Executive a Senior Vice President of the Company,together with the Secretary or any Assistant Secretory,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Atto rcy(s)-tin-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and sm'ety bands,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That[Ire signatures of the officers making the appointment,soothe signature of any officer certifying the validity and current status of the appointment,may be facsnmrle represenmtrous of those signatures;and the signature and seal of ana,i?uCny,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile iepiesentations referred to herein may be affixed by stannping, pn,nling,, typing, or photocopying" CERTIFICATE I,the undersigned,Assistant Secretary of lnnsuiance Company ofthe West,The Explorer Insurance Company,and Independence Casually oral Surety Company,do hereby certify[hat the foregoing Power of Attorney is in hull force and effect,and has root been revoked,slid that the above nesoluttom were duty adopted by the respective Boards ofDnrectors of the Companies,and are now in hill force. ` IN WITNESS WHEREOF,I have set my hand this__ 20th day of Auqu5 2004 John H.Ciaig Assistant Secretary To verify the authenticity ofthis Power ofAttorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power efAttorney Nunvber, the above named individuals)and details of the head to which the power is attached. For information of filing claims,please contact Suucty Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400 ICW GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real San Diego,Ca 92130-2045 BOND# 213 43 30M TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act') establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. w. executed in 4 counterparts Bond No. 213 43 31 CITY OF PALM SPRINGS Premium: $100.00/2 yrs 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 NRC-1, 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 , 2004, and identified as Tract Map No. 31980, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and Insurance Company of the west, as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Six Thousand Seven Hundred Sixty-Eight and 00/100 dollars($6.768.00), 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 forthe completion of said setting of monuments,that said suretywill pay the same in an amount not exceeding the amount hereinabove set forth, forthe payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his 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 respectto the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of before me, _� 1 (DATE) m 4 TNOTTRY) personally appeared -- —_----------------______,. SIGNER(S) ❑ personally known to me OR - [(proved to me on the basis of satisfactory ( evidence to be the person(-a) whose nameO isItare subscribed to the within instrument and acknowledged to me that he/she/tlic_�Lexecuted the same in his/-h-cr-/-th�i-r- authorized capacity(t s), and that by his-/h-e-r/thei-r_ signature(sj on the instrument the person(-s), or the entity upon behalf of which the person(o acted, executed the instrument. ROMAN L WITNESS my hand and official seal. �s,rV 1317E59 pq ilOPk174 PIIUlIF CALIFORNIA Orange County fl yr fdl ol,u, Elpv�es Aug.19,2005' m� NOTARY'S SIGNATURE OPTIONAL INF13RMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TIrLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) GP n E SIGNER n O APA 5/99 VALLEY-SIERRA, 800-362-3369 Monumentation Bond Page 2 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Auqust 20th 2004. PRINCIPAL NRC-1, LLC,,2 California Limited Liability Company By: /JZ/Z/ 0"X7� � By Sig/nature Signature By. (�& ig /�(ilt( By: Name and Titl Name and Title SURETY By: Insurance Company of the West By: <Zi2L (Surety Name) Jane Kepn,f�� �, Attorney-in-Fact (All Signatures Shall Be Notarized) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 r- State of California County of Orange On August 20 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jane Kepner NAME(S)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 ASHLEy K.WARD signature(s) on the instrument the person(s), or the entity upon a a y Commission#1483665+ behalf of which the person(s) acted, executed the instrument. z 61MyCommLExpi Notary Public-Catitornia Orange County res sApr16,2008P WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) e LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF V98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave,P.O.Box 7184•Canoga Park,CA 91309-7184 - _ No. 0000973 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Suety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JANE KEPNER,NANETTE MYERS,JAM,S A.SCHALLER,JERI APODACA,MIKE PARIZINO, LINDA ENRIGHT,RHONDA C.ABEL,PATRICIA H.BREBNER their hire and lawful Atiomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and siuety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this I6th day of.lannary,2001 cc,nraxro A zyvWti ,LyoJ, INSURANCE COMPANY OF THE'k4rEST .T` F'm �rgyo m THE EXPLORER INSURANCE COMPANY y \\ccnrmrnrpo SEAL ' > INDEPENDENCE CASUALTY ANl}SURETY "area i,r9u' COMPANY Aiu.or�ari. John H Craig,Assistant Secretary John L.Ilanmim,Executive Vice Resident State of California }County of San Diego Ss. On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Haruum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized eaiaaerties,and that by their signatures oil the man Lucent,the entity upon behalf of which the persons acted,executed the iustunient. Witness my hand and official seat. M;9Y C1321 F .1a•. COitif M.;t132Y34t 0 AN 01I f6lIGGOUNTsk'IA riyc OlEG6op r)ple r 1 bry Cannnss:on Expires J SEPTElIFE^n20.2065 I . . . .r _ . Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing lho person(s)named as Attomey(s)-hn-Fact to date,eyecum,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,rudermilungs,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status ofthe appointment,may be facsimile representations of those signatures;mud the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsirmle representations shah have the same force and effect as if menially affixed The facsimile representations referred to herein may be affixed by stamping,printing, typing, or photocopying." CERTIFICATE 1,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby comfy that the foregoing Power of Attorney is in fall force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Beards of Directors of the Companies,and are now in fidl force. _ IN WITNESS WHEREOF,I have set my hand this 20th day of August. , 2004 = John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-977-111 I and ask for the Surety Division. Please refer to the Power of At army Number, the above earned individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Suety Claims,ICW Group, 11455 El Canino Real,San Diego,CA 92130-2045 or call(858)350-2.400. ICW GROUP INSURANCE COMPANY OF THE WEST THE EXPLIDRER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Canino Real 213 43 31 San Diego,Ca 92130-2045 BOND# TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act fiuther provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted), Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium.