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HomeMy WebLinkAbout04914 - PALM SPRINGS GARDENS LP SUBDIVISION IMPROVEMENT TRACT NO 31328 1050 EAST BARISTO ROAD F PPALnt i qq l q City of Palm Springs iy .wr.w �I c Department of Public Works and Engineering ta` + 3200 E. Tahquirz Canyon Way • Palm Springs, California 92262 oxer � cy P Tel:(760) 323-8253 • Fax: (760) 322-8360 • Web: www,palmspringsca.gov FO R iv June 26, 2012 > ti Rohm Insurance Agency 26 Plaza Square Suite 200 m ^� Orange, CA 92866 ' a Attn: Mr. Dan Picard CO Re: Tract Map 31328 (Villorio Project) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Palm Springs Gardens, L.P., a California Limited Partnership, related to Tract Map 31328, have been fully satisfied. The remaining work was completed and the project was accepted in its entirety by the City Engineering Department on June 21, 2011. The Maintenance/Warranty Bond ($136,650.00) has been in full force and effect for one year and can be released at this time. • Maintenance/Warranty Bond; Bond No. SU 5008851 $ 0.00 The Faithful Performance Bond and Labor/Materials Bond were released as of July 12, 2011. The Monumentation Bond was previously approved for release on July 26, 2007. • Faithful Performance Bond; Bond No. SU 5008851 $ 0.00 • Labor and Materials Bond; Bond No. SU 5008851 $ 0.00 • Monumentation Bond; Bond No. SU 5008852 $ 0.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely,L � ( �"� JXOA� Carol Templeton Engineering Associate Ca Dan Picard via email,John Shemit we email,Susan Neff via email,;Kane Thuyen via email,James Thompson,City Clerk, TM31328 file Post Office Box 2743 • Palm Springs, California 92263-2743 'P�ut4 O�QpLII�sA4 A. City of Palm Springs V N Department of Public Works and Engineering ~CO•Oi>T•���• + 3200 E.Tahquicz Canyon Way • Palm Springs,California 92262 C �Q q Tel:(760)323-8253 • Fax:(760)322-8360 • Web:www.palmspringsca.gov �IFORN c� July 12, 2011 Rohm Insurance Agency T w 26 Plaza Square Suite 200 R+z Orange, CA92866 ,at 7K cr, EA Attn: Mr. Dan Picard Re: Tract Map 31328(Villorio Project) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Palm Springs Gardens, L.P., a California Limited Partnership, related to Tract Map 31328, have been partially satisfied. The remaining work has been completed so that the last $34,800 in the Faithful Performance Bond and the last$17,400 in the Labor/Materials Bond can now be reduced to the following amounts: • Faithful Performance Bond; Bond No. SU 5008851 $ 0.00 • Labor and Materials Bond; Bond No. SU 5008851 $ 0.00 The remaining work was completed and the project was accepted in its entirety by the City Engineering Department on June 21, 2011. The Maintenance/Warranty Bond required by the Subdivision Improvement Agreement shall remain in full force and effect for one year, until June 21, 2012. The Monumentation Bond was previously approved for release on July 26, 2007. • Maintenance/Warranty Bond; Bond No. SU 5008851 $136,650.00 • Monumentation Bond; Bond No. SU 5008852 $ 0.00 If you have any questions, I can be reached at(760)323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Co; Dan Pkwd via wW,John SA"Na ema,Susan WWa erne/,•Kane Ttxw We ema,,•James Thompson,ow Clerk,•TM31328 fire Post Office Box 2743 • Palm Springs, California 92263-2743 RECEIVEDx tECORDING REQUESTED BY Zp1 I jAN - 3 PM 3' 50 WHEN RECORDED MAIL TO CITY j TY` CLERK i ieacon Default Management,Inc. 5260 Ventura Blvd.,Suite 1150 iherman Oaks,California 91403 (OU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 2/6/2007. UNLESS YOU TAKE ACTION TO 'ROTECT YOUR PROPERTY,IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF CHI;NATURE OF THE PROCEEDING AGAINST YOU,YOU SHOULD CONTACT A LAWYER NOTICE OF TRUSTEE'S SALE Trustee's Sale No.2010-100067 )n 1/18/2011 at 10:00 AM, At the Main Street entrance to the County Courthouse, 4050 Main Street, Riverside, ,alifornia 92501, BEACON DEFAULT MANAGEMENT, INC., a California corporation, as duly appointed Trustee Ender that certain Deed of Trust executed by PALM SPRINGS GARDENS, L.P., a California Limited Partnership, as 'rustor(s), recorded on 2l9/2007, as Instrument No. 2007-0096789, of Official Records in the Office of the Recorder of Liverside County, State of California,under the power of sale therein contained, WILL SELL AT PUBLIC AUCTION TO 'I� HIGHEST BIDDER, for cash, or cashier's check (payable at the time of sale in lawful money of the United States) t vithout warranty express or implied as to title, use,possession or encumbrances, all right,title and interest conveyed to and iow held by it as such Trustee,in and to the following described property situated in the aforesaid County and State,to-wit: 4 LEGAL DESCIRPTION:PLEASE SEE E7HiMIT"A"ATTACHED HERETO TAX PARCEL NO. 508-104-030-9, 508-104-044-2, 508-104-053-0, 508-104-054-1, 508-104- 057-4,508-104-059-6,508-104-060-6,508-104-061-7,508-104-063-9,508-104-067-3, 508-104- 068-4,508-104-069-5,508-104-071-6 j �rorn information which the Trustee deems reliable,but for which Trustee makes no representation or warranty, the street ddress or other comment designation of the above described property is purported to be 1044,226,205,209, 1037,1036, .032,1018,1016,1014,1010 VILLORRIO,PALM SPRINGS,CA 92262 and 1033& 1038 N.VILLORRIO,PALM WRINGS,CA-92262...... .. . ............... )irections to the property may be obtained pursuant to a written request submitted within ten (10) days from the first publication of this notice to the beneficiary,in care of the Trustee at the address listed below. ;aid property is being sold for the purpose of paying the obligations secured by said Deed of Trust, including fees and :xpenses of sale. The total amount of the unpaid principal balance, interest thereon, together with reasonably estimated ,osts,expenses and advances at the time of the initial publication of the Notice of Trustee's Sale is$4,779,921.70. f he present Beneficiary under the Deed of Trust has elected to conduct a unified foreclosure sale pursuant to the provisions &California Commercial Code Section 9604(a)(1)(B) and to include in the non judicial foreclosure of the estate described a this Notice of Trustee's Sale all of the personal property and fixtures described in Exhibit "B" attached hereto. The iresent Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to :dd additional personal property and/or fixtures to the election herein expressed, at the present Beneficiary's sole election, xom time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust ,nd Notice of Trustee's Sale. ca rroxs the name, street addresso and telephone number of the Trustee are: Beacon Default Management, Inc., 15260 Ventura 3oulevard, Suite 1150, Sherman Oaks,California 91403,Telephone Number: (818)501-9800. Che sale contemplated by this Notice of Trustee's Sale will be conducted by an agent of the Trustee. The name, street Lddress and telephone number of the Trustee's agent are: LPS Agency Sales and Posting, PO Box 16697, Irvine, CA ►2623,Telephone Number: (714)730-2727. 'or further information regarding sale contemplated by this Notice of Trustee's Sale, log on to www.lpsasap.com or call 714)730-2727. )ated: 12/20/2010 BEACON DEFAULT MANAGEMENT,INC., a California corporation,Trustee BY. Nisa Patel,Trustee Sale Officer i i l a I i i 1 l i CA NOTS EXHIBIT"A" LEGAL DESCRIPTION rHE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: 'ARCEL A: 'ARCEL Al; �N UNDIVIDED ELEVEN/TWENTIETHS(11/20)INTEREST AS A TENANT IN COMMON AREA OF MODULE IV OF LOT I )F TRACT NO. 31328,IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS SHOWN 3Y MAP ON FILE IN BOOK 359,PAGES I AND 2 OF MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,AS )EFINED IN THE CONDOMINIUM PLAN FOR THE PROJECT RECORDED NOVEMBER 10,2004 AS INSTRUMENT NO. D04-0898253,OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA("CONDOMINIUM PLAN"). ;XCEPTING AND RESERVING THEREFROM,NONEXCLUSIVE EASEMENTS FOR ENJOYMENT,INGRESS,EGRESS, -NCROACHMENT,PEDESTRIAN WALKWAY,GENERAL RECREATION PURPOSES,MAINTENANCE, REPAIR, )RAINAGE, SUPPORT,AND FOR OTHER PURPOSES,ALL AS DESCRIBED IN THE DECLARATION RECORDED )CTOBER 6,2004 AS INSTRUMENT NO.2004.0795175 OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. ALSO RESERVING THEREFROM,NONEXCLUSIVE EASEMENTS OVER THE COMMON AREAS AND UNITS TO THE ASSOCIATION TO DISCHARGE ITS OBLIGATIONS AS DESCRIBED IN THE DECLARATION REFERRED TO ABOVE. i 'ARCEL AZ: JNIT NOS.26,27,54,56,57,58,60,64,65,66 AND 68,CONSISTING OF CERTAIN AIR SPACE AND ELEMENTS AS )ESCRIBED IN THE CONDOMINIUM PLAN MENTIONED ABOVE. 'ARCEL B: 'ARCEL Bx: LN UNDIVIDED ONE/TWELFTH(1/12)INTEREST AS A TENANT IN COMMON AREA OF MODULE III OF LOT I OF 'RACT NO.31328,IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,AS SHOWN BY 4AP ON FILE IN BOOK 359,PAGES I AND 2 OF MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,AS DEFINED 1 N THE CONDOMINIUM PLAN FOR THE PROJECT RECORDED NOVEMBER 10,2004 AS INSTRUMENT NO.2004— i 898251,OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA("CONDOMINIUM PLAN"). 'sXCEPTING AND RESERVING THEREFROM,NONEXCLUSIVE EASEMENTS FOR ENJOYMENT,INGRESS,EGRESS, NCROACHMENT,PEDESTRIAN WALKWAY,GENERAL-RECREATION PURPOSES,MAINTENANCE,REPAIR, )RAINAGE, SUPPORT,AND FOR OTHER PURPOSES,ALL AS DESCRIBED IN THE DECLARATION RECORDED )CTOBER 6,2004 AS INSTRUMENT NO.2004-0795175 OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. ,LSO RESERVING THEREFROM,NONEXCLUSIVE EASEMENTS OVER THE COMMON AREAS AND UNITS TO THE ASSOCIATION TO DISCHARGE ITS OBLIGATIONS AS DESCRIBED IN THE DECLARATION REFERRED TO ABOVE. 'ARC.EL B2: TNIT NO.47,CONSISTING OF CERTAIN AIR SPACE AND ELEMENTS AS DESCRIBED IN THE CONDOMINIUM PLAN IENTIONED ABOVE. i CA NOTE PARCEL C: PARCEL Cl: AN UNDIVIDED ONE/NINETEENTH(1/19)INTEREST AS A TENANT IN COMMON AREA OF MODULE II OF LOT 1 OF TRACT NO.31328,IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,AS SHOWN BY MAP ON FILE IN BOOK 359,PAGES I AND 2 OF MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,AS DEFINED [N THE CONDOMINIUM PLAN FOR THE PROJECT RECORDED NOVEMBER 10,2004 AS INSTRUMENT NO.2004- D898249,OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA("CONDOMINIUM PLAN"). EXCEPTING AND RESERVING THEREFROM,NONEXCLUSIVE EASEMENTS FOR ENJOYMENT,INGRESS,EGRESS, ENCROACHMENT,PEDESTRIAN WALKWAY,GENERAL RECREATION PURPOSES,MAINTENANCE,REPAIR, DRAINAGE, SUPPORT,AND FOR OTHER PURPOSES,ALL AS DESCRIBED IN THE DECLARATION RECORDED DCTOBER 6,2004 AS INSTRUMENT NO.2004-0795175 OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. .LSO RESERVING THEREFROM,NONEXCLUSIVE EASEMENTS OVER THE COMMON AREAS AND UNITS TO THE 4SSOCIATION TO DISCHARGE ITS OBLIGATIONS AS DESCRIBED IN THE DECLARATION REFERRED TO ABOVE. j ?ARCEL C2: JNIT NO.39,CONSISTING OF CERTAIN AIR SPACE AND ELEMENTS AS DESCRIBED IN THE CONDOMINIUM PLAN AENTIONED ABOVE. i "OMMONLY KNOWN AS: .044 VILLORRIO,PALM SPRINGS CALIFORNIA. :26 VILLORRIO,PALM SPRINGS CALIFORNIA. 0 VILLORRIO,PALM SPRINGS CALIFORNIA. ;09 VILLORRIO,PALM SPRINGS CALIFORNIA, 033 N.VILLORRIO,PALM SPRINGS CALIFORNIA. 037 VILLORRIO,PALM SPRINGS CALIFORNIA. 038 N.VILLORRIO,PALM SPRINGS CALIFORNIA. 036 VILLORRIO,PALM SPRINGS CALIFORNIA. 032 VILLORRIO,PALM SPRINGS CALIFORNIA. 018 VILLORRIO,PALM SPRINGS CALIFORNIA. I 016 VILLORRIO,PALM SPRINGS CALIFORNIA 014 VILLORRIO,PALM SPRINGS CALIFORNIA. 010 VILLORRIO,PALM SPRINGS CALIFORNIA. r I f t.. 1 I I CA NDTS EXHIBIT"B" PERSONAL PROPERTY DESCRIPTION k1l equipment, fixtures, and all other articles of personal property owned by Trustor, and attached or affixed to the Real 'roperty; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such roperty; and together with all proceeds(including without limitation all insurance proceeds and refunds of premiums) rom any sale or other disposition thereof. i i i 1 I I i.. I 1 i E ror y'.� CA NOTS DE1fTyNA110NALTITLEC ANY Certi,111fd, to be a true and correct ecce Jed RECORDING REQUESTED BY R -� il111 0`1 ,' -4 G 'i d.n: [f As Instrument No. t�J WHEN RECORDED MAIL TO of Official Records of 1 ye r1E<flr Beacon Default Management,Inc. i County, California 15260 Ventura Blvd.,Suite 1150 By — Sherman Oaks, California 91403 FIDELITY NATIONAL TITLE CO. Trustee's Sale No.:2010-100067 Loan Number: 173392483 CONFORMED COPY NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account which is normally five (5) business days prior to the date set for the sale of your property. No sale data. may be set until three (3) months from the date this notice of default may be recorded (which data of recordation appears on this notice). This amount is $4,649,526.38 as of 911512010, and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. if you fail to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the Notice of Sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things (1) provide additional time in which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period,you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure or if your property is in foreclosure for any other reason, contact: MULTIBANK 2009-1 RES-ADC VENTURE, LLC, a Delaware limited liability company, Beneficiary c/o Beacon Default Management, Inc., a California corporation 15260 Ventura Blvd., Suite 1150 Sherman Oaks, California 91403 Phone: 818-501-9800 If you have any questions, you should contact a lawyer or the governmental agency which may have Insured your loan. Notwithstanding the fact that your property is in foreclosure,you may offer your property for sale, provided the sale its concluded prior to the conclusion of the foreclosure. REMEMBER, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. NOTICE IS HEREBY GIVEN that BEACON DEFAULT MANAGEMENT, INC., a California corporation, is either the duly appointed Trustee, the substitute Trustee or acting as agent for the Beneficiary under that certain DEED OF TRUST dated 2/6/2007, executed by PALM SPRINGS GARDENS, L.P., a California Limited Partnership as