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HomeMy WebLinkAbout04797 - MOUNTAIN GATE PS VENTURES SUBDIVISION TM 30963 5.0931 PD 279 GATEWAY HWY 111 CENTURY VINTAGE HOMES of PALM sA� ulip, City of Palm Springs J'I, _.a •, {F 17eparimenc of Public Works and Engineering QRATV 3200 t,. Wiguicz Canyon Way • Palm Springs, California 92262 IFO RvO' Tel. (760)323-8253 • F.uc: (760) 322-5360 • Web: www.Cr.palm-spnugs.ca.us N x. a, tv July 21, 2006 T w Arch Insurance Company 135 N. Los Robles, Suite 825 Pasadena, CA 9 110 1 - Attn: Surety Department Re: TM30963, Mountain Gate Final Phase Please consider this letter as the City of Palm Springs' notice that the obligations of the subdivision improvement agreement between the City of Palm Springs and Mountain Gate Palm Springs Ventures, LLC, related to Tract Map 30963, have been satisfied The Faithful Performance Bond (No. SU 5003485) and the Monumentation Bond (No, SU 5003486) were released on July 7, 2005. The following subdivision security required by the agreement may now be released: • Tract Map 30963: Warranty Bond; Part of Bond No. SU 6003485; $406,950.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate cc; Dons Benoit, Century Vntage Homes-we facsimile:(909)383-9088;Hallmark a Associates,Attention:Tom Tyrell, 8337 Telegraph Rd, Ste 200,Pico Rivera,CA 906w,,James Thompson,City Clcrk Rd30963 no Post Office Box 2743 0 Palm Springs, California 92263-2743 DOC ti 2003-935T99 11/26/2003 08:00A Fee:NC PLEASE COMPLETE THIS INFORMATION Page 1 of 36 Recorded in Official Records RECORDING REQUESTED BY: County of Riverside Gary L. Orso Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: IIII I IIIIII IIII IIIIIII III I I I I II II IIIII I II IIII REfURN TO: CITY CLERK M $ U PAGE SRE GA PcO NGCOR w "Sc. CITY OF PALM SPRINGS K7 BOX 2743 PALM SPRINGS,CA 92283 SPACE ABOVE...... Mountain Gate PS Ventures Subdivision Improvement AGREEMENT #4797 S R20774, 11-5-03 SUBDIVISION IMPROVEMENT AGREEMENT, MOUNTAIN GATE PALM SPRINGS Title of Document VENTURES, LLC, A4797 THISSAREA F/0 W RE �JRDJE USE IJNL----,Y THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) S'F"CSD 996a(Aw"7) i • fF .F..., v • _ RE:1`OAN TO: CIVY CLERK WYOF PALM aPR,,NGS PAtld�CA t SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and MOUNTAIN GATE PALM SPRINGS VENTURES, LLC A DELAWARE LIMITED LIABILITY COMPANY IIIIIIIIIIIIIElItitlEIIl III IIIIII 1I 11 SSzoozOo£089o0f, O�ML SIID AGREEMENT TABLE OF CONTENTS 1.Construction Obligations... 1.1 Works of Improvement........................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval.,.......... ............................ 2 1.3 Intent of Plans................. 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................................. 2 1.6 Changes in the Work.............................................. 2 1.7 Defective Work......................... 1.8 No Warranty by City............................................... 3 1.9 Authority of the City Engineer................................ 3 1.10 Documents Available at the Site............................ 3 1.11 Inspection............................................................... 3 1.12 Compliance with Law............................................. 3 1.13 Suspension of Work............................. . 3 1.14 Final Acceptance of Works of Improvement........... 3 m 2. Time for Performance................................... 4 M No 2.1 Commencement and Completion Dates................. 4 2.2 Phasing Requirements............................................ 4 2.3 Force Majeure..............I......... 4 ................................. 2.4 Continuous Work.................................................... 4 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.............................................................. 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.................................................. 5.1 Subdivider Responsible for All Related Costs of Construction.................................................... . 5.2 Payment to City for Cost of Related Inspection 8 i and Engineering Services........................................ 8 6. Acceptance of Offers of Dedication................................... 8 �. Warranty of Work.....................................................:.:...... 8 E3. Default............................................................................... g 8.1 Remedies Not Exclusive.......................................... g 8.2 City Right to Perform Work-............. ork............... 8.3 Attorney's Fees and Costs....................................... g gi. Indemnity.......................................................................... g 10 General Provisions.............................................. 10.1 Successors and Assigns. 10.2 :...*.........*11,11*11,11,1111.1....... 10 Beneficiaries.................................... 10 10.3 Entire Agreement; Waivers and Amendments....... 10 11. Corporate Authority.,...... ................. ................................ 10 IIIIIII HIM 111111111111111111111II 1111 Hill 11111111 res©4 of5o6 ae ii SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this RI day of October PALM SPRI , 2003, by and between the CITY OF NGS, a municipal corporation of the State of California ("CITY"), and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of,and has obtained approval of a subdivision map for Tract No. 30963 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, bythe Map, has offered fordedication an easement for public utility purposes as shown as 10 PUE' along and adjacent to all private streets; easements for public utility purposes, including sewers, with the right of ingress and egress forservice and emergency vehicles and personnel over Lots "A"through "(3", inclusive; and an easement for public use for public utility purposes over Lots "H" through "J", inclusive. City desires to accept the various public dedications as shown on the © firial map, and certain other improvements described in this Agreement. Qom}©O C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property, D. Subdivider's agreement to construct and install the Works of Improvement Pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. I 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 construction cost for the Works of Improvement is $2,713,000 00. 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "A" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings., All authorized row alterations affecting the requirements and information given on the Plans shall be in writing M N� and approved by the City Engineer. The Plans shall be supplemented by such working or N 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. 2 1.8 No Warranty by Cif. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation-or, warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at ail 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 CJ G N° its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. N N Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider 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. 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 3 shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may-require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2.. Time for Performance. 0 OM 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, m m o Subdivider shall (i) commence with construction and installation of the Works of m N p ti N Improvement thirty (30) dates 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 ears after the Commencement Date. Extensions of time for completion be ranted upon a of the Works of Improvement may 9 p approval by the City Engineer. 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 forSubdivider'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 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. 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 4 , x pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, m� � m 3. Labor. M`m 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 C 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) or other security acceptable to City in its sole and absolute discretion and satisfying the 5 Y -A 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 $2 713.000.00 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 $1,356,500.00 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$13,500.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments M o are supplied to and approved by City in accordance herewith. M m Vim© (b) Required Security Instrument for Maintenance and Warranty. Prior to the City C:ouncil'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$406. 550 00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond ' must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in 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 4A. (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 6 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; (M)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 ©N Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the —�— works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including w'uthout 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 k 7 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 mom equitable remedy to which it may by entitled. �mw 0 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 C 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 Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. 10 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: it t AT:Patricia —� CITY OF PALM SPRINGS, CALIFORNIA ers, City Clerk David Ready, i y ager SUBDIVIDER: Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (Check One: ____ individual, partnership, _corporation) E3y: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company By: Century Homes Communities, a California Corporation, General Partner By: U V John W. Pavelak, President Mailing Address: _ I I 1535 South `D" Street San Bernardino, CA 92408 pouu9) 381-6007 (909) 381-0041 (Fax) Recommend by: /41�txtgM6bp&�' lkDavid J. Barakian Director of Public Works/City Engineer 20©3-9'�5739 IIIIIIIIIIIII11IIil1h11111III1111III1 iirasr15aoae6 a 11 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l (\ \ \j e V-St � (' r ss. County of Jii \f r 1 On� f)l�4 �� ? LOB before me, . o4-,'tk �. 1 �t( j5 11 )�CYV 1f7b1,lC Dale 11 '' I Name antl Tihe IOlflca,(e.g,"Jane'Doe,Notary Puriblic")I personally appeared ��(P V t R P C \ �� r { i t ° u A ] f1 d P f S Nams(s)of Signer(s) _ X(personally known to me 0,4p.Nee he to be the person s) whose name(al : /are JUDITH A.NICHOLS subscribed to the within instrument and COMM.#1261786 acknowledged to me that the' executed NNo Public-California y the same in - ' heih authorized W ? RIVERSIDE COUNTY =, capacit (es� and that by thei MY Comm.Exp.May 21,2004 signatur�n the instrument the persons or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r Signature or Notary Publm 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. p Description of Attached Document IT Cc,hta l h �icttC { •�, �,(c�N�"" �S I p Title or Type of Document:So k CY I y I S �( h 1lM �` (���1�ryt Document Date: ' , � (} Number of Pages: Signers Other Than Named Above: 5f,� Iv W. 'R V c)((f I Cf PS(j e n-j- t(6n 4 ( All\C£ rCvS -�orT)tv;sl5.eurral.iuvl Capacity(ies) Claimed by Signer C",-l•y a YI Signer's Name: "V' Ck t ('1 C. 9`t .. '�•� r� Individual //}} {. IJ rePorn,l,mb�ere Corporate Officer—Title(s):_l I y /y�q n o a g e r❑ Partner—❑ Limited ❑General I 'l ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other:Signer Is Representing: J 1 'X F I v of 01999 National Notary Assoalalion•9350 De Soto Ave,Po Box 2402.chatswotlh,CA91313-2402•www natlonalnota ry org Pmtl No 5907 Reortle,Call Toll-Free 1-300 8]6-632] IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1122903-93579.9 616 0of 36 ALL-PURPOSE ACKNOWLEDGMENT State of California ) ss. CAPACITY CLAIMED BY SIGNER County of San Bernardino ) ❑ INDIVIDUAL(S) On 10/3/03 CORPORATE President before me, Doris A. Benoit, Notary public OFFICER(S) Date Name, Title of Officer personally appeared John W. Pavelak, President TITLE(S) NAME(S) OF SIGNER(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT -WaMrsoaally known to me-OR- ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ prew to mo nai .x n cic of caCcfactn ❑ GUARDIAN/CONSERVATOR o be the persons(&) whose name(4 ❑ OTHER is/ ubscribed to the within instrument and acknowledged to me thaca*&"Tely executed the same in is it authorized capacity(iee), and that b his ' signature(ej on the instrument the person(aj or the entity upon behalf of which the persons(4 the instrument. acted,executed SIGNER IS REPRESENTING: W;Uz d and o cial se c �,r�..n r Mountain Gate Ventures, LLC DORIS A-BENOIT Commission C 1310 I By: Century Crowell Communities LP Signature ofNotary z "'�� Notary Public- Caffomia By: Century Homes Communities a San Bernardino County California Corporation Comm. 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 Subdivision Improvement Agreement Tr.30963 MUST BE ATTACHED TO THE DOCUMENT Number of Pages 11 DATE of DOCUMENT October 3, 2003 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above III III I I I I I II II III IIII III I II 11.'26©17 0oof 60nfl EXHIBIT "A" TENTATIVE TRACT MAP 30963 CONDITIONS OF APPROVAL llllllllllllllllllllllllulllulllullIII HIM III 11111 PB/2003 of 360en 12 s r-. • • EXHIBIT A ' gl CASE 5.0931-PD-279 Asa ss�4�o 2 yp NA RY LANNED DEVELOPMENT DISTRICT(PD#279) TENTATIVE TRACT MAP 30963 CORNER OF GATEWAY DRIVE AND HIGHWAY 111 RTw% �o�adoa Rf�S� �� pgn CENTURY VINTAGE HOMES �4 .rcl(`rt\f1h1C CONDITIONS OF APPROVAL February 26, 2003 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: 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. 1a. 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, j an approval of the City of Palm Springs, its legislative body, advisory agencies,.or administrative officers concerning Case 5.0931-PD 279 and TTM 30963. 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2• That the propefy 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. I IIIIII IIIII IIII IIIIIII IIIII IIII IIIII III IIIIII I I IIII 11 26©290G508y00R , • Y i3. If, within two (2) years after the date of approval by the city council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(1), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district and tentative tract map shall,expire. Extensions of time may.be allowed for good cause. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. .. 4. 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. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$5,000 for the review of the CC&R's by the City Attorney. 5.- Separate architectural approval and permits shall be required for all signs. 6.. The project shall be developed in three phases. A. Phase 1 shall include completion of the specific requirements of the subdivision including all street improvements included and/or adjacent to that phase, and all off-site improvements included and/or adjacent to that phase. These improvements shall include improvements of the common recreation adjacent to main entry, entry gate and landscape elements including Highway 111 and Gateway Drive landscaping, and seven residential lots incorporating the model A Includes a 1 r 1 n Cvmipiex. Phase � I��a��es site puns, roof plans, floor plans, exteror building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc., for the model complex. The retention and detention basins on the westerly property boundary will be completed during Phase 1. B. Phase 2 shall include development of approximately 164 residential lots within the southerly and easterly portions of the gated community and 26 lots within the ungated portion of the project. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 2 includes site plans, roof plans, floor'plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc., for all single family residences. C. Phase 3 shall include development of 121 residential lots within the northerly portion of the gated.community. