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HomeMy WebLinkAboutA4750 - ACANTO PARTNERS SUBDIVISON IMPROVEMENT TM 29632 5.0845 PD 262 SPC Acanto Partners, LLC Subdivision Improvement AGREEMENT #4750 r R20706, 8-13-03 DOC *4 2003-935'79G RECORDING REQUESTED BY; 11/26/2Page0I ofR31ee:NC 9 Recorded in Official Records CITY OF PALM SPRINGS County of Riverside Gary L. Orso AND WHEN RECORDED MAIL TO Assessor, County Clerk & Recorder City ofo 2743 Springs P.O.Box 2743 IIIIIIIIIIIiI_Iff till 111111111l1i111111111 Patin Springs, CA 92263 Attn: City Clerk w s c PAGE SIZE DA PGOR NOLOR SMF h]!SC LONG kEFUND NOHG-- E 144 4�V�f I I:VY �G SUBDIVISION IMPROVEMENT AGREEMENT, A4750 Title of Document ACANTO PARTNERS, LLC THIS AREA FOR RECORDERS' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) G\RECORDER\RECORD REQ SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and ACANTO PARTNERS, LLC 2F/2 b3�©60�3fl 2 of 31 TABLE OF CONTENTS x 1. Construction Obligations............................................................................................1 1.1 (a)Works of Improvement..............................................................................1 1.1 (b) Mitigation Fees for Future Improvements ................................................1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. ........................................................................................................1 1.3 Intent of Plans................................................................................................1 1.4 Survey Monuments........................................................................................2 1.5 Performance of Work.....................................................................................2 1.6 Changes in the Work.....................................................................................2 1.7 Defective Work...............................................................................................2 1.8 No Warranty by City.......................................................................................2 1.9 Authority of the City Engineer........................................................................2 1.10 Documents Available at the Site....................................................................3 1.11 Inspection.......................................................................................................3 1.12 Compliance with Law.....................................................................................3 1.13 Suspension of Work.......................................................................................3 1.14 Final Acceptance of Works of Improvement .................................................3 2. Time for Performance................................................................................................4 2.1 Commencement and Completion Dates........................................................4 2.2 Phasing Requirements...................................................................................4 2.3 Force Majeure................................................................................................4 2.4 Continuous Work...........................................................................................5 2.5 Reversion to Acreage ....................................................................................5 2.6 Time of the Essence......................................................................................5 3. Labor..........................................................................................................................5 3.1 Labor Standards ............................................................................................5 3.2 Nondiscrimination ..........................................................................................5 3.3 Licensed Contractors.....................................................................................5 3.4 Workers' Compensation ................................................................................5 4. Security ......................................................................................................................6 4.1 Required Security...........................................................................................6 4.2 Form of Security Instruments.........................................................................6 4.3 Subdivider's Liability.......................................................................................8 4.4 Letters of Credit..............................................................................................8 4.5 Release of Security Instruments....................................................................8 IIIIII HIM 11111111111 111111111111111 III 111111111 IN 11 z0@ 3 bf 318 6 ©9R -1- 5. Cost of Construction and Provision of Inspection Service ........................................ 9 5.1 Subdivider Responsible for All Related Costs of Construction ................................................................................................. 9 5.2 Payment to City for Cost of Related Inspection and Engineering Services..................................................................................... 9 6. Acceptance of Offers of Dedication........................................................................... 