Trustor, to secure obligations in favor of 1ST CENTENNIAL BANK, as Beneficiary, recorded 2/9/2007, as Instrument No. 2007-0096789, of Official Records in the office of the Recorder of Riverside County, State of California, as more fully described on said deed of trust including one note(s) for the sum of $4,478,000.00. That a breach of, and default in, the obligations for which such Deed of Trust is security has occurred as follows: FAILURE TO PAY THE PRINCIPAL BALANCE WHICH BECAME DUE AT MATURITY ON 21612009, TOGETHER WITH ADVANCES, ACCRUED AND ACCRUING INTEREST, DEFAULT INTEREST, LATE CHARGES, CHARGES, ATTORNEY FEES, FORECLOSURE FEES AND OTHER FEES AND COSTS AS SET FORTH IN THE LOAN DOCUMENTS. That by reason thereof, the present Beneficiary under such Deed of Trust, has executed and delivered to said Trustee, a written Declaration and Demand for Sale, and has deposited with said Trustee, such Deed of Trust and all the documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. The present Beneficiary under the Deed of Trust has elected to conduct a unified foreclosure sale pursuant to the provisions of California Commercial Code Section 9604(a)(1)(B) and to include in the non judicial foreclosure of the estate described in this Notice of Default and Election to Sell Under Deed of Trust all of the personal property and fixtures described in the Deed of Trust and in any other instruments in favor of said beneficiary. The present Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at the present Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Default and Election to Sell Under Deed of Trust. Dated: BEACON DEFAULT MANAGEMENT, INC., a California corporation, as Trustee for MULTIBANK 2009-1 RES-ADC VENTURE, LLC, a Delaware limited liability company, Beneficiary By elina Parelskin, President P.S. Gardens, LP Subdivision Improvement AGREEMENT#4914 R20986, 7-7-04 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS GARDENS, L.P., A CALIFORNIA LIMITED PARTNERSHIP 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4.1 Required Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 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 i 5.2 Payment to City for Cost of Related Inspection and Engineering Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6. Acceptance of Offers of Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7. Warranty of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 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 ii SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered � into this 6� day of s_tt 2004, by and between the CITY OF PALM SPRINGS, a municipal co orationlof the State of California ("CITY"), and Palm Springs Gardens, L.P., a California limited partnership ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 31328 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 Lot A for street and public utility purposes; and a 10 feet wide easement for pedestrian and bikepath purposes as shown on Tract Map 31328, 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 Obliqations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"), The estimated construction cost for the Works of Improvement is $911,000.00. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "A" attached hereto. i 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. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 2 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 whetheror 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 orthe 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 shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed 3 subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance: 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 years after the Commencement Date. Extensions of time for completion of the Works of Improvement may be granted upon approval by the City Engineer or his designee. Extension of time may be granted upon mutual agreement of the City Engineer and Subdivider, either verbally or in writing, as required by the City Engineer or his designee. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules 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 Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 4 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreaqe. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor, 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state 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 subcontractorto submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (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) 5 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 $911,000.00 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 $455,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 5,000.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warrantv. 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$136,650.00 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 orotherwise approved bythe City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. 6 (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline forSubdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10)days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (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 forthe benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 7 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 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 Engineerinq Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final 8 acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary 9 damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 10. General Provisions. 10.1 Successors and Assiqns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so 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) 10 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. ATTEST- CITY OF PALM SPRINGS, CALIFORNIA Patricia A. Sanders, City Clerk David H. Ready, City M&n ger RECOMMENDED BY: frovl� City Engineer SUBDIVIDER: Palm Springs Gardens, L.P., a California limited partnership By: Brentwood Retirement Communities, Inc., a California corporation, its General Partner (Check One: `individual, J partnership, X corporation) Signature! E° By: Maurice J. Monniq, Senior Vice President Name and Title Mailing Address: 185 S. Indian Canyon Drive Palm Springs, CA 92262-6606 11 ALL-PURPOSE ACKNOWLEDGMENT State of . ""!(J',.( °(r ,tt�l..�C/0,.�, CAPACITY CLAIMED BY SIGNER A/ tr County of D0 INDIVIDUAL(S) � , i / R CORPORATE SENIOR On (�) / i'1 before me, 'E��� /� %.