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 3 includes site plans, roof IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIII IIIIII 11 2©0 2s oc s seep plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc. for all single family residences. 7. Final landscaping, irrigation, exterior lighting, and fencing plans for each,phase shall be submitted for approval by the Planning Commission (see Condition#3 above) prior to issuance of a building permit/construction permits. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern project perimeters, using trees and shrubs. The windbreak shall be installed as residential phases are developed. 8. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. A street tree program shall be submitted to the Department of Planning and Zoning prior to the issuance of a Certificate of Occupancy. 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. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening 12. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets.or residential and commercial'areas. 1:i, The design, height, texture and color of b'Jilding(5), fences and walls Shall be S�bmittcd for review and approval prior to issuance of building permits. 14. The street address numbering/lettering shall not exceed eight inches in height. 113. 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 & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. If lighting for the tennis courts is ever proposed, the tennis courts shall be subject to Section 93.01.01 of the Zoning Ordinance pertaining to tennis court lighting as follows: .. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11HIIIIIIIIIII a Ep29 fe86©ea y 1. Night lighting shall be allowed subject to the following property development standards; a. The height-of the light fixtures shall not exceed 18 feet. A maximum of five light standards shall be permitted on each side of the court. The height of the fixture shall be measured from natural grade. b. The light beam shall not extend off the subject property. Lighting levels shall not be more than 1 foot candle above the ambient light level on adjacent properties. c. Quartz lights shall be prohibited. d. Lighting shall not be greater than 400 watts perfixture. 17. The retention and detention basins shall be fully landscaped and designed to provide passive recreation opportunities, to the extent possible. 18. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. For single family residences, cans must be located with 50' of the street. For the common areas, trash enclosures shall be required in each recreation area. 19. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 20. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed pool structure and the path of travel to the main entrance. 21. The Department of Planning and Zoning recommends that the applicant obtain a copy of the publication, Suggestions for Disabled Access Design in New Single Family Homes available through the Department of Planning or the Department of Building in order to consider incorporation of building design features that would enhance handicapped accessibility. 22. Common areas pool hours shall be closed between the hours of 10 pm to 7 am. 23. The maximum building height shall be 18' measured from the building pad height approved on the final grading plan. 24. The entry plan for the project entry shall be refined to provide adequate improvements and provide additional wall,'gate, lighting and landscape details as part of the Final Planned Development plans. 25. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The developer shall be responsible for completed front yard landscape, irrigation and exterior lighting plans. In addition, rear yards shall be landscaped within 90 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement. I I I I I I I I I I I I I I I I I I I III I I I I I I I I I I I I I I I I III 2993-335799 r 11/2E/20©3 0E0©fi 1 22 0£ 36 28. The project entry shall incorporate decorative street, landscape and safety lighting. Decoratative lighting at entries shall be pedestrian scale. 27. Project setbacks shall be as follows: Front.yard setback 20' Side yard setback - 5' Rear yard setback- 15' Refer to R-1-C Zone for remaining property development standards. 28. The minimum house size shall be 1,211 square feet, with a mix of housing sizes up to 2,778 square feet. Larger residences may be permitted as long as the building footprint is consistent with setback and lot coverage requirements. The maximum lot coverage shall be 47% of the net lot area. 29. The Developer shall construct a minimum six foot tall, decorative block wall around the entire project. Where necessary, the use of a retaining wall may be required. Final wall plans shall be required as part of the Final Development Plans. All walls shall be decorative. The retention basin of Lot S shall be fenced using wrought iron. :30. AII' existing Tamarisk trees and roots shall be removed in an effort to reduce future root damage for existing homeowners. 31. A new property line wall for abutting properties shall include the removal of existing fences if the property owner consents to the removal. 32. Prior to issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. The amount of fees paid will be determined based on the established state formula for determining construction costs. 33. In accordance with Public Resource Code 5097. 94, if human remains are found, the Riverside County Coroner must be notified wlthir'i 24 hours of the discovery. if the Coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacrament to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 34. A Riverside County-certified archeologist shall be retained to attend pre:grading meetings. The archeologist will carefully inspec(the area to assess the potential for significant prehistoric or historic remains. If a site is uncovered, than a subsurface investigation may be needed if the site is determined uniquefimportant for its prehistoric information. 35. A Native American Monitor shall be present at all ground disturbing activities and during construction activities, the monitor and the archeologist shall have the opportunity to temporarily divert or direct earth moving to allow time to evaluate any exposed IIIIII IIIIII IIII IIIIIII IIIII IIII IIIII III IIIIIII II IIII 1 I 260 2003566900H prehistoric or historic material. Any recovered prehistoric or historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Western Center for Archeology and Paleontology(UCR). 36. :Any cultural resource documentation and survey documents generated in connection with the project shall be distributed to the Agua Caliente Band of Cahuilla Indians. MITIGATION MEASURES . 37. A. Prior to issuance of a grading permit, the developer will develop and submit a dust control plan to the City's Building Official,in accordancewith the 2002 Coachella Valley PM- 10 State Implementation Plan and the South Coast Air Quality Management District (SCAQMD) Rule 403. SCAQMD shall also have the opportunity to review the PM-10 Plan, if it so desires. .._ B. The proposed project will complywith the provision of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. Those requirements shall include but not be limited to: 1. That the plan shall include provisions to treat disturbed surface areas at construction and sites with dust suppressants in sufficient frequencies and quantities to prevent visible emissions from crossing the property line. 2. That the plan must also include one or more fugitive dust control techniques as outline in Chapter 8.50. 3. That no debris shall be washed, blown by wind, or otherwise deposited onto streets or adjacent property and that all erosion control devices are working properly on a continuous basis. 4. That a cash bond shall be posted by the permittee throughout the period of construction time that the project is vulnerable to wind erosion. 5. That is complaints of windblown sand or dust arise the building and safety directorrnayrequire additional dustabatementmeasuresor iir it or halt activitiesuntilsuch time that adequate erosion control has been achieved- C. A plan to control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City Building Official and South Coast Air Quality Management District(SCAQMD), if so desired, for approval prior to the issuance of grading permits. The project-applicant shall provide evidence to the City Building Official that the SCAQMD has approved the fugitive dust plan prior to issuance of grading permits, if so desired. The plant shall specify the fugitive dust control measures to be employed. 38. Any diesel construction equipment with direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard. 39. Construction operations affecting offsite roadways shall be scheduled by implementing III IIIII IIII III III III IIIII I III II IIIIII IIII a eQa 24 of 6 24 0£ 36 j .f traffic hours and shall minimize obstruction of through-traffic lanes. 40. The structures shall be constructed in compliance with the Uniform Building Code (UCB) earthquake design standards. 41.. Prior to the issuance of a grading permit, a grading plan shall be reviewed and.approved by the City that will include measures to contain run off, and fugitive dust. 42. The development shall prepare a Stormwater Pollution Prevention Plan (SWPPP). 43. Payment of Drainage Acreage fees shall be required unless improvements to the mast plan of storm drains is implemented. 44. The development shall comply with the recommended measures as outlined in the Hydrology report including but not limited to construction of a storm drain system, on site retention and detention basins. 45. The developer shall submit landscaping plans for'approval by the City that incorporate walls, berms and landscape materials. 46. Construction shall be limited to the hours provided by the Palm Springs Municipal Code. 47. Home construction shall comply with the applicable code sections of the California Administrative Code and the Uniform Building Code. 48. Prior to-the issuance of a building permit for residenfial construction the developer shall pay a school impact fee based on the current rate as adopted by the Palm Springs Unified School District. 49, The final design of the internal circulation and site access plans shall be subject to the review and approval of the City Engineer to ensure compliance with City access and design standards. 50. The applicant shall dedicate appropriate right of way to accommodate the ultimate improvement of master planned roadways on or adjacent to the project site. fit. Gateway Drive and Eastgate Road shall be improved to City Design Standards on or adjacent to the project site. Adequate off-street parking shall be provided on site to meet the requirements of the,Palm Springs Municipal Code. 52. A fair share contribution shall be'made towards the signalization State Hwy. 111 and Gateway Drive (11.2%). Should the signal be installed at an earlier time by the developer,'the City shall enter into a reimbursement agreement with the develop for remaining share of the signal costs. 153. The developer shall participate in the regional TUMF program. 15.4. Prior to or in conjunction with the issuance of a grading permit the develop shall relocate the Whitewater Mutual transmission line in accordance with the agreement reached with that agency. III II II III I I IIIIII II IIIII I III II IIII II I1 200 2 03 6 25 0£ 3 55. In accordance with Resolution 15189 adopted by the City Council, the develop shall pay the drainage impact fees in effect at the time. 56. The developer shall include.a non-motorized trail within.the project's Highway 111 frontage. This would be in the form of a 12' combination sidewalk and bikeway with a possible equestrian trail to be developed adjacent to the bikeway at a later date. If approved, this condition would supercede Engineering Condition of Approval on North Palm Canyon Drive No. 7. BUILDING 57. Prior to any construction on-site, all appropriate permits must be secured.All Construction shall comply with Title 24 of the California Administrative Code. 56. Outdoor construction activities shall not take place between the house of 7:00 pm and 7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or at any time on Sundays or on a Federal holiday. Time restrictions shall be included in the contractor specifications and shall be verified by the Director of Building and Safety. 59. Proposed structural designs shall comply with provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of.California. Compliance with these criteria will be verified by the Director of Building and Safety prior to the issuance of building permits. I FIRE 60. A. Approved numbers of 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. B. Fire sprinklers must be installed in every residence per the requirements of the Fire Marshall. 6' _ Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department or as per required by the,Fire Department. 62. An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings or as per required by the Fire Department. 63. 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. IIIIII IIIIII IIII IIIIIII(IIII IIIII IIIII III IIIIIII II IIII 11?©�26 o£©Q 6©©fl k , j 64. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. 65. 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. 616: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved,provisions for the turning around of fire apparatus. The City.of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. 67. 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. 68. A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises as per Municipal Code 8.04.260. WASTE DISPOSAL SERVICES 69. The location of the trash enclosures shall be submitted to the waste disposal service for approval. .Notification of the waste disposal service's approval shall be submitted to the Department of Planning and Zoning before a Certificate of Occupancy shall be issued. ENGINEERING The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. PHASES 1 -4 STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Developer shall obtain California Department of Transportation (Caltrans) permits and approval of plans for all improvements proposed and construction performed within State Highway 111 (North Palm Canyon Drive) right-of-way. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Construction shall be coordinated with the Engineering Department relating to City of Palm Springs Resolution 17950- Restricting Street Work IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIII II IIII ©it 2�2©R r 6 800R i on Major and Secondary Thoroughfares. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be submitted to 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. 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 by these conditions. NORTH PALM CANYON DRIVE (STATE HIGHWAY 111) 4. This development is subject to the review of the California Department of Transportation (Caltrans). Actual requirements of this development, including additional right-of-way dedications and/or improvements related to State Highway 111, shall be addressed by the developer to the satisfaction of the Caltrans District 8 Director, or other delegated authority, and the City Engineer. The required improvements for North Palm Canyon Drive (State Highway 111) as listed herein may be modified, deleted or other conditions added as required by Caltrans. All improvements shall be constructed in accordance with Caltrans standard drawings and specifications. 5. Construct an 8 inch curb and gutter, 56 feet north of centerline along the entire frontage., with a 35 feet radius curb return and spandrel at the northwest comer of the intersection of North Palm Canyon Drive and Gateway Drive. 6. Construct a minimum 8 feet wide sidewalk behind the curb along the entire frontage. 7. Construct an access ramp meeting current California State Accessibility standards at the northwest corner of the intersection of North Palm Canyon Drive'and Gateway Drive. 8. Construct an 8 feet wide cross-gutter at the intersection of North Palm Canyon Drive and Gateway Drive, including additional improvements at the northeast corner of the intersection of North Palm Canyon Drive and Gateway Drive, OR otherwise as required to provide adequate surface water drainage of the intersection. 