9 7. Warranty of Work.......................................................................................................10 8. Default........................................................................................................................10 8.1 Remedies Not Exclusive............................................................................................10 8.2 City Right to Perform Work............................................................................10 8.3 Attorneys Fees and Costs.............................................................................10 9. Indemnity....................................................................................................................11 10 General Provisions.....................................................................................................11 10.1 Successors and Assigns................................................................................11 10.2 No Third Party Beneficiaries..........................................................................11 10.3 Entire Agreement; Waivers and Amendments..............................................11 11. Corporate Authority....................................................................................................11 (IIIIII IIIIIIIIIIIIll It IIIII IIIIIIII IIIIIIIII IIII I1/ 4-f -31-- -11- SUBDIVISION IMPROVEMENT AGREEMENT THIS S/U�DIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this ( D—day of 2003, by and between the CITY OF PALM SPRINGS, a chartered municipal c oration of the State of California("CITY"), and Tract Map No. 29632 -Acanto Partners LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 29632 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 for street and public utility purposes Lot "A"; dedication to the City easements for public utilities, drainage, and right of ingress and egress of service and emergency vehicles over Lots "B"through "H"; dedication to the City an easement for drainage purposes over Lots "C", "F", "H", and "I"; and dedication to the City an easement for public sanitary sewer purposes over Lots "B" through "I", inclusive. City desires to accept the offers of dedication as shown on the Map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifbations 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 has agreed to pay its fair share of costs for certain public improvements, "Mitigation Fees" which will benefit the Property and which will be built at such time as the City has collected a sufficient amount of the Mitigation Fees in the special fund account created specifically for this purpose to pay for the cost of construction for each of the public improvements identified on Exhibit "A". E. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement; 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. 23014 2 I IIII II III IIII IIIIIII IIIII IIIII IIIII III IIIII IIII IIII 11/2 2 of 08 3960Ff COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1(a) 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 constructioncost for the Works of Improvement is $1,023 489.000. Subdivider has completed the Works of Improvement, prior to the execution of this Agreement. 1.1(b) Mitigation Fees for Future Improvements. Prior to issuance of the building permit for each residential unit, subdivider shall pay those Mitigation Fees which are © identified in Exhibit "A" hereto. Said Mitigation Fees shall be held in a fund for the specific ©m purpose associated with each fee until adequate amounts are collected to construct the public improvement with which each is identified. The Mitigation Fee amounts shall be N adjusted if the engineering spread study currently in process determines that the fair share of the fee is a different amount, or if the permits are not obtained within the currentalendar year as specified in Exhibit "A". 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. h addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval related to the Tentative Map are identified on Exhibit "B" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work.Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of 23014v2 -1- the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work.Subdivider shall furnish or cause to be furnished all materials, labor,tools, equipment, utilities,transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work.The City Engineer,without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice)at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the 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 contractorto keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s)regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it,the contractor at anytime 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. 230142 -2- IIIIIII HIM IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11 °"2003Oe @OR 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. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items.After the contractor has completed these items,the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty(30)days following City's approval of the Plans("Commencement Date"); and(ii)complete or cause to be completed all of the Works of Improvement nine(9)months after the Commencement Date. 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 satisfies. 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. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public 230142 -3- 1111111111111111111111111111111111111111111111111111111 11,EE08 a£53�F0©F, i agency(including City), required changes to the Scope of Work required by City, and similar causes; provided, however,that the period of anyenforced delay hereunder shall not include any period longer than five(5)days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty(30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11- 66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made byor on behalf of Subdivider shall not be considered in determining City's authorityto 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 Improvementto complywith all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated bythe Directorof 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 Improvementto carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. 23014v2 -4- 6 III III I II II II I III III I II 11.� �'9 oof 31F�@F 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$15,000.00 equal to one hundred percent of the estimated monumentation cost. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"),with the amount of such Security Instrument to be in the amount of $153,500.00 equal to fifteen percent of the estimated total construction costs referenced in Section 1.1. The acceptance and one year warranty period shall commence upon the final completion of the construction of all housing and residential structures within the development. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise_ approved by the City Attorney: (a) Bonds.For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.,Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in 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 23014v2 -5- II IIIIIIIIIIIIIIIII IIII II IIII III i 1eo 31 ci iz instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall,within ten(10)days after written demand therefor, 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 mayelect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; 23014v2 -6- �111111 HIM Id 1111111111111111111111111111111111 IN �1/2 08 00A (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 priorto construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of anyof 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 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. 2sm4v2 -7- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII II III iu0�1 of31 n 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 Subdividerfails 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 attorneys fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action,taking depositions and discovery, retaining expert witnesses,and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit onlythe 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 230142 -8- 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. IIIIIII II HIM 1111111111111111111111111111111111111111112©©14 3£�EenR 23014v2 -9- IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: uaX/ 40 2- 200 Zy7 CITY OF PALM SSPPRINNGS, CALIFORNIA atricia A. Sanders, City Clerk David-Read ;City M tiger H. APPROVED AS TO FORM: Cit Atto ey CONTRACTOR: Acanto Partners, LLC, by Bridge Palm Springs. LLC, by Creative Energy Corporation, by Victor Lee. President (Check One: riiffflvidual, X partnership,_corporation) i (Notarize Signature) By: /,�/f ,� Victor Lee President (Notarize Signature) "Subdivider" Mailing Address: 3151 Airway Avenue Costa Mesa, CA 92626 1tij44B4t-,u 1� CffV u'a0!MNd;nEtL 11 2t�f� -935726 15 Hof 3116FjH 23014v2 -10- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "),j iIc State of California 9] (S Ss. jl �( County of 1 V C V' S! L' 4j P> c1i <� On�UQVS-T l a003 beforeme, � Uc��1 � �_ NVCInOI $ I'101Q�V�cE��rC,�t>I )' 5{{ Q Palo Neme and Tille of OPooer(e g,"Jane Doe,No'�iry Public") I personally appeared DLl V I d [f , ect V G- i � �cctr;c_i cr A • SR yi a C ('l Nsme(s)of Signer(s) S. Xpersonaily known to me f�l W <: etrac^cc if ijr to be the person s} whose nam are 1�1 subscribed to the within instrument and S'I' .., -�.1.�_,. acknowledged to me that- /the executed �721 C JUDITHq,NICHOLS the same in his/h (Eeo authorizedCOMM-912617ac Not2r Pu capacity 1es , and that by -his/k /the( i y IDE Ceflfornia d1s si natur s on the Instrument the person s , or R1V�RSI9� COUNTY g p )i `.� ,. MyOrxitm, the entity upon behalf of which the persor s& ril a ,MOy7,12004 *�+ ,... .,� acted, executed the Instrument. ' 7 <;j WITNESS my hand and official seal. > V; ;b 4 Slgnelure of Nolary Pub, IL �I Ge )� << OPTIONAL ?i Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent vJl ((� fraudulent removal and reattachment of this form to another document (:I (l Description of Attached Document Title or Type of Document: g o o ',V i S i o v\ T wi aO o y em P lit ( (� y-e e AYE, fj,-r ' 14; 1 ijj Document Date: V G y Sfi 2_ �,2 0 0 Number of Pages: ; - ir; Signer(s) Other Than Named Above: Or Lee Pr2.S\ eK� z Capacity(ies) Claimed by Signer (� I< Signer's Name:E DOV I� rI f��Q A � TCtf I"1 C I A 1•'1 SO( n (� ❑ Individual A /l rap of thumb here )I I Corporate Officer—Title(s): C1tV M(IVlagerL' AVUer 'V t�,J ❑ Partner—❑ Limited ❑ General l�� '3 %1 ❑ Attorney-In-Fact b (fi ❑ Trustee of , ❑ Guardian or Conservator g ❑ Other: !ji fEa jj Signer Is Representing: y\ 2 C•1"� o \OL IVYL r l h s i.v'�C.;<.�;'T.i�.L�v"✓•.z�---_ :✓: .:v"+s✓'✓.:�q v�.:.-tier.. .. .. J✓�'✓:%� ."—__.�.��.v��6� 01999 Narlonal Nolary Aesoclarlon•9350 Ce Solo Avs,PO.Box 2402•Chalswodh,CA 913132402•www nalionalnolaryorg Prod No 5007 Reorder Call Tollflee 1-900376-6827 IIIIIIIIIII IIIIIIIIII III IIII IIIIIIIIIIIIIIIIIIII 11?8 16 a£0310n FA ALL-PURPOSE ACKNOWLEDGEMENT 4 On before me, (f��VA L41ZJ,V7 GIA-) f /V�rJ�((1 47,17CL/AI✓dkof 4 / Name and Title of Offcer(e g,"Jane Doe,No&ry ublliic") personally appeared Name(s)of Signer(s) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their EVA CHENG LIN t signature(s) on the instrument the person(s), or the entity upon COMM.