`)GSA Cf `� OFFICER(S)VICE PRESIDENT Date Name, Title of Officer TITLE(S) personally appeared MAURICE J. MONNIG ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ,�� ❑ TRUSTEE(S) ,5orsonally 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/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed strument. ♦ / GNER IS REPRESENTING: CONSTANCE GORSUCH it[ si my har>�nd official e l y CommWon#1357687 ( 41MyComm.Exp4(esJun20.2W6 Notary PubW -Cdlforaj � � L �/ �_ mver�de County Signature of Notary + " —7 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 a 0 EXHIBIT "A" ;ACT MAP 31328 CONDITIONS OF APPROVAL EXHIBIT A Tentative Tract Map 31328 ; 1060 East Baristo Road September 17, 2003 CONDITIONS OF APPROVAL 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. PROJECT SPECIFIC CONDITIONS Administrative 1 a. 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, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TTM 31328. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense,the applicant shall not,thereafter,be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but. should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks,bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, -including sidewalk or bikeway easement areas that extend onto private property, in a first class condition,free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 3. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 4. 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. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Design Review Committee prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000,for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources 8. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 9. Given that portions of the project area are within an alluvial formation,the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and,if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Band of Cahuilla Indians. 10. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. Final Design 11. The sliders and balconies on Unit D shall be aligned. 12. The pop outs shown on the elevations shall be reduced to window shelves/bay windows only and not habitable space. 13. The garage doors shall have a straight top edge with no architectural detailing. k j I f 14. The blank wall elevations shall be enhanced either in the form of niches or other alternative detailing. 15. The three small third-story windows on Unit B shall be reconsidered to be more consistent with the architectural style of the project. 16. The gable ends on Unit A shall have rounded, finished edges or corbels. 17. The windows are not required to be true divided light if it is not their intended function. 18. Metal or alternative materials shall be used for the windows screens and solar panels. Wood or canvas materials are not recommended. 19. Working drawings shall be reviewed by the Design Review Committee prior to issuance of building permits, 20. The Section 14 Master Plan specifies requirements with regards to the streetscape concept, circulation, and landscaping. The following apply to this project: • An 8 foot wide meandering sidewalk path shall be provided on Baristo Road. Please refer to Engineering Condition#12 for details. • An 8 foot wide sidewalk shall be provided on Arenas Road. Please refer to Engineering Condition #7 for details. • African Sumac shall be the primary street tree on Baristo Road and planted in a formal pattern. Shade trees and landscaping as specified in Table 5-4 and Table 5-6, of the Section 14 Master Plan shall be planted in an informal pattern, at a spacing of 30 feet or less. • African Sumac shall be the primary street tree on Arenas Road and planted in a formal pattern. Shade trees and landscaping as specified in Table 5-4 and Table 5-6, of the Section 14 Master Plan shall be planted in an informal pattern, at a spacing of 30 feet or less. 21. Decorative paving shall be provided at the project entries. Final materials shall be submitted for review and approval prior to issuance of building permits. GENERAL CONDITIONS/CODE REQUIREMENTS 1. 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. 2. 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. 3. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 4. All materials on the flat portions of the roof shall be earth tone in color. 5. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 6. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 7. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 8. 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, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking areas, driveways and entries. 9. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 10. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 11. 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 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 12. Details of pool fencing (material and color)and equipment area shall be submitted with final landscape plan. 13. 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. 14. 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. 15. Parking stalls shall be delineated with a 4 to 6 inch double stripe or equivalent design - hairpin or elongated "U"design. Individual wheel stops shall be prohibited; a continuos 6" barrier curb shall provide wheel stops. 16. Concrete walks with a minimum of two (2) feet shall be installed adjacent to end parking space or end space shall be increased to eleven (11)feet wide. 17. 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. 18. Tree wells shall be provided within the parking area and shall have a planting area of six feet in diameter/width. 19. 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 (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1)shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 20. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. Handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 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. Road Design: 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. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 3. Building or Complex Gate Locking Devices: Locked gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) �4 4. Location of Knox boxes: A Knox box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 5. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 6. Fire Hydrant & FDC Location: Residential fire hydrants are required. A public fire hydrant will be required to be installed within 30'feet of the Fire Department Connection (FDC). 7. Fire Extinguisher Requirements: 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 on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible,accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. It is required that the extinguishers be installed in weather and vandal resistant cabinets approved for this purpose. 8. Premises Identification: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. 9. Fencing Required: 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) 10. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 2. Existing street plans for Arenas Road and Baristo Road are approved and on file(see File 14-4-4-251 through 253, approved 12/14/99), The approved street plans shall be revised to reflect current "as-built" or record conditions adjacent to and on-site, as well as to include construction of current City standards, and be submitted to the Engineering Division for review and approval. Otherwise, new street improvement plans prepared by a Registered Civil Engineer shall be submitted to the Engineering Division for review and approval. The new or revised street improvement plans shall be approved by the City Engineer prior to issuance of any grading or building permits. ARENAS ROAD 3. The existing street right-of-way for Arenas Road was dedicated as an easement to the City of Palm Springs by the Bureau of Indian Affairs through an Easement, executed on May 9, 1979, and recorded as document 100106 on May 16, 1979 and re-recorded as document 117565 on June 7, 1979. The tenure of the grant of easement was without limitation, provided that there was never a"non-use"of the right-of-way for the purpose for which it was granted for a consecutive two-year period. The street over which the grant of right-of-way was provided has not been constructed nor used. Provide a dedication of additional right-of- way to provide the ultimate half street width of 40 feet along the entire frontage. 4. Dedicate an easement 1 foot wide along the back of the driveway approach for sidewalk purposes. 5. Construct a 6 inch curb and gutter, 32 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 6. Construct a 15 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The access shall be gated and restricted to an "exit only' .access. 7. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95%relative compaction,or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. 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. Additional paving for a required pavement taper to match existing improvements offsite shall be provided as approved by the City Engineer. BARISTO ROAD 9. Dedicate an easement for sidewalk purposes as required for portions of the meandering combination sidewalk/bicycle path that leaves the public right-of-way. 10. Construct a 6 inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 11. Construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The width shall be consistent with the approved site plan,the centerline of which is located approximately 120 feet east of the west property line. 12. Construct a meandering 8 feet wide sidewalk along the entire frontage. The construction shall use colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. q 13. Construct a Type C curb ramp in accordance with City of Palm Springs Standard Drawing No. 214 at either side of the main entrance driveway. 14. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire East Baristo Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. 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. Additional paving for a required pavement taper to match existing improvements offsite shall be provided as approved by the City Engineer. SANITARY SEWER 15. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manholes. 16. Construct an on-site private sewer system that collects and conveys sewage through a maximum of one lateral to the existing sewer main located in Baristo Road. The on-site sewer system shall be connected to the sewer main by a lateral connection; a manhole connection will not be allowed. 17. 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. 18. The project is subject to a sewer impact fee of$696.00 per acre. The fee shall be paid prior to issuance of building permits. GRADING 19. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval.The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division.A PM 10(dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of stamped approved Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of current Title Report E. Copy of Soils Report K Copy of Hydrology Study/Report 20. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3'wide and 6"deep, to keep nuisance water from entering the public streets, roadways, or gutters, 21. A National Pollutant Discharge Elimination System(NPDES)stormwater permit,issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 22. In accordance with City of Palm Springs Municipal Code, Section 8.50.026(c),the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 23. 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. 24. Contact the Building Department to get information regarding the,preparation of the PM10 (dust control) plan requirements. 25. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading - permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties"(RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone:760-776- 8208). DRAINAGE 26. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage systems (if any exist), and to determine required stormwater runoff mitigation measures for the proposed development. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 27. Provisions for the interception of nuisance waterfrom entering Badsto Road from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas adjacentto Bansto Road,and in only a stormwater runoff condition, pass historic stormwater runoff directly to the street through parkway or under sidewalk drains. 28. The project is subject to flood control and drainage implementation ,fees. The acreage drainage fee at the present time is$9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of building permits. ON-SITE 29. The on-site private streets shall consist of minimum 15 feet wide one-way and minimum 24 feet wide two-way streets as shown on the approved site plan. All on-site private streets shall be constructed with a minimum pavement section of 2% inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95%relative compaction.'Provisions for drainage of private streets, including curbs and gutters, shall be provided to the satisfaction of the City Engineer. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R' values from the project site and submitted to the City Engineer for approval. 30. Parking shall be prohibited along private streets except for designated parking areas. GENERAL 31. 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. 32. All proposed utility lines shall be installed underground. 33. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 34. 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. 35. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 36. 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 37. The existing sewer and public utility easement dedicated as"Parcel C"of an easement to the City of Palm Springs by the Bureau of Indian Affairs through an Easement, executed on May 8, 1979, and recorded as document 100107 on May 16, 1979 and re-recorded as document 117564 on June 7, 1979, shall be abandoned in accordance with Government Code Section 66434 (g). 38. The Title Report prepared for subdivision guarantee of the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the first draft of the Final Map to the Engineering Department for review and approval. 39. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. The Final Map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 40. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. Required clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or by relocation of encroachments along the public street frontages. 41. A 30 inch stop sign and standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the project exit(s). 42. 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. 43. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. ' EXECUTED IN QUADRUPLICATE BOND NO. SU 5008851 PREMIUM: $18,220.00 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Palm Springs Gardens, L.P., a California Lirnited Partnership (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated JUNE 24 , 2004, and identified as Tract Map No. 31328, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and ARCH INSURANCE COMPANY as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Nine Hundred Eleven Thousand and 00/100 dollars ($911,000.00) 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. BOND NO. SU 5008851 Performance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on JUNE 24 2004. PRINCIPAL Palm Springs Gardens, L.P., a California Limited Partnership Signature By: Maurice J. Monnig, Senior Vice President Name and Title SURETY ARCH INSURANCE COMPANY r Q Ip , Pam^ By: By: (Surety Name) Attorney-in-Fact TODD M. ROHM (All Signatures Shall Be Notarized) Page 2 of 2 ALL-PURPOSE ACKNOWLEDGMENT 41 State o,."A� i��`yC' �'��� - CAPACITY CLAIMED BY SIGNER {� County of; —fi✓t�/� �'�i'' fL' /� /'7 ❑ INDIVIDUAL(S) MR CORPORATE SENIOR On v :.° F✓� before me, <�' i17/" OFFICERS)VICE PRESIDENT Date Name, Title of Officer TITLE(S) personally appeared MAURICE J. MONNIG ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) Gfl rsonally known to me-OR - ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose names) ❑ 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/her/their signatme(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: Y _fi+ CONSTANCE GORSUCH W �'s m Tld au offrci!d�1r, eal. Commission# 1357687 4CqM.FX0esjun24201061 Notory Public - CdltornioRdversde County Signature of Notary ` ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above '�rnA�.a�r+lA.,di►..ii.♦rM :�wyA.M.�14 h➢, „4j y� ♦ r4Ar ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of ORANGE ❑ INDIVIDUAL(S) ❑ CORPORATE On 6/24/04 beforeme, D.S. PICARD, NOTARY PUBLIC OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared TODD M. ROHM ❑ PARTNER(S) NAME(S) OF SIGNER(S) A3gATTORNEY-IN-FACT ❑ TRUSTEE(S) XX personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(y) whose name( ❑ OTHER WAN subscribed to the within instrument and acknowledged to me that he6gWtkg g executed the same in his/her/their authorized capacityl T , and that by his/}I0Xt Msignature0;) on the instrument the person(I(1 or the entity upon behalf of which the persons{q)acted,executed the instrument. JJ� __ - =v SIGNER IS REPRESENTING: f a cos FF t93r NO2 `" ARCH INSURANCE COMPANY mess V y hand an Cficial a . ��a . ,., '.. Gi t� A��r �u�dic-rt�ap¢G¢avoaa 1 hl �y�K"� a.. r ta�_ Sigma re of Nota 1w-•-`—:.'-,:� .:- -_;:_�..��._—..,-:,..,�.:,,.'wtl ATTENTION NOTARY: Although[lie information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document BOND MUST BE ATTACHED TO THE DOCUMENT Number of Pages 2 _DATE of DOCUMENT .TUNE 24, 2004 DESCRIBED AT RIGHT: Signer(s)Other Than Named Above POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the Slate of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm,Cathy S. Kennedy,Sejal P. Lange, D.J. Picard and Beata A. Sensi of Orange,CA(EACH) its true and lawful Attorneys}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified oSUtance C° [DKN TE �O t� SLLL � j�'///�JJ/ 14 MISiOYII 1� � Joseph S.1-441, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and seve-10-acknov.".edged Lhat Y ey being^ L`ereur:o duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OF FM SENOM PuW MELISw1B.G�fcmiI,fout Pubdc M Omwissia�� Melissa B.Gilligan,Notary Public Y Exp res February 28,2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Flower of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of JUNE 20 04 Joseph Sell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. c5�rancB cO IlBroud Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April 2003 Arch Insurance Company Attested and Certified 5�ance O o eaR Te �4 Mlswud <A� Joseph S.L I, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS 1 Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severa!!y aakno•:"edged being eeur1 duty.. — a . authorized signed, sealed with the corporate seat and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL_SEAL Mt31SSA B.f�tLKa41,fk�tay Public ����� SlaieaCc�nedcut Melissa B.Gilligan, Notary Public My Conwn ssbn Fxp res February 28,2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell. Comorate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 9,2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of JUNE 2004 wCorpora Joseph SC te Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 5�rance C o � CORfaMTE �'A U 'GL Ylsraud Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. EXECUTED IN QUADRUPLICATE BOND NO. SU 5008851 PREMIUM CHARGED IS INCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Palm Springs Gardens, L.P., a California Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated JUNE 24 , 2004, and identified as Tract Map No. 31328, 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 Four Hundred Fifty-Five Thousand Five Hundred and 00/100 dollars ($455,500.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. BOND NO. SU 5008851 Labor and Materials Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on JUNE 24 _, 2004. PRINCIPAL Palm Springs Gardens, L.P., a California Limited Partnership r Signat� .� By: Maurice J. Monnig, Senior Vice President Name and Title SURETY ARCH INSURANCE COMPANY By: By: � �/�• (Surety Name) Attorney-in-Fact TODD M. ROHM (All Signatures Shall Be Notarized) ALL-PURPOSE ACKNOWLEDGMENT /X� State of / CAPACITY CLAIMED BY SIGNER County of�J` ..G(,^��L�G' �✓ ❑ INDIVIDUAL(S) ell On ✓;.1 j/ C� beforeme, 6/L'5Z f° ^.Sfr'C.%��1 CORPORATE SENIOR OFFICER(S)VICE PRESIDENT Date Name, Title of Officer TITLE(S) personally appeared MAURICE J. MONNIG ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT dpersonally known to me-OR- ❑ TRUSTEE(S) ❑ 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/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the/instrument./ _ _ _ _ _ SIGNER IS REPRESENTING: Witnes�°s}'zny hated and o let l sed i a CONSTANCE GORSUCH Cyp i'2n t// / • Commission M 1357687 d ( i ����`�eL c � .