9. In accordance with previous Caltrans requirements listed in their letter of May 16, 1991, unless otherwise modified or waived pursuant to further correspondence from Caltrans, the developer shall construct acceleration/deceleration (auxiliary) lanes 605 feet(each) in length in addition to construction of a 10:1 taper(100 feet minimum length), and required striping. 10, Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal; where required to meet existing and proposed improvements, and as required by IIIIII 2003-93579 IIIIII IN 11111111111111111111111111111111111111 a zs of been � " ram_„ �_. • , t Caltrans. GATEWAY DRIVE 11. Construct 6 inch curb,and gutter, 20'feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. , '12. Construct an 8 feet wide sidewalk behind curb from North Palm Canyon Drive to the Mountain Gate entry, and a 5 feet wide sidewalk from the Mountain Gate Entry to Pamela Drive, in accordance with City of Palm Springs Standard Drawing No. 210. 13, Construct 25 feet radius curb returns, spandrels and a 6 feet wide cross-gutter at the intersection of Gateway Drive with the Mountain Gate entry, together with Type A access ramps on either side of the entry, in accordance with City of Palm Springs Standard Drawing No. 200, 206, and 212.. 14. Unless otherwise specifically waived by Sunline Transit Agency, construct a 160 feet long by 12 feet wide bus turn-out along the frontage in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional requirements, including furnishing and installing bus stop furniture and/or shelter may be required; contact Sunline Transit Agency for further details. if waived by Sunline Transit Agency, appropriate right-of-way shall be reserved for construction of a future bus turn-out or bust stop, as required by Sunline Transit Agency. 15. 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 clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PAMELA DRIVE, VIDEO ROAD, LAWRENCE CIRCLE, HOWARD CIRCLE, ALBERTO CIRCLE, AND.JIMINEZ CIRCLE 16 Protect tie exlstiria irnGrovements in place and �l laKe appropriate imprnvemenis at the north ends of each street to the satisfaction of the City Engineer, such that proposed improvements cleanly match existing improvements. Final plan details shall be approved by the Planning Commission. EAST GATE ROAD Tt- Dedicate a full-width right-of-way of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with Tramview Road, together with property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. 113. Construct 6 inch curb and gutter 20 feet both sides of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. IIIIII IIIIII IIII IIIIIII IIII IIIII IIII III IIIIIII II IIII 11?6�29 of936©0fl r f i � 191. Construct a minimum 5 feet wide sidewalk behind curb along both sides of the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. 20. Construct a Type A access ramp meeting current California State Accessibility standards at the southeast corner of the intersection of East Gate Road and Tramview Road, and on the south side of the intersection with Alterra, in accordance with City of Palm Springs Standard Drawing No. 212. 21. 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 curb to edge of curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 22.. Make appropriate improvements at the south end of East Gate Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. TRAMVIEW ROAD 2!3. Dedicate full-width right-of-way of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with East Gate Road, together with a property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. The right-of-way shall follow the alignment of the modified street'knuckle" at the intersection' of Tramview Road and East Gate Road, in a manner acceptable to the City Engineer. 2'.4. Construct a modified street"knuckle" at the.intersection of Tramview Road and East Gate Road, to the satisfaction of the City Engineer. The curb alignment shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 25. Construct a 6 inch curb 20 feet north of centerline along the entire frontage, and throughout the modified street"knuckle", in accordance with City of Palm Springs Standard Drawing No. 200. 26. Construct a minimum 28 feet wide driveway approach at the intersection of Tramview Road and Alterra (private street), in accordance with City bf Palm Springs Standard Drawing No. 205. 27. Remove the existing curb, gutter, sidewalk and asphalt concrete pavement throughout the cul-de-sac at the end of Tramview Road, and construct 6 inch curb and gutter 20 feet south of centerline, together with a 5 feet wide sidewalk behind curb, to create a new curb alignment at 20 feet south of centerline to be consistent with proposed improvements westerly of the end of the existing right-of-way. Additional improvements adjacent to those properties identified as APN 669-381-001 and 669-381-002 (597 and 581 W. Tramview Road) including, but not limited to, extension of existing driveways and extension of existing front yard landscaping out to the edge of the new sidewalk shall be installed to the satisfaction of the Director of Planning and Zoning and the City Engineer. 1111111111111 II� II II 11 26�3 03598909E 39 3f 36 28. Make appropriate improvements at the west end of Tramview Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. 29. The Engineering Department shall initiate a right-of-way vacation for the subject portion at the current westerly end, following completion of required-removals and construction as required herein. ON-SITE(PRIVATE)STREETS :30. Dedicate an easement 37 feet wide extending from back of curb to back of curb to the City of Palm Springs for sewer purposes with right of ingress and egress over the private streets. <31. Dedicate an easement 57 feet wide for public utility purposes extending from 10 feet behind back of curb with right of ingress and egress over the private streets. 32. 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 50 foot setback measured from the face of curb to the gate access control mechanism. B. Provide a turnaround after the mechanism for vehicles.unable to enter the project C. Security gates shall provide a minimum of 20 feet clear width in each direction. 33. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along all on-site (private)street frontages, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206, 3'4. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line parallel with and 1 US feet from the centerline of the intersecting street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 35. The following traffic calming devices shall be incorporated into the on-site streets: Narrowed pavement'cho kers' shall be provided approximately mid-block on all on-site streets, as approved by the City Engineer. Chokers shall be designed with a transition using 25 feet reverse curves and a 50 to 100 feet long,24 feet wide (12 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. 36. Construct a minimum pavement section of 2-112 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, throughout all on-site streets. The pavement section shall be designed, using IIIIII HIM 111111111111111111111 II IIIIII 11111111 I126021 of 3P A T"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 37. Dedicate an easement 20 feet wide.to the City of Palm Springs for sewer.purposes across Lot D and Lot P. :38,. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 39. Extend the existing 8 inch sewer main within East Gate Road, and construct an 8 inch sewer within all on-site streets, and connect new sewer mains to the existing sewer mains within Video Road, Jiminez Circle, and East Gate Road. 40. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be submitted to the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: I A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimburseme these conditions. nt agreements, etc. required by 41. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the sewer system by the City of Palm Springs. GRADING i 42. 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 43. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. The Grading plan shall be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved'by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. I IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIII.III IIII 11/c6,'2©2&8.@nR Y • I G 1 f C. Copy of Tentative Map stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. Copy of Soils Report. F. Copy of Hydrology Study/Report. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491)to the City Engineer prior to issuance of the grading permit. 44. Obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 45. 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. 46. 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. 47. A soils report prepared by a licensed Geotechnical 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. 48. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 49. ; 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 50. Dedicate an easement 41 feet wide to the City of Palm Springs for drainage purposes extending across the entire west side of the project, for future use by the Riverside County Flood Control and Water Conservation District(RCFC)for Line 2 of the City of Palm Springs Master Drainage Plan. Retention/detention basins within the drainage easement may be used on an interim basis for management of off-site stormwater IIIIII IIIIII IIII IIIIIII IIIII'lllll IIIII III'IIIII IIII IIII 1 ves©z oz es3een L runoff, provided that the entire drainage easement is landscaped in a manner acceptable to the Director of Planning and Zoning. Provisions for maintenance of landscaping installed within the drainage easement shall be included in Codes, Covenants and Restrictions and shall be the responsibility of a Homeowners Association (HOA) or Lighting and Landscaping Assessment District created for this development. -Landscaping shall be shown on final landscape plan per Pla No: 3. nning Condition of Approval Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Study for Mountain Gate, 'Tentative Tract Map No. 30963, prepared by Tory R. Walker Engineering, Inc., dated October 28, 2002. The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for Tentative Tract Map 30963, as approved by the City Engineer. The preliminary Hydrology Report for Tentative Tract Map 30963 shall be amended to include catch basin sizing, storm drain pipe sizing, and retentionldetention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 52. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 53. 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 in accordance with City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 54. All existing utility lines that are less than 35 kV on or adjacent to this project shall be relocated underground. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the Involved utili y company(s)that the required deposit to underground the facil'ity(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a certificate of occupancy. An exception would be required for the Easterly property boundary in which the distribution lines shall be underground and the overhead services to adjacent existing properties would remain from the pole to the house. 5:5. All proposed utility lines shall be installed underground. — 56). All existing utilities shall be shown on the grading/street plans. The existing arid proposed service laterals shall be shown from the main line to the property line. 57. The original grading, street, storm drainage, and other improvement plans approved by the City Engineer shall be documented with record drawing"as-built" information and returned to the Engineering Department prior to issuance of the certificate of occupancy. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11 z23-9799 e?ea No 000 t Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. :58. Contract Whitewater Mutual Water Company to determine impacts to any existing water . lines and other facilities that may be located within the project. Make appropriate .arrangements to protect in place or relocate any existing Whitewater.Nlutual.Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Department prior to issuance of a certificate of occupancy. 59. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 60. 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 61. 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. 62.-. The'Tentative Tract Map may be phased into multiple final maps. A Final Map for each phase shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. A Final Map for each phase shall be approved by the City Council prior to issuance of building permits within that phase. 63. Building permits may be issued for lots to be created from a Final Map for the first phase, prior to City Council approval of a Final Map of the first phase, provided that a Land Use Permit or other separate approval of the City relating to construction of a model complex within the first phase is granted by the City. TRAFFIC 64. 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 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 North Palm Canyon Drive (State Highway 111), Gateway Drive, East Gate Road, and Tramview Road frontages of the subject property. 65. Install street name signs at each intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 66. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be I IIIIII IIIIII IIII IIIIIII IIIII IIIII IIOII III IIIII IIII IIII 11�°°2 02 083©0F � I installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at the following locations: Mountain Gate at Gateway Drive exit 67. Pay to the City of Palm Springs the fairshare contribution toward the construction of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection. The fair share contribution has been determined as 11.2% based on the Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$16,800.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. If installation of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection is requested by the developer in conjunction with the construction of this project, the developer shall be responsible for the design and _. installation of the traffic'signal, pursuant to City and Caltrans approvals and permits. A traffic signal plan shall be submitted concurrently to the City.and Caltrans for review and approval. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of a maximum of 88.8% of the cost of the traffic signal construction, and shall receive reimbursement as adjacent properties develop and post payment for their fair share contribution towards its installation. 68. Pay to the City of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Indian Canyon Drive and Las Vegas Road intersection. The fair share contribution has been determined as 8.2% based on the Traffic Impact,Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$12,300.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. 69. 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. 70. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII it 2G,200 08 O&R 'Pond Number It SU 5003485 Premium 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 Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 3 , 2003, and identified as Tract Map No 30963, 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, rnaterialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million Three Hundred Fifty- 'III Thousand Five Hundred and 00/100 dollars ($1,356.500 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. Page 1 of 2 Labor and Materials Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on _October 01 , 2003. PRINCIPAL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company BY: Car„tury Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: Century Homes Communities, a California Corporation, General Partner By: V Vto L hn W. Pavelak, President SURE By: Arch Insurance Company B Y: (Surety Name) Attorne n-Fact Thomas Tyrell (All Signatures Shall Be Notarized) Page 2 of 2 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 Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as,binding upon the said Company as fully.and amply to,all intents and purposes, as if the same heal'.bee6 dilly executed and acknowledged by its regularly elected;officers at its pdricipal'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 witFi'the Seere'tary, or the Secretary shalfhave the power and 'authority to'appoint agents and attorneys-in-fact, and to authadze them'to execute on„behalf of the Company, and attach the seal of the Company thereto, bond's and undertakings, I'ecognizances, 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. 