#1392105 m behalf of which the person(s) acted, executed the instrument. W r e; Notary Public-CalNomle N W LOS ANGELES COUNTY + 7 My Comm.Exp.Dsc29,2006 WITNESS my hand an o icial se Signature of Notary Public ---------------------------------- -----OPTIONAL----------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document:: Sb1o)VaIDA) -AIPP VLEA)r - �F>A1�at7 Document Date: z-j 30- 03 Number of Pages: ��✓ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ldlCT©& A, Zff-j-'— Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Offi r ❑ Corporate Officer Titles(s): &,Sll)Li�: ❑ Title(s): Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Si ner Is Representing: Signer Is Representing: uV�r 1111111111111111 IN 11111111111111111111111111111111111111111111 II t t:zsr',1 of 1�rR EXHIBIT "A" Mitigation Fee Schedule. All estimated payments to be made prior to issuance of building permits. Each fee is calculated on a per unit basis. 1. Fire Station & Equipment $2,224.00 2. Traffic Signal: 197.40 3. Bridge: 5,541.40 The above Mitigation Fee amounts apply to permits issued in the calendar year 2003. Said amounts shall be adjusted based on completion of the City's engineers assessment spread report if the amounts determined in the report vary from these estimates. If there is an increase in the amount Subdivider shall pay the additional amount per unit within thirty(30) days notice of the increase. If there is a decrease in the amount Subdivider shall receive a credit toward the payments of the next Mitigation Fees owed for subsequent building permits. In the event the permits are pulled in subsequent years the Mitigation Fee amounts shall be further adjusted in a percentage basis by the Consumer Price Index ("CPI")for the Riverside area as reported by the U.S. Department of Labor for All Urban Consumers, all items, most recently published and released prior to the adjustment date being computed. 23014v2 Exhibit "A" Page 1 2003-935796 11111111111111111111111/61 e foil©F,H EXHIBIT "B" TO SUBDIVISION IMPROVEMENT AGREEMENT Tentative Tract Map 29632 Conditions of Approval follow this page. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII tI III ii 25J190 f0 1OOH TIML- • C-xr�s�Onl .vr rltUYtU IiY PLANI11Na l,Ul;'u'u11341rJ.. S.0`Q45-"PD-2i,2 ,,��,; �TTM29632 pate.�Z�-r Initivl�`�P1 APPROVED BY CITY COUNDIL ase — Date— EXHIBIT EXHIBIT A rgsolotion Ordinance TTM29632 5.0845 - PD-262 APPROVAL SUBJECT TO ALL REQUIRED .rdrni,IN,n toy flROVF MN-0 Acanto Drive Approximately 1320 Feet East of South Palm Canyon Drive December 11, 2002 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 and Building, 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. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM 29632 and Case No. 5.0845/ PD 262. The City of Palm Springs will promptly notifythe 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. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 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 Case No. 5.0845-PD-262 and TTM 29632 application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans,building elevations,floor III II IIIII II I I II II II IIII II 111111111II i l:�5 29 of 31 nH plans, roof plans,grading plans, landscape plans, irrigation plans, exterior lighting plans,sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two(2)years of the City Council approval of the preliminary planned development district. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. 7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 8. 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. 9. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 10. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 11. The applicant prior to issuance of building permits shall submit a draft declaration of covenants,conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances and conditions of approval stated herein. 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. 12. 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. 13. All materials on the flat portions of the roof shall be earth tone in color. 14. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the buildings. 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. 111111111111111 III 1 z6/z a f@ 10F)f, 15. The applicant shall submit an interior street study to staff with a twenty-four(24) foot wide street pattern throughout the development and if approved by the City Engineer, Fire Marshall, and Planning Director, the street widths shall be modified as part of the final map. 16. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 17. The design, height, texture and color of buildings, fences and walls shall be submitted for review and approval prior to issuance of building permits. a. A restudy of the guardhouse shall be submitted. The architecture shall be related to the architectural style of the development. 18. The street address numbering/lettering shall not exceed eight inches in height. 19. That low profile and glare protected entry driveway lights shall be installed on each side of ,the driveway located on Acanto Drive. 20. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 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 Building 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. 21. 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. 22. Trash cans shall be screened from view and kept within fifty (50)feet of the street. 23. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code, therefore a fee of $1250.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 24. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 25. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. I IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIII II IIII 11/ R/200'Oe 00e 26. Vehicles associated with the construction of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 27. The applicant shall dedicate a 20' easement and construct a 15' wide equestrian trail between the property line and Lots 1,2,3 and 4. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 1,2,3 and 4.A minimum 15 decomposed granite trail, landscape,fencing and signing shall be provided. 28. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All Mitigation measures,where applicable, shall be adopted as conditions of approval. The following measures are highlighted for convenience: a. Prior to final project acceptance including approval of the final map, the City shall establish a formula for the applicant's payment of their"fair share"of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicants proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. i. Funding of site acquisition and construction of a fire station providing- adequate fire protection services to the project site and vicinity. ii. Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element. See Section 5-10(5-184)Jobs and Housing for specific mitigation measures. iii. Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental,Impact Report. iv. See Engineering Condition#33, b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils II II III I I II II III 11111111111111111 II 11 er6lcJ J3� 6F aF report shall be submitted with the detailed development plans(grading and structural) for the project. C. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and was areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summo a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on0- site, disposition, etc. At the end of construction , a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developer shall comply with Section 11 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. Construction Requirements - Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, City of Palm. Springs Fire Protection Master Plan Vol. 11, City if Palm Springs Ordinance 1570, Desert Water Agency requirements, NFPA 13A, 13D (Modified), plus UL/CSFM listings and approvals. 2. Emergency Access Roads - Fire Department Access Roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9, Section 902. 3. Access Road Dimensions-Fire apparatus access roads shall have an unobstructed width of not less than 20;' and an unobstructed vertical clearance of not less than 14'6". 4. Road Construction - Fire department access roads shall be all weather driving and support a minimum weight of 67,500 lbs. 5. Turning Radius -Turning radius shall be not less than 43' from centerline. 11111111111111111{i it 11h11111111111 III1111E 11126 24 31 00ri 6. Cul-De-Sac- Cul-de-Sac streets shall be designed with a minimum turning radius of 43 feet on center. 7. Construction Site Guard-A construction site guard is required for combustible construction. The guard shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 8, Construction Site Fencing - Construction site fencing required per City of Palm Springs Ordinance 1570, Fire department access gates shall be at least 14' in width and equipped with a frangible chain and padlock. 9. Premises Identification - Premises identification shall be in accordance with 1998 California Fire Code, Article 9, Sec. 901.4.4 and 1998 California Building Code, Chapter 5. Contact building official. 10. Access For Firefighting Equipment-Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. 11. Water Company Requirements - Water supplies and fire hydrants shall be in accordance with 1998 California fire Code, Article 9, Sec. 903, and Desert Water Agency specifications. 12. Mandatory Fire Sprinklers - Project is beyond 5 minute response time from closest fire station and therefore requires an Automatic fire extinguishing system with 24 hour monitoring per the City of Palm Springs Fire Protection Master Plan Vol. II,< City of Palm Springs Ordinance 1570, and NFPA 13D ( Modified). 13. Smoke Detectors - Provide Residential Smoke Detectors to protect all sleeping areas in accordance with the 1998 California Building Code, Chapter 3, Section 310.9. Installation and acceptance testing by building official. 14. Further Comments - Further comments as conditions warrant. 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. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. II II I I II I IIII III I III II II II 11 26 2 31 ©fi 5 of B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses,covenants, reimbursement agreements, etc. required bythese conditions, ACANTO DRIVE *Condition #7 is to be deferred by covenant 3. Half-street right-of-way is required to an ultimate width of 40 feet from the west property line of the tract to the west property line of Lot 1 of said tract and shall be offered via an irrevocable offer of dedication to the City of Palm Springs. Acceptance of the right-of-way shall be at such time as the ultimate roadway improvements are contemplated as determined by the City Engineer. 4. Half-street right-of-way is required to an ultimate width of 34 feet from the east property line of the tract to a point 42 feet west of the west property line of Lot 2 and shall be offered via an irrevocable offer of dedication to the City of Palm Springs. Acceptance of the right-of-way shall be at such time as the ultimate roadway improvements are contemplated as determined by the City Engineer. 