- Notary Pubk - Calromu Riverside County [[ Signature of Notary ' ' My Corn'ExpIresJ n2o,Z(Ipb/ 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 � � �. f,. ��, r . � ,� : ,,.. {y i�'VMr'h' +! wMu1M'^V .w +N/^-'�W'-'AP�M"'S: ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of ORANGE ❑ INDIVIDUAL(S) ❑ CORPORATE On 6/24/04 beforeme, D.J. PICARD, NOTARY PUBLIC OFFICERS) Date Name, Title of Officer TITLE(S) personally appeared TODD M. ROHM ❑ PARTNER(S) NAME(S) OF SIGNER(S) ATTORNEY-IN-FACT ❑ TRUSTEE(S) XXpersonally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(X) whose name(oo ❑ OTHER is/,W subscribed to the within instrument and acknowledged to me that hefflkythmexecuted the same in his/her/their authorized capacity, and that by his/)[%'�=signature(o on the instrument the person(V or the entity upon behalf of which the persons(K)acted,executed the instrument. ���^4-^ �_>a y SIGNER IS REPRESENTING: Witness my hand ctal se ,�yam' ,� GOC�ESJ•�t9g$9�4 pip ARCH INSURANCE COMPANY �`��� G8®82c�Peoflt9V�a�4""„;A8;47d& R♦r c -- re a z K- Signature off Notary �—��a=�-..-�.— 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 BOND MUST BE ATTACHED TO THE DOCUMENT Number of Pages 2 DATE of DOCUMENT_ JUNE 24, 2004 DESCRIBED AT RIGHT: Signers)Other Than Named Above �� � � ���^ '�S ����' � � .,, � iw l_ POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm,Cathy S. Kennedy, Sejal P. Lange, D.J. Picard and Beata A. Sensi of Orange,CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company.on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOD13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1st day of_ April 2003 Arch Insurance Company Attested and Certified 5a[ance C o G WKO TE 34 n sru 5 Joseph S.L44,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and seve.-Ily ackno,.Medged that they bang t raunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFI IJ-UGM,rMy "yea I , Melissa�Gii�, Notary ota ]Public Expm February 28,2005 Mycrnmfission expires 2-2"5 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Flower of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of JUNE 2004 Joseph S )ell, Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 5�[anee C '0 COFfJMiE 'O Ylaoud Home Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified 5ytance C o ° mRroItATE �'° ' ° SEAL lilt {� J Joseph S.1-641,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally ackno'uMedged that f;ey being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFKXALSENo �� tdEUSSA t G l curie,Notary Public �� Staleoxpm February Melissa B.Gilligan, Notary Public My l onxn scion Exp res February 28,2005 My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell; Comorate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of JUNE 2004 Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 5�rance C C fLftIOMiE °�Q s°s sEnE � it s Nlrtoud Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. EXECUTED IN QUADRUPLICATE BOND NO. SU 5008851 PREMIUM CHARGED IS 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 Palm Springs Gardens, L.P., a California Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated JUNE 24 , 2004, and identified as Tract Map No. 31328, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and ARCH INSURANCE COMPANY as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of One Hundred Thirty-Six Thousand Six Hundred Fifty and 001100 dollars ($136,650.00), 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 BOND NO. SU 5008251 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 JUNE 24 2004. PRINCIPAL Palm Springs Gardens, L.P.,, aaCCalifornia Limited Partnership Signature, By: Maurice J. Monniq, Senior Vice President Name and Title SURETY ARCH INSURANCE COMPANY By: By: (Surety Name) Attorney-in-Fact TODD M. ROHM _ (All Signatures Shall Be Notarized) - ALL-PURPOSE ACKNOWLEDGMENT s State of ..�k_„d��Lf:=-l��4�%�..�..Pr � CAPACITY CLAIMED BY SIGNER r/ Ip (` � �, .� County of � � ❑ INDIVIDUALS) }R CORPORATE SENIOR Oil �/� � S before me, OFFICERS)VICE PRESIDENT Date Name, Title of Officer TITLE(S) personally appeared MAURICE J. MONNIG ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) 0 personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(s) whose Daniels) ❑ 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/her/their signature(s) on the instrument the persou(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: ! ♦ 1h 1_ " jj tV ess my 1/uand and official seal. CONSTANCE GORSUCHdN F riti.✓ Commission 8 1357687 No Public - Callfornir r uo Riverside County Signature of Notary f0MY Comm.Expires 1, 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 RIGI3T: Signer(s) Other Than Named Above CONSTANCE GORSUCH !r ` Cammission N 1357687 ■ -� Notary Public - California z{ Riverside County �� _ My Comm`Explre_Jun 20,2006I �,t .i..,., , �;e-: �l�l (yak�;-tii3,'�I __ � � 'r. fc".;j� .. , .d p-i '.�:i'� ..y.. �. � F. � .. ��� `-� �t dr�d n�z , S r ?k, fir ,,.. ,. .".;�:.�..;'�-,�,�'„�;µ��,..�,,,,,,n. a -..��a. ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of ORANGE ❑ INDIVIDUAL(S) ❑ CORPORATE On 6/24/04 beforeme, D.J. PICARD, NOTARY PUBLIC OFFICER(S) _ Date Name, Title of Officer TITLE(S) personally appeared TODD M. ROHM ❑ PARTNER(S) NAME(S) OF SIGNER(S) ATTORNEY-IN-FACT ❑ TRUSTEE(S) IX personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the persons(y) whose name( ❑ OTHER _ is/gN subscribed to the within instrument and acknowledged to me that he�i executed the same in his/her/their authorized capacity]"Ili 4, and that by his/11R)MMsignatureM on _ the instrument the person(30 or the entity upon behalf of which the personsw acted,executed the instrument. ?a <,... SIGNER IS REPRESENTING: Witness my ha officia se ARCH INSURANCE COMPANY _ q� / .,� ,wy PlteP+�sy&�tc�9dc�Lallt�etpa Ewe& Signature of Nota ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Tide or Type of Document BOND MUST BE ATTACHED TO THE DOCUMENT Number of Pages_ 2 DATE of DOCUMENT JUNE 24, 2004 DESCRIBED AT RIGHT: Signer(s)Other Than Named Above r � � � ��.; POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D.J. Picard and Beata A.Sensi of Orange,CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors.on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1st day of_ April , 20 03 Arch Insurance Company Attested and Certified OSv(anc°C0 mnORCTf 39 ° SELL 1911 Joseph S.L I, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P.Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and se—rails act^o.—d,-d that the"being thamunito duly 9 9 PP Y , V 3 a Y authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICJAL SEAL tdELISSA B.fFIQL AFl, Pud c �7 Of Colwww MyCanmss�an � Melissa B.Gilligan, Notary Public/ ,2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of JUNE 2004 Joseph Sell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. c5�ranc°C° co6roRAiE �'� o sEnl m fl, NlBioud Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified rc ° ozo",� sfoad t:rG' od Joseph S.1-641,Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally IcImo, edged that they being t.",ereun o duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL. M state ot co�r'.