00ML.0013 00 03 03 Page t of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California It County of Los ,Antg6eS r ss. On f0102 f20L' beforeme, 1 i Jar M-+16gT, r�� Ictr�� �Llb lrG nafe Name and Title of OlLcer(e g "Jane Doe,Nolary Publ,c'") personally appeared Thomas Tyrell Names)of Slgnerys) ' fY7 personally known to me ❑ proved to me on the basis of satisfactory evidence PILAR M. GEN Commission 11 55879 1\ to be the personK whose name.(51 ism =` Notary Public-CaliforniaZ subscribed to the within instrument and Z� LOSAngel"- Counrr ty acknowledged to me that he/sJa6/ executed R7yCwm Erpir'�,3 Fi9m;,,q a,ticz„ the same in his/ rQlxLir authorized capacity), and that by his/Iaer/t�iBir signature(df on the instrument the person(•, or the entity upon behalf of which the person(6) v acted, executed the instrument, I j WITNESS my hand and official seal. r' OAK ri,mdem of Nolary Pala, OPTIONAL i 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: J i Document Date: Number of Pages: I l Signer(s)Other Than Named Above: I Capacity(ies) Claimed by Signer ( Signer's Name: ( ❑ Individual Top of humb here ❑ Corporate Off!car—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact S ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,01999 Nellonal Nolary Assoma1em-9350 De Solo Ave,PO Box 2402•Cbalsworlh,CA 91313-2402•wvmv.naLonalnolaryolg Pmd Na 5907 Reader.Call Toll Free 1-800 876 6827 ALL-PURPOSE ACKNOWLEDGMENT State of. California ) CAPACITY CLAIMED BY SIGNER ss. County of San Bernardino ❑ INDIVIDUAL(S) ,i;;�EORPORATE President On October 3, 2003 before me, Doris A. Benoit, Notary Public OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared John W. Pavelak, President ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) %personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ prevzaa�,P `""""` "" - to be the ersons El GUARDIAN/CONSERVATOR p (ej�whose name(4 ❑ OTHER is ubscribed to the within instrument and acknowledged to me that�eLskeAbey executed the same u i SpierfEkeir authorized capacity(ie), and that by 's/ 'r signature(s}on the instrument the person( or the entity upon behalf of which the persons(*acted,executed the instrument. SIGNER IS REPRESENTING: :M�� hand and of i i i sea . DORIS A,BENOIT Mountain Gate Palm Springs Venture LLC Commission#1310451 Notary Public-Califomia By: Century Crowell Communities, L San Bernardino County � By: Century Homes Communities A Signature of Notary My Comm.E)nires Jun 24,2005fa California Corporation 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 Subdivision Bond MUST BE ATTACHED TO THE DOCUMENT Number of Pages 2 DATE of DOCUMENT October 1, 2003 g DESCIU13FD AT RIGHT: Signer(s) Other Than Named Above Ond Number: SU 5003485 Premium (Two Years) : $4,069.50 CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 3, , 2003, and identified as Tract Map No 30963, 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 Four Hundred Six Thousand Nine Hundred Fifty and 00/100 dollars ($406.950 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 .Tell and truly to be made, we b,nd ourselves, our hers, 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 Page 1 of 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 October of 2003. PRINCIPAL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By: Gehtu'ry Crowell Communities, LP, a California Limited Partnership, its Development Managemenf Company; By:iRlT ntury Homes Communities, a California Corporation, General Partner By A John W. Pavelak, President SUY By. Arch Insurance Company By: ,r _ (Surety Name) Attor -in-Fact Thomas Tyrell (All Signatures Shall Be Notarized) Page 2 of 2 POWER OF ATTORNEY Know,All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyre[[ of Pico Rivera, CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected„officers at its prinaipal'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, recognizences, 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. 00ML00/3 00 03 03 Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Lo-5 AngQ.l-PS ss. J l On 101D2-�2o�3 beforemejkl[ar M Hagen I�cl PubItL Date Neme antlillle oto mer(e B."acne Doe,Nolary Public'") ' per appeared ThoYYIAS Tyr2l( Name(sJ of Slgner(sj `personally known to me ❑ proved to me on the basis of satisfactory evidence s � , PILARM.HAGEN i, to be the persor)kO whose name(4 is/ape ( E 0""' Commission fr 1355879 . z subscribed to the within instrument and ' „s,,> 4, Notary Public-California tk,;., ;,,,, acknowledged to me that he/ /(qey executed wrR Los Angeles County the same in his/wr/t r authorized k - 9, ^�f3/t�emm.E.;aires May 9,Zf:r„'tr. capacity(A, and that by his/Xr/i signature(<on the instrument the person(ol or the entity upon behalf of which the person( acted, executed the instrument. (� WITNESS my hand and official seal. S s gnalure or Notary Public Ij 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top or thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Nolary Assoclalcn•9350 be Soto Ave.,P0Box 2402•Cholsviotlb,CA 91313-2402•www naLonalnotary org Pmtl No,5907 VRobot.,Call Tal Free 1-900P676 6827 ALL-PURPOSE ACKNOWLEDGMENT State of California ) CAPACITY CLAIMED BY SIGNER ss. Counlyof San Bernardino ❑ INDIVIDUAL(S) b CORPORATE President On October 3, 2003 before me, Doris A. Benoit, Notary Public OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared John W. Pavelak, President ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) $"personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ 1 'a «" '"� "" `�`hasi° f ' f ' --"---- to be the persons(%]whose name(s) ❑ OTHER Cis subscribed to the within instrument and acknowledged to me tha e/ executed the same in is authorized capacity(ies), and that by ti Ifffthm signature(4e3 on the instrument the person(s}or the entity upon behalf of which the persons(a3 acted,executed the instrument. SIGNER IS REPRESENTING: Witt a hand and F+pial seal DORIS A.UENOIT Mountain Gate Palm Springs Venture LLC p Commission#13 1D451 By: Century Crowell Communities, L i Notary Public-California By: Century Homes Communities A Signature of Notary San BerardinoOounty California Corporation My Comm.Expires Am 24,2OD5 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 Subdivision Bond MUST BE ATTACHED TO THE DOCUMENT Number of Pages 2 DATE of DOCUMENT October 1, 2003 DESCRIBED AT RIGHT: Si ner(s) Other Than Named Above �Q pALM Spey City of Palm Springs .N Office of the City Clerk (760) 323-8204 L)FOR Date: December 29, 2003 To: David Barakian - Engineering From: City Clerk RE: Mountain Gate PS Ventures LLC - A4797 Attached are three copies of A4797 Subdivision between Mountain Gate Palm Springs Ventures LLC and the City of Palm Springs, approved by City Council on November 5, 2003 by R20774. Please handle the necessary distribution. An original has been retained for the City's records. DENISE GWALDIS Deputy City Clerk Attached %pF �hx p�ti City of Palm Springs ` * , Department of Public Works and Engineering f 1Co A � R•oepieo'9 3200 E.Tahgmtz Canyon Way • Palm Springs, California 92262 FOR ��,/ Tel: (760)323-8253 ' Fax. (760)322-8360 • Web: wwwa.palm-springs ca us MEMORANDUM DATE: November 10, 2003 To: Trisha Sanders, City Clerk FROM: Marcus Fuller, Senior Civil Engineer :SUBJECT: Tract Map 30963 Trisha: Attached are four originals of the following documents, related to Final Map 30963 approved by City Council at its November 5, 2003, meeting: • Subdivision Improvement Agreement • Performance Bond • Labor/Material Bond • Warranty/Maintenance Bond • Monumentation Bond If you have any questions, please feel free to contact me at ext. 8744. Post Office Box 2743 0 Palm Springs, California 92263-2743 CONTRACT ABSTRACT Contract Company Name: Mountain Gate Palm Springs Ventures, LLC Company Contact: John W. Pavelak Summary of Services: Subdivision Improvement Agreement Contract Price: N/A Funding Source: N/A Contract Term: 2 years L Contract Administration Lead Department: Public Works & Engineering Contract Administrator: Marcus Fuller Contract Approvals Council/ Agency Approval Date: November 5, 2003 Minute Order/Resolution Number: 20774 Agreement Number: 4797 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Marcus Fuller Submitted on: November 10, 2003 By: Marcus Fuller City all of Subdivider's interest in funds on deposit in one or more bank accounts with Financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten(10)days afterwritten 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 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. iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII lire©01 eof 6e©H 7 Q PALM S fu City of Palm Springs Office of the City Clerk f'ONATEO 3200 Tahquitz Canyon Way• Palm Springs,California 92262 Cq(�FO P'VO' TEI:(760)323-8204 •TDD:(760)864-9527 July 14, 2005 John W. Pavelak, President Mountain Gate Palm Springs Ventures, LLC 1535 South "Do Street San Bernardino, CA 92408 Re: Tract Map 30963 (Palm Springs A4797) Dear Mr. Pavelak: The obligations of the subdivision improvement agreement between the City of Palm Springs and Mountain Gate Palm Springs Ventures, LLC relating to Tract Map 30963 has been satisfied; therefore, the following is being released and returned: 1. Faithful Performance Bond No. SU5003485 in the amount of$2,713,000.00; and 2. Monumentation Bond No. SU5003485 in the amount of$13,500.00. Rease feel free to call our office if there are any questions, (760) 323-8204. Sincerely, �•�cu�41' Kathie Hart, CMC Chief Deputy City Clerk /kdh Encl. Faithful Performance Bond Documentation Bond c: Marcus Fuller, P.E., P.L.S. Asst. City Engineer(w/ Encl.) Carol Templeton Engineering Associate PW-EngineeringlRelease of Bonds-Itr Mt Gate II-2.doc Post Office Box 2743 9 Palm Springs, California 92263-2743 �•j C1t of Palm Springs ` . y 1� { Department of Public Works and Engineering 3200 E Tahquitz Canyon Way Pahn Springs, California 92262 i Tel: (760)323-8253 Fax (760) 322-8360 Web: wwwci.palm-springs.ca us July 7, 2005 na —i Arch Insurance Company 135 N. Los Robles, Suite 825 Pasadena, CA 91101 z Attn: Surety Department Re: TM30963, Mountain Gate Final Phase �).. n -n ca =_ Please considerthis letter as the City of Palm Springs' notice that the obligations of the subdivision improvement agreement between the City of Palm Springs and Mountain Gate Palm Springs Ventures, LLC, related to Tract Map 30963, have been satisfied The following subdivision securities required by the agreement may now be released: Tract Map 30963: Faithful Performance Bond, Bond No. SU 5003485; $2,713,000.00 Tract Map 30963: Monumentation Bond; Bond No. SU 5003486; $13,500.00 The subdivision improvements for this development were accepted by the City on April 25, 2005. Therefore, the bond for maintenance and warranty of improvements (included as part of the Faithful Performance Bond No. SU 5003485) shall be held in full force and effect for one year until April 25, 2006, at which time it may be released unless otherwise notified by the City of Palm Springs. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, � Carol Templeton Engineering Associate cc. Doris Benoit,Century Vintage Homes-via facsimile:(909)383-9068,Hallmark&Associates,Attention Tom Tyrell,8337Telegmph Rd,Ste200, Pico Rivera, CA 90660,James Thompson,City Clerk:TM30962 file Post Office Box 2743 • Palm Springs, California 92263-2743 Number: SU 5003485 Premium (Two Years) :$27,130.00 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 3 2003, and identified as Tract Map No 30963, 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 Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City") as the penal sum of Two Million Seven Hundred Thirteen Thousand and 00/100 dollars (Q1 3.000.00) 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. Page 1 of 2 4 r'' Faithful Performance Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and $utety above named, on October 01 2003. PRINCOAL� ` Iblouhtain Gate Ventures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development ManageM6nt Company; By: Century Homes Communities, a California Corporation, General Partner By: VV . n W. Pave la , President SURE By: Arch Insurance company By: (Surety Name) Attorn -in-Fact Thomas Tyrell (Ali Signatures Shall Be Notarized) Page 2 of 2 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Lyle L. Sandlin, Christopher I, Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Atforney(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 anytime. The execution of such bonds and undertakings in pursuance of these presents shall be as,binding upon the said Company asfully.-and amply to.all intents and purposes, as if the same ha&beerr duly,executed and acknowledged by its regularly elected=officers at its prindipal'offic'e 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"" Secretary, or'the Secretary shalfhave the power and"authority to appoint agents and attomeyg-in-fact, a oie' tn authorize them o 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 certificafions by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. i' i, y' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ls AY94e IPS ss. On ID/p2 1200 before me, 1"f lar M. -1-I4aW, Nlo+(4.-y "P, 61tr Nale Name anE llpe of ptpcer(e.0,"Jane Noe,Nolary Publm") personally appeared �yYel� Names of Blgner(s) ' X personally known to me ❑ proved to me on the basis of satisfactory evidence - ..S�:u•"ice.^L"'L.n�14'J�-2ei'.ai[AGv�'Iwl.i.t+113edaf.:_li+::.,,..:�¢i\/ .., PILAP M RACetd 3 s be the person whose name s/ x=� Commission#933,'"i679 � I+•? i subscribed to thr1within instrument and )�;yi � No Public-Calii'nmia r bra Loa Angeles county acknowledged to me that h%she/Shay executed Comm.E tt .„ 9 :a ra the same in his/ r/tt>etrr authorized y capacity(j4), and that by his/fief/their signature(Won the instrument the personA, or the entity upon behalf of which the persorj4< acted, executed the instrument. WITNESS my hand and official seal. Signature of Nolary Publm OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on file document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date, Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Tap of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited El General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Nolary Assomo0on•9360 De Solo Ave,RD.Box 2402-nooswodh,CA 91313-2402•vnvw oaliooalnolary.org Pmtl Nc.5907 Reorder Call Toll-Fine 1.600-076- 6627 ' ALL-PURPOSE ACKNOWLEDGMENT State of Cal i forni a ) CAPACITY CLAIMED BY SIGNER ss. County of San Bernardino ❑ INDMDUAL(S) On October 3, 2003 before me, Doris A. Benoit, Notary Public �r ORPORATE PresidentOFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared John W. Pavelak President ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT iersonally known to me-OR- El TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ to be the persons(s)-whose name(s) ❑ OTHER is lbscribed to the within instrument and acknowledged to me that t&_Om rey executed the same in trs it authorized capaeity(iss); and that by liis erkkgir signatures)on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: Wim Lhandandofficialseal. DORiSA.BENOIT Mountain Gate Palm Springs Venture LLC Commission 9 131 D451 a z By: Century Crowell Communities, L Notary Bernardino CaliforniaContBy: Century Homes Communities A Signature of Notary • San Bernardino County My Comm.Expinas Jun 24,2005 California Corporation 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 Subdivision Bond MUST BE ATTACHED TO THE DOCUMENT Number of Pages 2 DATE of DOCUMENT October 1, 2003 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 1 Bond Number: SU 500348.6 Premium (Two Years) : $135. 