5. Half-street right-of-way is required to a variable width from 34 feet wide at a point 42 feet west of the west property to 40 feet wide at the southwest corner of Lot 1 and shall be offered via an irrevocable offer of dedication to the City of Palm Springs. Acceptance of the right-of-way shall be at such time as the ultimate roadway improvements are contemplated as determined by the City Engineer. 6. Construct a 6 inch curb and gutter, 4 feet NORTH of centerline from the east tract property line to 600 feet westerly per City of Palm Springs Standard Drawing No. 200. 6A. Construct a 6 inch curb and gutter transition from 600 feet west of the east property line to the east side of the main entry and continue with 6 inch curb and gutter, 32 feet north of centerline from the west side of the main entry to the west property line with a 35 foot radius curb return at the west side of the intersection of Acanto Road and the Main Entry per City of Palm Springs Standard Drawing No. 200. *7. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct both halves of an 8 foot cross gutter and spandrel at the intersection of Lot"H"and ACANTO DRIVE with a flow line parallel to the centerline of ACANTO DRIVE in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 9. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST AND NORTHWEST corners of ACANTO DRIVE AND THE MAIN ENTRANCE per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 10. 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 IIIIIIIIIIIII Zf�© IIII IIIIIII IIIII 111111III III IIIIII111IIII 11 220 E of 9�ON with City of Palm Springs Standard Drawing No. 110. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Construct an approximately 100 foot long pavement taper from the end of the curb at the west property line westerly to the existing edge of pavement (approximately 30 feet from south line of Section 35). ON-SITE STREETS (PRIVATE) 11. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 12A. All on-site knuckles shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 12. Construct a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13A. Construct a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed barrier curb at the median island along that portion of the street frontage in accordance with City of Palm Springs Standard Drawing No. 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13. Construct a six(6)inch wedge curb in all areas except where hydrology requires an eight(8) inch curb. All curbs are subject to approval by the City Engineer. 14. Construct both halves of a 6 foot cross gutter and spandrel at the intersection of Lots"B"and "E"and Lot"C"with the flow line parallel to the centerline of Lot"C in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 14A. Construct both halves of a 6 foot cross gutter and spandrel at the intersection of Lots"C and "G" and Lot"F with a flow line parallel to the centerline of Lot"F in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 15. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. MAIN ENTRANCE ROAD 16. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project. A. Provide a minimum curb cut of 60 feet III III I I I I II II III IIIII I II I II II 11/26,270'fes 1CIFJA B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project E. Security gates closer than 50 feet from the access street will require a minimum of 14 feet clear width. Gates beyond 50 feet from the street will require a minimum of 12 feet width. SANITARY SEWER 17. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 18. Dedicate an easement to the City of Palm Springs for sewer and public utility purposes with right of ingress and egress for the 10 inch diameter sewer trunk main in Lots"H","C', "F and „1„ 19. Developer shall construct a 10 inch diameter sewer main along the Acanto Drive frontage from Main Entry to east property line. 20. Developer shall construct 8 inch diameter sewer mains 5 feet from and parallel to the centerline of all on-site street easements. A 10 inch diameter sewer main shall be constructed 5 feet from and parallel to the centerline of Lots "H", "C", and "F'(west of Lot "C"). The 10 inch diameter sewer shall connect via the existing easement from Lot"I"to the existing sewer manhole located in Palm Canyon Drive South approximately 129 feet south of the centerline intersection of Bogert Trail and Palm Canyon Drive South and into the 10 inch diameter sewer main being constructed in Acanto Drive. 21. Developer may enter into a reimbursement agreement for that portion of the 10 inch diameter sewer main which is off-site. 22. Developer shall pay the sewer assessment fee of$146.19 per lot. GRADING 23. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 24. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. ������111111 id PIN 111111111111111 III 111111 II 1111 1126J26A f'019©R C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 25. Drainage swales shall be provided adjacent to all curbs and sidewalks-T wide and 6"deep- to keep nuisance water from entering the public streets, roadways, or gutters. 26. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 27. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 28. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 29. Contact the Building Department to get PM10 requirements prior to request for a grading permit. DRAINAGE 30. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. Design of the basin outlet shall be within the existing drainage easement (Lot D, Tract 16149). Calculations shall include outlet Q and capacity of existing drainage control channel. 30A. The Storm flows shall be conducted through the project via underground pipes. The size of the storm drain pipes shall be as per the hydraulic design in the report to be submitted with the grading plans. 31. The storm drain infrastructure shall be maintained by the Home Owners Association. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11 26� 90of608.W, 32. The tract shall be subject to all conditions of Riverside County Flood Control and Water Conservation District stated in their letter dated Jan. 24, 1985. 33. Developer shall pay a fair share contribution as approved by the City Engineer toward the construction of a bridge structure at the South Palm Canyon Drive crossing of the Arenas South drainage channel. The fair share contribution shall be determined in accordance with Planning condition No. 28 and the applicant shall enter into an agreement to pay said fees prior to issuance of building permits. GENERAL 34. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 35. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 36. 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. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 37. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 38. 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 Standard Drawing No. 203. 39. 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. MAP 40. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 41. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 42. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of III II I I I I II II III I II 111111111111 II i i?s�2EE4 f�a6©er, the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the ACANTO DRIVE frontage of the subject property. 43. Striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 44. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625, 45. The developer shall prepare and submit a focused traffic study to update the analysis prepared for the Amendment to the Specific Plan#1 Environmental Assessment, and shall pay a fair share contribution toward the off-site roadway improvements and traffic signals outlined in Table 7, "Circulation Mitigation Measures", of the said Amendment to the Specific Plan, as may be modified by the focused traffic study. Payment of required fair share contributions shall be made prior to issuance of building permits. The update of the analysis for this tract can be included in the update required in the conditions for Tract Map 30046 and Tract Map 30050. As an alternative the developer may pay fair share fees based upon the original traffic study. 46. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: NW Corner of Acanto Drive and the Main Entrance 47. 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. 48. This property is subject to the Transportation Uniform Mitigation Fee based on thE, RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. IIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIII IIIII IIII 11 2� '1 of©311 • i ***EXECUTED IN FOUR COUNTERPARTS*** Bond# 184018 CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council or the City of Palm Springs, State of California, :inct AcantG_Partners l_i;C_a California Limited LiabilityCo_m1 ny, En_dge Palm_Springs l.loS;_�CaIlFornla L.Imite Liablity Company. a Managing Member, ny Creative Energy �OrpQcatiQn, (hereinafter designated as "Principal") have entered into an agreeniant whereby Principal agrees to Install and complete certain designated public improvements, which said agreement, dated July, 1 2003, and identified as Tract Map No. 29632, is hereby referred to and made a part hereof; and WHEREAS, Principal Is required under the terms of said AgreeinE nt to main tai ; and guarantee the costs or repair and/or replacement of defective materials or dete,.tiw workmanship in such improvements, which guarantee shall remain in (�frect for a perioc of one (1) year from date of acceptance of work by the City of Palm Springs (hereinaft� called "City'), and to furnish a bond for the faithful performance of said Agreement anc the payment of all contractors, subcontractors, laborers, materialmen, a:id other persons employed In the performance of any such maintenance and warranty w,;rk. WHEREAS, Principal has completed said work and the City ha;; acccpl(A, substantially concurrently herewith is accepting, said work, subject to the iequirem: nt of delivery of tl)is obligation, American Contractors NOW THEREFORE, we, the Principal, and Indemn;tv surety, are held and firmly bound unto the City, and all contractors, subcontra •tors laborers, materlaimen, and other persons employed in the performance of the afor-:said Agreement, for ono (1) year from and after the date of completion and acceptance of said work, in the penal sum of One Hundred Fift -Three Thousand Five Hundrec and rlQf1P.�_ IICp..( 13,5,00_DD), lawful money of the United States, for replacemer;. 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 k. d, 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 t.i the benefit of any and all persons, companies and corporations entitled to file claims ender •I•itle 15 (commencing with Section 3082) of Par?4 of Division 3 of the Civil Code, �.o as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 of 2 ***EXECUTED IN FOUR COUNTERPARTS*** Maintenance and Warranty of Imnrov?mFnta Bond The condTon of this obligation !s such that if the above bonded Principal, his cr its heirs, executors, administrators, Q- acsr?ns, shall in 0 things stand to and abide by: and well and tru!y keep qnd perform, the covenants; r.onditions and provisions in th(, said Agreement respecting the repair and rep!acer ant of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and performed at the lime and in the rna'n�,9r thPre!n FOP. I ;Ed, and Il --ll respfnf-€ .