� t► "r Public My Conwnission Expkes February 28,2005 I Melissa B.Gilligan,Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell; Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1.2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of JUNE 20 04 Joseph Sell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 05,tanCa e0 wrroearz aA e iru � N�Eoud Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. EXECUTED IN QUADRUPLICATE BOND NO. SU 5008852 PREMIUM: $100.00 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Palm Springs Gardens, L.P., a California Limited Partnership (hereinafter designated as 'Principal') have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated JUNE 24 , 2004, and identified as Tract Map No. 31328, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Five Thousand and 00/100 dollars($5.000.00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with-respect to such work or labor, and for the completion of said setting of monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. BOND NO. SU 5008852 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 herebywaive 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 JUNE 24 , 2004. PRINCIPAL Palm Springs Gardens, L.P., a California Limited Partnership Signatur,y/ By: Maurice J. Monnia, Senior Vice President Name and Title SURETY �y ARCH INSURANCE COMPANY �5 C� By: By: C\/ (Surety Name) Attorney-in-Fact TODD M. ROHM (All Signatures Shall Be Notarized) ALL-PURPOSE ACKNOWLEDGMENT A State of ��1 ffGr',G'C '' CAPACITY CLAIMED BY SIGNER County of �42��E f�� ��""' �❑ INDIVIDUAL(S) ,a� IXX CORPORATE SENIOR On °+,i✓e;.�<�,✓�r'd;�" before me, "'_' OFFICERS)VICE PRESIDENT Date Name, Title of Officer TITLE(S) personally appeared MAURICE J. MONNIG ❑ 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/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: f�a CONSTANCE GORSl1CH ■ W11tries my had and ofttcial 9e 1.� Commission N 1357687 fff / t k �� Notary PubNo - California Riverside County MY Comm,E>tplrer;.kn2Q2006 _ Signature of Notary` — + — •- — — + +� ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT _ DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ..u�..Y'r.A.+h_v1.1►. 4 � �Ih I1�Ai 9 .� ' Mt r.,,�,,� i `, tl'-'p i� fil �. � l�s rc � nA r� 84:' 1 i+ it Rif l) Pie �''�� ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of ORANGE ❑ INDIVIDUAL(S) ❑ CORPORATE On 6/24/04 beforeme, D.J. PICARD, NOTARY PUBLIC OFFICERS) Date Name, Title of Officer TITLES) personally appeared TODD M. ROHM ❑ PARTNER(S) NAME(S) OF SIGNER(S) ATTORNEY-IN-FACT ❑ TRUSTEE(S) XX personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved to me on the basis of satisfactory evidence to be the personsW whose nameOE) ❑ OTHER is/M subscribed to the within instrument and acknowledged to me that he6awthKyexecuted the same in his/her/their authorized capacity , and that by his/HIWKsignatureoo on the instrument the person(V or the entity upon behalf of which the personsoj)acted,executed the instrument. .,,,�„1,, ,, � SIGNER IS REPRESENTING: Witness my hand and o 71 'al sea . c� .. r �Q6'rgG�i.'193�•B'iQad G _ARCH INSURANCE COMPANY 4i9 :°tt3 ,�� Pa4arn•°"wPn96c-OaPB9®€oase f� � r . ' lStT tcnrn.Exp.3asg 26, Y igatue y.r v+' 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 BOND MUST BE ATTACHED TO THE DOCUMENT Number of Pages 2 DATE of DOCUMENT JUNE 24, 2004 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D.J. Picard and Beata A.Sensi of Orange, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri, This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint ageri s and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Pagel of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1 st day of April ,20 03 ,Arch Insurance Company Attested and Certified O`'atance MRro Tf �0 e SIM � 971 t Joseph S.L�WI, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFM SEAL MELlssws�a� ` �lJG�'� My Commission Expires February 28,2005 Melissa B. Gilligan, Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of JUNE 2004 Joseph S 21115cpOrIgorae Secretary This Power of Attorney limits the acts of those named therein to the bonds End undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein staled. 05J�ancB cO CO;p Gif �'� ° 1u1 � 9n t• Mlssoud Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April 2003 Arch Insurance Company Attested and Certified e�ance O o ° aDRNR1TE '� U SEAE lf)1 11 N nYud /"�14e_ Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. f� OFFICW_SEN K Jf/1 C111 NotaryPuh6c � MyCmxnis"Exl %FMary28,2005 Melissa B. Gilligan, Notary Public My commission expires 2-2M5 CERTIFICATION I, Joseph S. Labell, Comorate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1;2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 24TH day of 3UNE 20 04 �� Joseph Sell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. 5'�ance C c ° C➢RraGiE �4 4 euE � �IftYYlt Home Office:Kansas City,MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. - I/ ✓ )� ARCH Insurance Company ARCH Suety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. �CJ4 PALM S,o city of Palm Springs 4 � Department of Public Works and Engineering 3200 E.Ta6quitz Canyon Way • Palm Springs, California 92262 Cq<I Fp V, Tel: (760)323-8253 • Fax (760)322-8360 • Web:www.ci.palm-springs.ca us MEMORANDUM DATE: July 9, 2004 To: Trisha Sanders, City Clerk FROM: Marcus Fuller, Senior Civil Engineer VuV` SUBJECT: Tract Map 31328 Trisha: Attached please find four original Subdivision Improvement Agreements for TM31328. This map was approved at the July 7, 2004, City Council meeting. Also attached are three sets of subdivision securities (bonds). I have retained one set for our file. Post Office Box 2743 • Palm Springs, California 92263-2743 CONTRACT ABSTRACT Contract Company Name: Palm Springs Gardens, L.P. Company Contact: Maurice Mormig Jr j 7 Summary of Services: Subdivision Improvement Agreement •^ �� I Contract Price: N/A np , Funding Source: N/A �V Contract Term: 2 Years Contract Administration Lead Department: Public Works & Engineering Contract Administrator: Marcus Fuller Contract Approvals Council/Conununity Rcdcvelopmcnt Agency Approval Date: July 7, 2004 Minute Order/Resolution Number: Resolution 20986 Agreement Number: A4914 Contract Compliance \ \ Exhibits: �\`• Signatures: Insur ance: Bonds: Contract prepared by: Marcus Fuller Submitted on: July 9, 2004 By: Marcus Fuller DOC a 2004-OMOZ 1 04 07/28/2004 08:00A Fee:NC Page 1 of 29 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY. County of Riverside CITY OF PALM SPRINGS Gary L. Orso Assessor, County Clerk d Recorder AND WHEN RECORDED MAIL TO I IIIIII IIIIII IIIII I II I I+II IIIIII IIIII I I IIIII IIII IIII ,_„ CITY OF PALM SPRINGS I' IIII �lxl OFFICE OF THE CITY CLERK 3200 E.TAHQUITZ CANYON WAY M S U PAGE SIZE GA POOR NOCOR SMF MISC PALM SPRINGS,CA 92262 A R L COPY LONG REFUND NCHG E%PM EL SUBDIVISION IMPROVEMENT AGREEMENT Title of Document 1��RrIr 61R�A ],IRM RRE'C-'©�R?DE�RMJ JN L Y