00 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated October 3 , 2003, and identified as Tract Mao No. 30963, 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 Thirteen Thousand Five Hundred and 00/100 DOLLARS ($13.500.00), Ilawful money of the United States,for materials furnished or laborthereon 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,forthe payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with 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. Page 1 of 2 Monumentation Bond As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition fio 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 _,,,,,., h.,-e, , 2003. PRIf;(&AL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By`. Century- Crowell Communities, LP, a California Limited Partnership, its Development Managembrit Company; By: Century Homes Communitiesa California Corporation, General Partner By: V V ohn W. Pavela , resident SURE B,✓, Arch Insurance Company ✓� By: (Surety Name) Attorney-' act Thomas Tyrell (All Signatures Shall Be Notarized) Page 2 of 2 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment: or collection of any promissory note, check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set,forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as;binding upon the said Company as"fully-end amply to allintents and purposes, as if the same had bberr duly executed and acknowledged by its regularly elected'officers at its prindipahaffice 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, Thai the Chairman of the Board; the'President, or any Vice President, or their appointees designated in writing and filed witN'the Secretary, or'{he 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. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of5 "� ss. On 10)02 2,09 before me,Pdar M' C1QQQ4t NDrA✓V �vtJJitG, ( Oale Nand ll0e f er(e.g,"Jane Doe,Nolary ubllc") personally appeared I Y41rftAS y{,ell 1 Name(s)of Signals) ' Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence L to be the erson I PlLRNPA.HAGEN p (,aj' whose name(sf is/ire Commission#1355879 subscribed to the within instrument and Notary Public-Califomis acknowledged to me that he/al4t,4ay executed Los Angeles County the same in his/b4r/tpelr authorized OW Confun.Upill Way 9,200 ccapacity(ie';), and that by his/hgf/tlzeYr signatul on the instrument the person(, or the entity upon behalf of which the person(a') acted, executed the instrument. WIT ESS my hand and official seal. 1A. 4a RIB o lore of Notary Rjbfid 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: Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Natmnal Notary Aesociabon•9350 De Soto Ave,PO Box 2402•Chatsworth,CA 91313-2402•wwm natronalnotary erg Prod No 5907 Reorder.Call Tdf+f 1-000-676-6027 bid— i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SANBERNARDINO ) i On this 3`d day of October 2003, before me, Doris A. Benoit Notary Public, personally appeared John W. Pavelak, President personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 1 WIT NF S my and andofficial seal. Signature of Notary Public [his eren for official Na[arael Soe,1 ,�1 1 yy tll DORISASENorr Commission1310451 z Notary Public-cafifomia San Rernardfno courtly My Comm.Exai2s Jnm 24,2005 Ff6 Bond for Faithful Performance, Labor, and Materials for Setting of Monuments ;I I E i r� w � Y pALy SAS City of Palm Springs 1 ry N Office of the City Clerk (760) 323-8204 DIADAAi4D c MEMORANDUM 4L!FQRN�' Date: December 29, 2003 To: David Barakian - Engineering From: City Clerk RE: Mountain Gate PS Ventures LLC - A4797 Attached are three copies of A4797 Subdivision between Mountain Gate Palm Springs Ventures LLC and the City of Palm Springs, approved by City Council on November 5, 2003 by R20774. Please handle the necessary distribution. An original has been retained for the City's records. DENISE GWALDIS Deputy City Clerk Attached City of Palm Springs III, _.J� �✓ Department g of Public Works and Engineering v0 l p� 1�� 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 M �Oi�iCORR �" FrY Tel: (760)323-8253 • Fax. (760) 322-8360 • Web:www.ci.palm-springs.ca.us MEMORANDUM DATE: November 10, 2003 To: Trisha Sanders, City Clerk FROM: Marcus Fuller, Senior Civil Engineer SUBJECT: Tract Map 30963 Trisha: Attached are four originals of the following documents, related to Final Map 30963 approved by City Council at its November 5, 2003, meeting: Subdivision Improvement Agreement • Performance Bond Labor/Material Bond Warranty/Maintenance Bond Monumentation Bond If you have any questions, please feel free to contact me at ext. 8744. Post Office Box 2743 • Palm Springs, California 92263-2743 CONTRACT ABSTRACT Contract Company Name: Mountain Gate Palm Springs Ventures, LLC Company Contact: John W. Pavelak Summary of Services: Subdivision Improvement Agreement Contract Price: N/A Funding Source: N/A Contract Term: 2 years Contract Administration Lead Department: Public Works & Engineering Contract Administrator: Marcus Fuller Contract Approvals Council/ Agency Approval Date: November 5, 2003 Minute Order/Resolution Number: 20774 Agreement Number: 4797 Contract Com fiance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Marcus Fuller Submitted on: November 10, 2003 By: Marcus Fuller OOC N 2003-935799 11/28/2003 08:OOA Fee:NC PLEASE COMPLETE THIS INFORMATION Page 1 of Recorded in Official Records RECORDING REQUESTED BY: County of Riverside Gary L. Orso Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: II II I I I I II II I I IIII II II II II III PJG'7f,0[�i�3 70: 0 M 5 U PAGE SRE GA PC N m wr "Sc. CAP(OF 6P-e U-, GO 2"'411 P� d l �I3lil l;'i��o°.,A SPACE ABOVE FOR RECOP Mountain Gate PS Ventures Subdivision Improvement AGREEMENT #4797 r, 1, R20774, 11-5-03 SUBDIVISION IMPROVEMENT AGREEMENT, MOUNTAIN GATE PALM SPRINGS Title of Document VENTURES, LLC, A4797 /HIS R I/ F �� R El', 0 R�DJ E USSE,' ONL----,Y THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STC-SCSD 8 (Rev W97) SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and MOUNTAIN GATE PALM SPRINGS VENTURES, LLC A DELAWARE LIMITED LIABILITY COMPANY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ii2tP2�'�e�eie�r+ TABLE OF CONTENTS 1.Construction Obligations........................................................... 1 1.1 Works of Improvement........................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval......................................... 2 1.3 Intent of Plans........................................................ 2 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................................. 2 1.6 Changes in the Work.............................................. 2 1.7 Defective Work....................................................... 2 1.8 No Warranty by City............................................... 3 1.9 Authority of the City Engineer................................ 3 1.10 Documents Available at the Site............................ 3 1.11 Inspection............................................................... 3 1.12 Compliance with Law............................................. 3 1.13 Suspension of Work............................................... 3 s 1.14 Final Acceptance of Works of Improvement........... 3 m S.• 4' 2. Time for Performance....................................................... 4 `JJ 2.1 Commencement and Completion Dates................. 4 2.2 Phasing Requirements............................................ 4 2.3 Force Majeure......................................................... 4 2.4 Continuous Work.................................................... 4 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 5.2 Payment to City for Cost of Related Inspection i 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 III III III IIII IIIIIII IIIII II I II II II II I II III 11.E.4 d£09 35�i�3FJ R ii r At SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this srd day of October , 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 30963 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, bythe Map, has offered fordedication an easement for public utility purposes as shown as "10' PUE" along and adjacent to all private streets; easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots"A"through "G", inclusive; and an easement for public use for public utility purposes over Lots "H" through "J", inclusive. City desires to accept the various public dedications as shown on the m4 final map, and certain other improvements described in this Agreement. r m� m©o C. Subdivider has delivered to City and City has approved plans and v 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 C 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 forthe Property and permitting development of the Propertyto proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1 .1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the"Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $2,713,000.00. 1 IL 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "A" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing u7 m w and approved by the City Engineer. The Plans shall be supplemented by such working or 2 shop drawings as are necessary to adequately control the work. Withoutthe 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. TOM 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 Suhdivider'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. 2 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation-or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. s 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 Mm° its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. N Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or notthe Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any 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. 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 3 r � 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. s 2. Time for Performance. z 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, r 8 I Subdivider shall (i) commence with construction and installation of the Works of 4m Improvement thirty (30) days following City's approval of the Plans ("Commencement U� 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. 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 —C 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 Majeure. Notwithstanding the provisions of Section 2J, Subdividers 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. 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 4 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 Acreaae. 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 s of its obligations under this Agreement, ©0 3. Labor. m ti 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) or other security acceptable to City in its sole and absolute discretion and satisfying the 5 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 $2,713.000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (H) 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 $1356,500.00 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 $13.500.00 equal to 100% of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments mew are supplied to and approved by City in accordance herewith. rrymo (b) Required Security Instrument for Maintenance and Warranty. Prior to the City J 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$406,950.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to 6 ,r 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 Subdividers 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 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. 11 II II 1111 III III 1 II 1 II II II III I1,s�11 f 600f i 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. ©w (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. U� 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate Citv 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 back-fill 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 s equitable remedy to which it may by entitled. M 0, 0i 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it ti L 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 Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. 11111111 HIM III IN 14 of68 Eoof, 10 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: ATE 6 CITY OF PALM SPRINGS, CALIFORNIA Patricia n ers, City Clerk David Ready, i y ager SUBDIVIDER: t`,^,ountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (Check One: .---individual, ?5 partnership, _corporation) By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company By: Century Homes Communities, a California Corporation, General Partner By: V, , U John W. Pavelak, President Mailing Address: , - �' 1535 South "D" Street San Bernardino, CA92408 �:u9)38 I-60u/ (909)381-0041 (Fax) Recommend by: David J. Barakian Director of Public Works/City Engineer r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII ii 2qq 15 26 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f RI State of California ss. 3 I County of 5\ 1, v 1. �r °ti, h lFI On �Jl�• , IJC� �Ui , t 1 )Y �� before � �. c.�te l5 Vofilto� j (7w}1 L H t)I Dale Name and Title o1 onoer(a,,"Jurroboa,Al Pwl,o^i� I )I 1,11 l �`� n 1 � - L personally appeared b >c,7_ "a1 t �` 4A'�C� il. A. e'" d f)�1 I- , C_, cr . �]tz r,4 f'd-,- �> (� Neme(s)ol Signer (a) h FGY personally known to me 0.prsve�e-eR-4he--b�f-satisfactory 01 eviderl to be the persons whose named) d3/aret w os :_... subscribed to the within instrument na d �?I JUDITH A.NICHOLS acknowledged to me that helsh /h`l t executed �3 (� = , : In the same in Ibislh&�e r- authorized Ql <� f Notary Public-California rn r RIVERSIDE COUNTY a capacityQies; and that by --hislheei tad ' c1l sl nature p jl c.(c is on the instrument the person s} or �" My Comm Exp.May 21,2004 g ,hl �,.,; the entity upon behalf of which the person' acted, executed the instrument. (j al WITNESS my hand and official seal �)t ., 9,gnaWre ofNolary Pabho ,4 4� OPTIONAL OI Q^y Though the Information below Is not required by law,it may prove valuable to persons relying on the document and could prevent 1�1I s fraudulent removal and reattachment of this form to another document. )] e •.`>. ado 6�r` �I Description of Attached Document d7 u'v;•�`fia t a; l��;t�'� J( Title or Type of Document: i� :y V v I :a D r% 1 �{�({ g,��/°E_,i4 {t�L"� rV ° l(2� ti ,r ( L_'IE 0 0 Document Date: ��cy,� Cl G 7 Number of Pages. p g / �l I V l N 6 �i� 1 o i',-i i'.� lr!/I��� I )1 tit Si nen s)Other Than Named Above: y r1 1V v . .0 ,: U cC �- �� �l�w•v,.S Capacity(ies) Claimed by Signer 4� ;4 .' Signer's Name: �,7,U i�, 1�, �h iY ll l;t �J^ti�, ��� �`l 0 � Individualonnamb Here Corporate Off icer—Title(s): 1� 1/ l�� ,P III cit Ci P y' ❑ Partner—❑ Limited ❑General 't5 ❑ Attorney-in-Fact ❑ Trustee ' - ( ❑ Guardian or Conservator tgj `4 ❑ Other: Signer Is Representing: <A,.��.f..��" �C.C:;� -w..✓J"`io .✓.�.�e✓�. :' >_v v"�4� ✓..�..J. (T.`w"i..,ty;i",U_ V- lll> 91999 National Nolary Assoc al,on•9350 De Bolo Ave,P 0 ant,2402•Chateeorlh,CA 913132402•wave odralic n.v,a,, Fred Ne 5907 Gorier Call TOIFFrea 1-8008766827 III II II I II I IIII IIIII I I II I 111111111 IN a 0s 69 5©33©ery ALL-PURPOSE ACKNOWLEDGMENT State of Cal ifornia ) CAPACITY CLAIMED BY SIGNER ss. County of San Bernardino ) ❑ INDIVIDUALS) ,�5yCORPORATE President On 10/3/03 before me, Doris A. Benoit, Notary Public OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared John W. Pavelak, President ❑ PARTNERS) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) $personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ preyed:lsaure- ..,=..�.,,�q„q , Yi,fS a rg�n,_.y yidenaewto be,the persons(s) whose nannei ❑ OTHER is/erie subscribed to the within instrument and acknowledged to me thati(shrmEy executed the same in fis/ it authorized capacity(ies�, and that by his/ ' signature(e on the instrument the persti or the entity upon behalf of which the persons(&)acted,executed the instrument. SIGNER IS REPRESENTING: Wime is y hand and o cial se 'z �.era.�:.. w.aro, i,�sw „�.., Mountain Gate Ventures, LLC DORIS A.BENOIT By: Century Crowell Communities LP Commission SS 1316da1 By. Century Homes Communities, a -d Notary Public- California Signature of Notary i San Bernardino County California Corporation t Comm. ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attaclunent of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Subdivision Improvement Agreement Tr.30963 MUST BE ATTACHED TO THE DOCUMENT Number of Pages 11 DATE of DOCUMENT October 3, 2003 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above III III III IIII IIIIIII(IIII I I I III III III III IIII 1 ©0317 1 2 60 £©`Ef9©Fl EXHIBIT "A" TENTATIVE TRACT MAP 30963 CONDITIONS OF APPROVAL IIIIIIIIIIIIIIIII Ell 11111111111IIIIIIIII EIIII 12 ��pVtO 8y ��l �"•- EXHIBIT A �tp CASE 5.0931-PD-279 NARY LANNED DEVELOPMENT DISTRICT (PD#279) �TENTA T IVE TRACT MAP 30963 K5 p0.�q CORNER OF GATEWAY DRIVE AND HIGHWAY 111 V,��`o�e�av g1S8S �pVE CENTURY VINTAGE HOMES CONDITIONS OF APPROVAL February 26, 2003 Before final acceptance of the project, "all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING DEPARTMENT: 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. la. The owner shall defend, indemnify, and hold harmless the City of'Palm Springs, its agents,.officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0931-PD 279 and TTM 30963. 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. +1lorcaft cr, be responsible .lG UuC_rI p__d, indennlf.y, 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. That the propefty 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. II II I I I I II II I I II II I I II 11 26 19 3f 36 ©EFj F 3. If, within two (2) years after the date of approval by the city council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(I), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district and tentative tract map shall,expire. Extensions of time maybe allowed for good cause. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, properly development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 4. 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. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$5,000 for the review of the CC&R's by the City Attorney. 5. Separate architectural approval and permits shall be required for all signs. 6. The project shall be developed in three phases. A. Phase 1 shall include completion of the specific requirements of the subdivision including all street improvements included and/or adjacent to that phase, and all off-site improvements included and/or adjacent to that phase. These improvements shall include improvements of the common recreation adjacent to main entry, entry gate and landscape elements including Highway 111 and Gateway Drive landscaping, and seven residential lots incorporating the model com lex. Phase 1 Includes site plan) root plans floor plans exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc., for the model complex. The retention and detention basins on the westerly property boundary will be completed during Phase 1. B. Phase 2 shall include development of approximately 164 residential lots within the southerly and easterly portions of the gated community and 26 lots within the dngated portion of the project. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 2 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc., for all single family residences. C. Phase 3 shall include development of 121 residential lots within the northerly portion of the gated community. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 3 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc. for all single family residences. 7. Final landscaping, irrigation, exterior lighting, and fencing plans for each phase shall be submitted for approval by the Planning Commission (see Condition #3 above) prior to issuance of a building permiticonstruction permits. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern project perimeters, using trees and shrubs. The windbreak shall be installed as residential phases are developed. 8. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9.' A street tree program shall be submitted to the Department of Planning and Zoning prior to the issuance of a Certificate of Occupancy. 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. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening 12. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 13. The dB8ign, height texture and color of building(S), fences and shall t walls Jhal b Pi submitted for review and approval prior to issuance of building permits. 14. The street address numbering/lettering shall not exceed eight inches in height. 15. 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 & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. If lighting for the tennis courts is ever proposed, the tennis courts shall be subject to Section 93.01.01 of the Zoning Ordinance pertaining to tennis court lighting as follows: .. 29f33-�i3573a I IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIII II IIII I1J26 21 Eu£�0 OH 1. Night lighting shall be allowed subject to the following property development standards; a. The height of the light fixtures shall not exceed 18 feet. A maximum of five light standards shall be permitted on each side of the court. The height of the fixture shall be measured from natural grade. b. The light beam shall not extend off the subject property. Lighting levels shall not be more than 1 foot candle above the ambient light level on adjacent properties. c. Quartz lights shall be prohibited. d. Lighting shall not be greater than 400 watts per fixture. 17. The retention and detention basins shall be fully landscaped and designed to provide passive recreation opportunities, to the extent possible. 18. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. For single family residences, cans must be located with 50' of the street. For the common areas, trash enclosures shall be required in each recreation area. 19. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 20. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed pool structure and the path of travel to the main entrance. 21. The Department of Planning and Zoning recommends that the applicant obtain a copy of the publication, Suggestions for Disabled Access Design in New Single Family Homes available through the Department of Planning or the Department of Building in order to consider incorporation of building design features that would enhance handicapped accessibility. 22. Common areas pool hours shall be closed between the hours of 10 pm to 7 am. 23. The maximum building height shall be 1 T measured from the building pad height approved on the final grading plan. 24. The entry plan for the project entry shall be refined to provide adequate improvements and provide additional wall, gate, lighting and landscape details as part of the Final Planned Development plans. 25. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The developer shall be responsible for completed front yard landscape, irrigation and exterior lighting plans. In addition, rear yards shall be landscaped within 90 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement. II II II I II I IIIII III I I I I III II III III 2003-935799 11l © f 2 6E+0R ' i I 26. The project entry shall incorporate decorative street, landscape and safety lighting. Decoratative lighting at entries shall be pedestrian scale. 27. Project setbacks shall be as follows: Front yard setback . 20' Side yard setback - 5' Rear yard setback- 15' _Refer to R-1-C Zone for remaining property development standards. 28. The minimum house size shall be 1,211 square feet, with a mix of housing sizes up to 2,778 square feet. Larger residences may be permitted as long as the building footprint is consistent with setback and lot coverage requirements. The maximum lot coverage shall be 47% of the net lot area. 29. The Developer shall construct a minimum six foot tall, decorative block wall around the entire project. Where necessary, the use of a retaining wall may be required. Final wall plans shall be required as part of the Final Development Plans. All walls shall be decorative. The retention basin of Lot S shall be fenced using wrought iron. 30. All existing Tamarisk trees and roots shall be removed in an effort to reduce future root damage for existing homeowners. 31. A new property line wall for abutting properties shall include the removal of existing fences if the property owner consents to the removal. 32. Prior to issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. The amount of fees paid will be determined based on the established state formula for determining construction costs. 33. In accordance with Public Resource Code 5097. 94, if human remains are found, the Riverside County Coroner must be notified w th,n 24 hours of the discovery. Ita u a4.lc_ II ID ula Coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacrament to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 34. A Riverside County-certified archeologist shall be retained to attend pre-grading meetings. The archeologist will carefully inspect the area to assess the potential for significant prehistoric or historic remains. If a site is uncovered, than a subsurface investigation may be needed if the site is determined uniquefimportant for its prehistoric information. 35. A Native American Monitor shall be present at all ground disturbing activities and during construction activities, the monitor and the archeologist shall have the opportunity to temporarily divert or direct earth moving to allow time to evaluate any exposed IIII III IIIIIIIIIIIIIIIIIIII IIIIII III (IIII IIII © 11/2 ©o£ E A8 © H 2 (low V I prehistoric or historic material. Any recovered prehistoric or historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Western Center for Archeology and Paleontology(UCR). 36. Any cultural resource documentation and survey.documents generated in connection with the project shall be distributed to the Agua Caliente Band of Cahuilla Indians. MITIGATION MEASURES 37. A. Prior to issuance of a grading permit, the developer will develop and submit a dust control plan to the City's Building Official,in accordancewith the 2002 Coachella Valley PM- 10 State Implementation Plan and the South Coast Air Quality Management District (SCAQMD) Rule 403. SCAQMD shall also have the opportunity to review the PM-10 Plan, if it so desires.B. The proposed project will comply with the provision of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. Those requirements shall include but not be limited to: 1. That the plan shall include provisions to treat disturbed surface areas at construction and sites with dust suppressants in sufficient frequencies and quantities to prevent visible emissions from crossing the property line. P 2. That the plan must also include one or more fugitive dust control techniques as outline in Chapter 8.50. 3. That no debris shall be washed, blown by wind, or otherwise deposited onto streets or adjacent property and that all erosion control devices are working properly on a continuous basis. 4. That a cash bond shall be posted by the permittee throughout the period of construction time that the project is vulnerable to wind erosion. 5. That is complaints of windblown sand or dust arise the building and safety d reCiCii may req��Ire.additional dust abaiemeni mgagl ireg nr limit nr halt aCtiVitieS:.'nfiI sU'CI"Y time that adequate erosion control has been achieved- C. A plan to control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City Building Official and South Coast Air Quality Management District(SCAQMD), if so desired, for approval prior to the issuance of grading permits. The project-applicant shall provide evidence to the City Building Official that the SCAQMD has approved the fugitive dust plan prior to issuance of grading permits, if so desired. The plant shall specify the fugitive dust control measures to be employed. 38. Any diesel construction equipment with direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard. 39. Construction operations affecting offsite roadways shall be scheduled by implementing IIIIII IIIII IIII III III III IIIII IIIII III IIII II II IIII 11 2003-93799 Eb 24 F1 T 3g0R traffic hours and shall minimize obstruction of through-traffic lanes. 40. The structures shall be constructed in compliance with the Uniform Building Code (UCB) earthquake design standards. 41. -Prior to the issuance of a grading permit, a grading plan shall be reviewed and approved by the City that will include measures to contain run off, and fugitive dust. 42. The development shalf prepare'a Stormwater Pollution Prevention Plan (SWPPP). 43. Payment of Drainage Acreage fees shall be required unless improvements to the mast plan of storm drains is implemented. 44. The development shall comply with the recommended measures as outlined in the Hydrology report including but not limited to construction of a storm drain system, on site retention and detention basins. 45. The developer shall submit landscaping plans for approval by the City that incorporate walls, berms and landscape materials. 46. Construction shall be limited to the hours provided by the Palm Springs Municipal Code. 47. Home construction shall comply with the applicable code sections of the California Administrative Code and the Uniform Building Code. 48. Prior to-the issuance of a building permit for residential construction the developer shall pay a school impact fee based on the current rate as adopted by the Palm Springs Unified School District. 49. The final design of the internal circulation and site access plans shall be subject to the review and approval of the City Engineer to ensure compliance with City access and design standards. 50. The applicant shall dedicate appropriate right of way to accommodate the ultimate improvement of master planned roadways on or adjacent to the project site. 51. Gateway Drive and Eastgate Road shall be improved to City Design Standards on or adjacent to the project site. Adequate off-street parking shall be provided on site to meet the requirements of the Palm Springs Municipal Code. 52. A fair share contribution shall be made towards the signalization State Hwy. 111 and Gateway Drive (11.2%). Should the signal be installed at an earlier time by the developer,'the City shall enter into a reimbursement agreement with the develop for remaining share of the signal costs. 53. The developer shall participate in the regional TUMF program. 54. Prior to or in conjunction with the issuance of a grading permit the develop shall relocate the Whitewater Mutual transmission line in accordance with the agreement reached with that agency. I IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIII II IIII i i zF 25 35e1 R 55. In accordance with Resolution 15189 adopted by the City Council, the develop shall pay the drainage impact fees in effect at the time. 56. The developer shall include a non-motorized trail within the project's Highway 111 frontage. This would be in the form of a 12' combination sidewalk and bikeway with a possible equestrian trail to be developed adjacent to the bikeway at a later date. If approved, this condition would supercede Engineering Condition of Approval on North Palm Canyon Drive No. 7. BUILDING 57, Prior to any construction on-site, all appropriate permits must be secured. All Construction shall comply with Title 24 of the California Administrative Code. 58. Outdoor construction activities shall not take place between the house of 7:00 pm and 7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or at any time on Sundays or on a Federal holiday. Time restrictions shall be included in the contractor specifications and shall be verified by the Director of Building and Safety. 59. Proposed structural designs shall comply with provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of.California. Compliance with these criteria will be verified by the Director of Building and Safety prior to the issuance of building permits. I FIRE 60. A. Approved numbers of 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. B. Fire sprinklers must be installed in every residence per the requirements of the Fire Marshall 61. Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department or as per required by the,Fire Department. 62. An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, wells, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings or as per required by the Fire Department. 