`. yP, harmless; the City of pc�!m Springs, s C'Cers, agenIs and emp!oyees a5 !herein stipulated, then th!s obligation becomes null and void. otherwise it sh2il be and remain in `uli 'rorce !�r.d effect. As e pat Gt the Obi gation 99 Lirn $ `erat?y and rn addition to the face ariount specified therefor, there shall bF included oasts and re.asonab!e expenses ,nd Tires, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation. all tc Le taxed as cost: and included in any ilidgment 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 accornpanying the same shall in anyway affect its obligaticns on this bond, and it does hereby waive notice of any such change, extension or time, alteration or addition to the terms of the Agreement or to the work or to the specificatinns. IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety above named, on July. 16 200 . Acanto Partners Ll_C, a California Limited Liability Company by Bridge (Insurance Cc) Palm Springs, LLC, a California Limited Liability Comp , by Croative Energy Corporatlo n Fy:_ __._.__American Contractors Indemnity Company �y: ._ Victor =c; rre_r i•ar,t ^ dSurety By: Attorney-in-Fact Erik Johansson (All Signatures She!' ae ":e:arz•'d; Page 2 01 2 American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 ,)7e 7 5 7 0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Erik Johansson,Paid S.Dito,Edith Garibay,Kim E.Heredia,Sheric L.Bell,ICimberly Burch,or Pauline La Salle Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obli atory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ":'!:�:1,50,000.00 Dollars')""" This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Factand to authorize then to execute on behalfofthe Company, and attach the seal ofthe Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time,any such Attorney-in fact and revolie the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by,facsamle signatures and facsimile seal shall be valid and bolding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September,2000. `oa4 (TOpr AMERICAN CONTRACTORS INDEMNITY COMPANY SEPT.26,1990 �. .o By. GIL�paK�� Andy T.Faust,Jr., Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this Ist day of September,2000 before me,Norma J. Virgilio, a notary public,personally appeared Andy T.Faust,Jr., Corporate President of American Contractors Indemnity Company,to me personally)mown to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. N0RMA J.%ARGILIG WITNESS my hand and official seal Commission#1322310 � Notary Public-California � 4- - Los Angel"County Nomra J.Virgilio,Notai MYCcmm.F�ilaa SeV 27,2005 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 16thday of July 1200 3 Bond No. 184018 #9007 Agency No. VJAMES H.FERGUSONWCorporatc Secretary rev POA04/20/01 . y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yyyr� St to of California ll 5 I ss. County of Orange 1 ( On �" ��r' �='`� before me, Edith Garibay, Notary Public , II Ifi Dale Name aad Tri of Officer(e g 'Jane Doe,Notary Public") personally appeared Erik Johansson Names)of Siseens) R personally known to me ❑ proved to me on the basis of satisfactory fi evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and fiacknowledged to me that he/she/they executed the same in his/her/their authorized fi capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 21 � 1- the entity upon behalf of which the persons) r fi ' ' " II'"'"" " ' 'r`^I ""' °A� instrument.acted, executed the _- r WITNESS myhand a official sear I Place Notary Seal Above S1 aW Mi P c , OPTIONAL fi Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. fifi Description of Attached Document ps Title or Type of Document: Surety Bond No. '�9 — Document Date: Number of Pages: 5 Signal Other Than Named Above: Capacity(ies) Claimed by Signer J Signer's Name: - I�' IJ Individual Top of thumb here I J Corporate Officer—Ttle(s): II Partner—❑ Limited i-] General �0 Attorney in Fact 1 LI Trustee ❑ Guardian or Conservator 'I I, ❑ Other: I I Signer Is Representing American Contractors Indemnity Company I _ @ 1999 Nallanol Notary Ac4ocialion•9350 Do Solo Ave.PO Box 2402-CM1alevmnb.CA 91313-2402•wwwnD,oralnmaryorg Fred No 5907 Reorder Cnll bait Free 10006766e27 l Fof IA ALL-PURPOSE ACKNOWLEDGEMENT 0,!?1-,9RAb9 bu Av1"61_'—._a AR a9 before me, f s Name and Title of Officer is g "Jane Dhe,Notary Public") personally appeared Name(s)of Signer(s) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 4. EVA CHENG LIN signature(s) on the instrument the person(s), or the entity upon S COMM.N13Y21D3 to behalf of which the person(s) acted, executed the instrument. is011 No Pu611c-0alNomla (/i t+aLOS ANGELES COUNTY Comm.Exp.Doc 23,2333 WITNESS my hand anld-9ffjcial sp 1. Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: rhF-2—E,A Y ✓'-'),e, /&„ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 7C7'0R T E Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Q Titles(s): ❑ Tltle(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee jjj� ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator WMINAME ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here ®®Signer Is Representing: Signer Is Representing: Z/Ii % L/e�1iJANrn 1�Jo3�*,t'�°���1e1ar3TAF.�,a1