63. 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIII iir2025r�5e 900n 64. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. 65. 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. 66. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved_provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. 67. 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. 68. A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises as per Municipal Code 8.04.260. WASTE DISPOSAL SERVICES 69. The location of the trash enclosures shall be submitted to the waste disposal service for approval. .Notification of the waste disposal service's approval shall be submitted to the Department of Planning and Zoning before a Certificate of Occupancy shall be issued. ENGINEERING The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. PHASES 1 -4 STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Developer shall obtain California Department of Transportation (Caltrans) permits and approval of plans for all improvements proposed and construction performed within State Highway 111 (North Palm Canyon Drive) right-of-way. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Construction shall be coordinated with the Engineering Department relating to City of Palm Springs Resolution 17950 - Restricting Street Work IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIII II IN i vz z0 £eerF06ry ' t i on Major and Secondary Thoroughfares. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be submitted to 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. 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 by these conditions. NORTH PALM CANYON DRIVE (STATE HIGHWAY 111) 4. This development is subject to the review of the California Department of Transportation (Caltrans). Actual requirements of this development, including additional right-of-way dedications and/or improvements related to State Highway 111, shall be addressed by the developer to the satisfaction of the Caltrans District 8 Director, or other delegated authority, and the City Engineer. The required improvements for North Palm Canyon Drive (State Highway 111) as listed herein may be modified, deleted or other conditions added as required by Caltrans. All improvements shall be constructed in accordance with Caltrans standard drawings and specifications. 5. Construct an 8 inch curb and gutter, 56 feet north of centerline along the entire frontage., with a 35 feet radius curb return and spandrel at the northwest comer of the intersection of North Palm Canyon Drive and Gateway Drive. 6. Construct a minimum 8 feet wide sidewalk behind the curb along the entire frontage. 7. Construct an access ramp meeting current California State Accessibility standards at the northwest comer of the intersection of North Palm Canyon Drive and Gateway Drive. 8. Construct an 8 feet wide cross-gutter at the intersection of North Palm Canyon Drive and Gateway Drive, including additional improvements at the northeast corner of the intersection of North Palm Canyon Drive and Gateway Drive, OR otherwise as required to provide adequate surface water drainage of the intersection. 9. In accordance with previous Caltrans requirements listed in their letter of M.ay 16, 1991, unless otherwise modified or waived pursuant to further correspondence from Caltrans, the developer shall construct acceleration/deceleration (auxiliary) lanes 605 feet(each) in length in addition to construction of a 10:1 taper(100 feet minimum length), and required striping. 10. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, where required to meet existing and proposed improvements, and as required by IIIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIII it IIII i uzs�9?r srE�on ! I I Caltrans. GATEWAY DRIVE 11. Construct 6 inch curb and gutter, 20 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 12. Construct an 8 feet wide sidewalk behind curb from North Palm Canyon Drive to the Mountain Gate entry, and a 5 feet wide sidewalk from the Mountain Gate Entry to Pamela Drive, in accordance with City of Palm Springs Standard Drawing No. 210. 13, Construct 25 feet radius curb returns, spandrels and a 6 feet wide cross-gutter at the intersection of Gateway Drive with the Mountain Gate entry, together with Type A access ramps on either side of the entry, in accordance with City of Palm Springs Standard Drawing No. 200, 206, and 212. - 14. Unless otherwise specifically waived by Sunline Transit Agency, construct a 160 feet long by 12 feet wide bus turn-out along the frontage in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional requirements, including furnishing and installing bus stop furniture and/or shelter may be required; contact Sunline Transit Agency for further details. If waived by Sunline Transit Agency, appropriate right-of-way shall be reserved for construction of a future bus turn-out or bust stop, as required by Sunline Transit Agency. 15. 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 clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PAMELA DRIVE, VIDEO ROAD, LAWRENCE CIRCLE, HOWARD CIRCLE, ALBERTO CIRCLE,AND JIMINEZ CIRCLE -' In ❑ faLa nrov nts at he 16. Protect the exiStiii^y nT,pry JciTicntS in place cll mkC d� r_pC._� !m ._.Bme.., I,, north ends of each street to the satisfaction of the City Engineer, such that proposed improvements cleanly match existing improvements. Final plan details shall be approved by the Planning Commission. EAST GATE ROAD '17. Dedicate a full-width right-of-way of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with Tramview Road, together with property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. 16. Construct 6 inch curb and gutter 20 feet both sides of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIIIIIII IIII EIJ 255of 366E ! t 119. Construct a minimum 5 feet wide sidewalk behind curb along both sides of the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. 20. Construct a Type A access ramp meeting current California State Accessibility standards at the southeast corner of the intersection of East Gate Road and Tramview Road, and on the south side of the intersection with Alterra, in accordance with City of Palm Springs Standard Drawing No. 212. 21. 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 curb to edge of curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 22. Make appropriate improvements at the south end of East Gate Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. TRAMVIEW ROAD 23. Dedicate full-width right-of-way of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with East Gate Road, together with a property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. The right-of-way shall follow the alignment of the modified street°knuckle" at the intersection' of Tramview Road and East Gate Road, in a manner acceptable to the City Engineer. 24. Construct a modified street "knuckle" at the,intersection of Tramview Road and East Gate Road, to the satisfaction of the City Engineer. The curb alignment shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 25. Construct a 6 inch curb 20 feet north,of centerline along the entire frontage, and throughout the modified street"knuckle", in accordance with City of Palm Springs Standard Drawing No. 200. 26. Construct a minimum 28 feet wide driveway approach at the intersection of Tramview Road and Alterra (private street), in accordance with City of Palm Springs Standard . Drawing No. 205. 27. Remove the existing curb, gutter, sidewalk and asphalt concrete pavement throughout the cul-de-sac at the end of Tramview Road, and construct 6 inch curb and gutter 20 feet south of centerline, together with a 5 feet wide sidewalk behind curb, to create a new curb alignment at 20 feet south of centerline to be consistent with proposed improvements westerly of the end of the existing right-of-way. Additional improvements adjacent to those properties identified as APN 669-381-001 and 669-381-002 (597 and 581 W. Tramview Road) including, but not limited to, extension of existing driveways and extension of existing front yard landscaping out to the edge of the new sidewalk shall be installed to the satisfaction of the Director of Planning and Zoning and the City -• Engineer. I II II II I II I IIII III I I I II III III i ires��ea35a�'6eeH 28. Make appropriate improvements at the west end of Tramview Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. 29. The Engineering Department shall initiate a right-of-way vacation for the subject portion at the current westerly end, following completion of required removals and construction as required herein. ON-SITE (PRIVATE)STREETS 30. Dedicate an easement 37 feet wide extending from back of curb to back of curb to the City of Palm Springs for sewer purposes with right of ingress and egress over the private streets. 31. Dedicate an easement 57 feet wide for public utility purposes extending from 10 feet behind back of curb with right of ingress and egress over the private streets. 32. 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 50 foot setback measured from the face of curb to the gate access control mechanism. B. Provide a turnaround after the mechanism for vehicles .unable to enter the project C. Security gates shall provide a minimum of 20 feet clear width in each direction. 33. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along all on-site (private)street frontages, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 34. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line parallel with and 13 feet from the centerline of'the intersecting street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 35. The following traffic calming devices shall be incorporated into the on-site streets: Narrowed pavement`chokers' shall be provided approximately mid-block on all on-site streets, as approved by the City Engineer. Chokers shall be designed with a transition using 25 feet reverse curves and a 50 to 100 feet long, 24 feet wide (12 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. 36. 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, throughout all on-site streets. The pavement section shall be designed, using IIIIII IIIIII(III(IIIIII(IIII IIIII IIIII III IIII IIIII IN1IJ26J31�o£v j©RH VW "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 37. -Dedicate,an easement 20 feet wide to the City of Palm Springs for sewer purposes across Lot D and Lot F. 38. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 39. Extend the existing 8 inch sewer main within East Gate Road, and construct an 8 inch sewer within all on-site streets, and connect new sewer mains to the existing sewer mains within Video Road, .liminez Circle, and East Gate Road. 40. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be submitted to the City Engineer prior to issuance of any grading or building permits. . Minimum submittal shall include the following: .A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 41. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the sewer system by the City of Palm Springs. GRADING 42. 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. 43. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval.The Grading plan shall be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan.The Grading Plan shall be approved'by the City Engineer prior to issuance of any grading or bdilding permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. i C. Copy of Tentative Map stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report. F. Copy of Hydrology Study/Report. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491) to the City Engineer prior to issuance of the grading permit. 44. Obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 45. 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. i 46. 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. 47. A soils report prepared by a licensed Geotechnical 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. 48. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 49. 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 an involving the expos VFI soil! will Luc 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 50. Dedicate an easement 41 feet wide to the City of Palm Springs for drainage purposes extending across the entire west side of the project, for future use by the Riverside County Flood Control and Water Conservation District(RCFC)for Line 2 of the City of Palm Springs Master Drainage Plan. Retention/detention basins within the drainage easement may be used on an interim basis for management of off-site stormwater II 1IIII 1111IIIIII 1111 III1111 II II II III 11 20©33�of© 6AOA runoff, provided that the entire drainage easement is landscaped in a manner acceptable to the Director of Planning and Zoning. Provisions for maintenance of landscaping installed within the drainage easement shall be included in Codes, Covenants and Restrictions and shall be the responsibility of a Homeowners Association (HOA) or Lighting and Landscaping Assessment District created for this development. _ Landscaping shall be shown on final landscape plan per Planning Condition of Approval No: 3. 51. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Study for Mountain Gate, Tentative Tract Map No. 30963, prepared by Tory R. Walker Engineering, Inc., dated October 28, 2002. The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for Tentative Tract Map 30963, as approved by the City Engineer. The preliminary Hydrology Report for Tentative Tract Map 30963 shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 52. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 53. 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 in accordance with City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 54. All existing utility lines that are less than 35 kV on or adjacent to this project shall be relocated underground. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s)that file iequired deposit to underground the 't ili'ty(S) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a certificate of occupancy. An exception would be required for the Easterly property boundary in which the distribution lines shall be underground and the overhead services to adjacent existing properties would remain from the pole to the house. 55. All proposed utility lines shall be installed underground. 56. 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. 57. The original grading, street, storm drainage, and other improvement plans approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Department prior to issuance of the certificate of occupancy. �111111 01 11 kill 111111111111111111110 11111111 140j{�350HH Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 58. Contract Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Department prior to issuance of a certificate of occupancy. 59. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 60. 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 61. 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. 62. The Tentative Tract Map may be phased into multiple final maps. A Final Map for each phase shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. A Final Map for each phase shall be approved by the City Council prior to issuance of building permits within that phase. 63. Building permits may be issued for lots to be created from a Final Map for the first phase, prior to City Council approval of a Final Map of the first phase, provided that a Land Use Permit or other separate approval of the City relating to construction of a model complex within the first phase is granted by the City. TRAFFIC 64. 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 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 North Palm Canyon Drive (State Highway 111), Gateway Drive, East Gate Road, and Tramview Road-frontages of the subject property. 65. Install street name signs at each intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 66. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be IIIIII IIIIII IIII IIIIIII IIIII IIIII IIIII III IIIII IIII IIII 111c0�350of0E 6ErR installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at the following locations: Mountain Gate at Gateway Drive exit 67. Pay to the City of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection. The fair share contribution has been determined as 11.2% based on the Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$16,800.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. If installation of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection is requested by the developer in conjunction with the construction of this project, the developer shall be responsible for the design and _.. installation of the traffic'signal, pursuant to City and Caltrans approvals and permits. A traffic signal plan shall be submitted concurrently to the City.and Caltrans for review and approval. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of a maximum of 88.8% of the cost of the traffic signal construction, and shall receive reimbursement as adjacent properties develop and post payment for their fair share contribution towards its installation. 68. Pay to the City of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Indian Canyon Drive and Las Vegas Road intersection. The fair share contribution has been determined as 8,2% based on the Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$12,300.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. 69. 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. 70. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. II II I I I I II II I I II I I I II 11.'^crF�/CR of 6E1f3H Bond Number: SU 5003485 Premium (Two Years) :$27,130.00 CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 3 , 2003, and identified as Tract Map No. 30963, 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 Two Million Seven Hundred Thirteen Thousand and 001100 dollars ($2.713 000.00) 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. Page 1 of 2 Faithful Performance Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety_above named, on October 01 , 2003. PRIN(GIPAL .Mountain Gate Vei itures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development Managernent Company; By: Century Homes Communities, a California Corporation, General Partner By: n W. Pavela , President SURE Arch Insurance Company By. — y.r By: ��✓7��. ��� / - (Surety Name) Attorne -in-Fact - Thomas Tyrell - (All Signatures Shall Be Notarized) Page 2 of 2 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit, This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully.and amply to all intents and purposes, as if the same had'been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bands and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process:' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous,consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of Auqust 20_03 Arch Insurance Company Attested and Certified glance Q `p o CORMMTE 3'O SEAL � Joseph S. LEW1, 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. 7.GMULAM,NSEAL MELISSA B,GILLIGlW,Notary Public �s�l State of Connecticut FMY Commss�nExpresFebruary28,2005 �MelissaB. Gilligan, NotaryPublic 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 Auaust 7. 2003 on behalf of the person(s) as listed above is a true and.correct.copy and that the same has been in full force and effect since the date thereof and is in,full force and effect on the'date of this certificate; and 1 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 Companyonthis 02 dayof_nrrnhpr 2003 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. 6J��Ce C `p o r [O[lOVATE �Q Ylssnrl Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT It t State of California LLIS as. County of H. On I C)I C)Z -Z-0c, �s before me, I if lor M. -14ti4ell, Oo-1-ciq -pluki Data Name and Title of 611ct, UI to Jan.Do.,pro,Preto) personally appeared 1 hpuYlCiS —1 Nilrell K personally known to me D proved to me on the basis of satisfactory evidence IIt lit, pIlgeoll"fuL to be the person whose narill is/ire,P, Comma 1 1355S79 subscribed I within instrument and ,a Notary Pill-Califorri 'llifl� Los Angoll County acknowledged to me that he/Ael executed wl v, the same in hisxrhh�rr authorized capacity(lzirs), and that by histrinelf/thefir signature(K on the instrument the person(s), or ''Jl the entity upon behalf of which the persooK acted, executed the instrument. hi W!TNESS my hand and official seal. Signature of Notary Public lk OPTIONAL If 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: Document Date, Number of Pages: N Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer if Signers Name iil 0 Individual Top of thumb here J'i El Corporate Officer—Titles: D Partner—D Limited 11 General El Attorney-in-Fact it E3 Trustee mil it 0 Guardian or Conservator lid 0 Other: jrl Signer Is Representing: ;',):, 0 1999 National Notary Aw,ocallorl-9350 De Soto Ave `0 3o2402-Chalvuorth CA9i3l3-2402-vvwwnati0na[notaryorg Ped.Me 5907 pound.,Call Tell Free I BOO 876 6827 ALL-PURPOSE ACKNOWLEDGMENT State of California ) CAPACITY CLAIMED BY SIGNER as. County of San Bernardino ❑ INDIVIDUAL(S) ,P-CORPORATE President On October 3, 2003 before me, Doris A. Benoit, Notary Public OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared John W. Pavelak, President ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) rsonally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ proved tc+�ete�nxhe=basis of a�s€�et©t3 ari let to be the persons(s)-whose name(s) ❑ OTHER is r"ubscribed to the within instrument and acknowledged to me that f&eb4rckhey executed the same in Ac& teir authorized capacity(ies} and that by Cis signatures}on the instrument the person(s)or the entity upon behalf of which the persons(s)acted,executed the instrument. SIGNER IS REPRESENTING: Wime hand and officialseal. ti DORIS A. BENOIT j Mountain Gate Palm Springs Venture LLC 1!1!1!1! sl Commission sl1311', 51 L By; Century Crowell Communities, L Notary Public- CaRomis > By: Century Homes Communities, A San Bernardino County Signature of Notary i� '_Ir '^ ���' California Corporation -�- - 7pires Jun24,26 My Camm E .. 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 Subdivision Bond MUST BE ATTACHED 2 October 1, 2003 TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Bond Number # SU 5003485 Premium 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 Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 3 , 2003, and identified as Tract Map No. 30963, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million Three Hundred Fifty- Six Thousand Five Hundred and 00/100 dollars ($1.356.500.00), 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. Page 1 of 2 Labor and Materials Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October of , 2003. PRINCIPAL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: Century Homes Communities, a California Corporation, General Partner By: V a/ — hn W. Pavelak, President SURE �r Arch Insurance Company B (Surety Name) Attorney*-Fact Thomas Tyrell -_ (All Signatures Shall Be Notarized) Page 2 of 2 } POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Aftorney(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 nad`beeri duly!executed and acknowledged by its regularly electedWficers 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, bond's and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company.on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of August ,20-03 Arch Insurance Company Attested and Certified E Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS 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 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. St.iOFFICIAL SEAL � ME113 7Ux tN°tap Pub c may— :�� nn� l�J/��/r MyCommissonF�presFe6ruary28,2005 MelissaB. Gilligan, NotaryPublic My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Auoust 7, 2003 on behalf of the person(s) as listed above is a true and,correct.copy and,that the same has been in full force and effect since the date thereof and is in,full force end effect on the'date of this,caMficate; 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 Companyonthis o? dayaf_Orrnhar 20oa . 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. r5�canoe QD � eui j 9n .� Yissoml Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �I State of California j f�� if Countyof Los �ss. �"I On i�1�02 �2t�t�J beforeme�R far M.-OcAgen, IVr,-rav y PIL!i G .'t Data Name and The of oflloer)e g °Jane Doe,Notary Pubua7 TWO personally appeared ��ON�IGaS O dl it Name(s)ol signar(el �dl G7 personally known to me If ❑ proved to me on the basis of satisfactory ,`" evidence t!I PILAR l t''„r7.V' G 3 to be the person(8'J whose name(Sj is/ ,lI ,ji ,.l FA to Commissiaw 1356079 `Ir NotaryPubfrc-CeliFornla _Z subscribed to the within instrument and j p acknowledged to me that he/s lW executed" :';:-`�^;. Los Angeles County 9 � Y �gG,a,m r n6.� ry �'T9,yI the same in his/IxBr/ kir authorized t-)I P i Y(� ) Y ,be '„ �-.,, ,� -:- -,- ca act , and that b his/ r/t it r; - - signature) on the instrument the person(', or the entity upon behalf of which the person( acted, executed the instrument. *;I W!TNESS my hand and official seal. (I LI4E t JJ7 V, 'I If 3:gnalure at Notary Pube �lj r 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 r i4 Title or Type of Document: ''-I Ir II;I 1D Document Date: Number of Pages: Jl !0 Signer(s) Other Than Named Above: 'aI Ca acit les Claimed b Signer p Y� ) Y 9 „l u , Signer's Name: tf li, F7I in ❑ Individual Top of thumb hero j ❑ Corporate Off icer—Title(s)' F)I ❑ Partner—❑ Limited ❑General .A ❑ Attorney-in-Fact ltl u ❑ Trustee » ❑ Guardian or Conservator ❑ Other: Gil of ivl l if Signer Is Representing: 2.n - . 01999 Nalional Notary Aesoaafon•9350 De Solo Ave,PO Box 2402•Chalswodd,CA 9131384o2•www nationalnolar,org� Prod No 5907 Soared,Call Tell Free 1-800876 6827 ALL-PURPOSE ACKNOWLEDGMENT State of California ) CAPACITY CLAIMED BY SIGNER ss. Courmyof San Bernardino ❑ INDIVIDUAL(S) t�>eORPORATE President On October 3, 2003 before me, Doris A. Benoit, Notary Public OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared Jahn W. Pavelak, President ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) 44gersonally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ satisfactory-evidence-to be the persons(srwhose name(4 ❑ OTHER is ubscribed to the within instrument and acknowledged to me dta teLsltedthey executed the same in ti herkheir authorized capacity(ies), and that by tis/ber/their signatures}on the instrument the person(s)or the entity upon behalf of which the persons(s}acted,executed the instrument. SIGNER IS REPRESENTING: Il�J DORIS A.BEND T Witness hand and offi i lsea . C� z�,.. �� -; Mountain Gate Palm Springs Venture LLC `J otariP blic- califs 1 L By: Century Crowell Communities, L COm PJotan/ Public- Califimia San BernardinuCnuniy ri BY: Century Homes Communities, A . : Signature of Notary � � Ny Comm.Expires Jun 24,2WJ5i11 California Corporation 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 Subdivision Bond MUST BE ATTACHED 2 October 1, 2003 TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Bond Number: SU 5003485 Premium (Two Years) : $4,069.50 CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated October 3> , 2003, and identified as Tract Mao No. 30963, 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 Four Hundred Six Thousand Nine Hundred Fifty and 00/100 dollars ($406.950.00), 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, successor, 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 Page 1 of 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 October 01 2003, PRINCIPAL Mountain Gate `Dentures, LLC, a Delaware Limited Liability Company By: Geritury-Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: ntury Homes Communities, a California Corporation, General Partner By ►h John W. Pavelak, President SUR TY Arch Insurance Company - (Surety Name) Attorrti -in-Fact Thomas Tyrell (All Signatures Shall Be Notarized) Page 2 of 2 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully,and amply to all intents and purposes, as if the same had beeri duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on„behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A, In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of August 20 03 Arch Insurance Company Attested and Certified 5�once C c G uMR SMMM7Em ,971 19 Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL MEUSSA B.(ILUGAN,Notary PubBc State Ofconnecacul Melissa B. Gilligan, Notary Public My Comm ss an Exp res February 28,2005 My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Auaust 7.2003 on behalf of the person(s) as listed above is a true and.correct copy and,that the same has been in full force and effect since the date thereof and is in full force and effect on the`date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 02—day of orf nhar 20 ni 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�tance C .r o .Q [ORpGTf �`O IIIIIOYIi Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT lu. State of California �t;l li ss. County of LDS A1�Q�.IPS IO�U2�2c���3u �ur y pu4Jlf� m On before me, o`rcti So" Name end TI¢of OII oar(e g,"Jane Ooe,Nolary Publlo") personally appeared �4'1ePYt(A�Nof ame(e)ol6iynar(aJ r� :`. Xpersonally known to me -� ❑ proved to me on the basis of satisfactory I` evidence la PIP AR M.i CH' i"y to be the person.,(w) whose name(.aj is/3ve �)5 CommiI 1355879 subscribed to the within Instrument and ;•i, Notary Public-Califamo� n acknowledged to me that he/ot/jky executed ar Los Anpoles Gouvr'gj the same in his/�/t authorized ;u LiAyvOnnullEti7sirtao' capacity(jrc�, and that by his/bEr/tja€ir �;� : I ., . , . I - slgnature(4 on the instrument the person(, or 01 the entity upon behalf of which the person(M ;'> acted, executed the instrument. ui ir� i'ol II_I WITNESS my hand and official seal. ,�� I S,9neWreol Nolary Public p OPTIONAL ".� It 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 Sul Description of Attached Document ,I It Title or Type of Document. 1� o;l Document Date: Number of Pages: Signer(s) Other Than Named Above: lip it Capacity(ies) Claimed by SignerIIJ It I Signer's Name: I°°I I( ❑ Individual lop of thumb here ❑ Corporate Off icer—Title(s): m ❑ Partner—❑ Limited ❑General .71 r; ❑ Attorney-in-Fact ❑ Trusteed It ❑ Guardian or Conservator ail ❑ Other: i•71 lull ;JI Signer Is Representing: j l 61 n 1999 Na0onal NolaryAecoc,aeon•9350 Do Solo Ave,PO Box 2402•CM1alaworlM1.CAB13132432•www nalionalnolaryorg Prod No 5907 JRor,do,Cell Toll Free 1-800876E827 ALL-PURPOSE ACKNOWLEDGMENT State of California ) CAPACITY CLAIMED BY SIGNER ss. County of San Bernardino ❑ INDIVIDUAL(S) CORPORATE President On October 3, 2003 beforetne, Doris A. Benoit, Notary Public OFFICER(S) Date Name, Title of Officer TITLE(S) personally appeared John W. Pavelak, President ❑ PARTNER(S) NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ,$^personally known to me-OR- Cl SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ to be the persons(%] whose nameO ❑ OTHER r s - subscribed to the within instrument and acknowledged to me tlta e/. mAheq executed the same in is/1 authorized eapacity(ies), and that by i.,�b¢rhheir signature(a4 on the instrument the person(re or the entity upon behalf of which the persons( acted,executed the instrument. SIGNER IS REPRESENTING: Wime s y hand azrd o cial seal � GOF71SA.13EiJ017 l Mountain Gate Palm Springs Venture LLC l �a C.nrnmission1310.15t By: Century Crowell Communities, L r z -�; Nccary Public- Cakifomia J : Century Homes Communities, A Signature of Notary SanE3ernardmoCounfy California Corporation - MY Gomm.EwirPs.)un 24,2665� 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 Subdivision Bond MUST BE ATTACHED p October 1, 2003 TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: --Signer(s) Other Than Named Above Bond Number: SU 500348.6 Premium (Two Years) : $135.00 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal') have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated October 3 , 2003, and identified as Tract Map No. 30963, 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 Thirteen Thousand Five Hundred and 00/100 DOLLARS ($13.500.00), lawful money of the United States,for materials furnished or laborthereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and forthe completion of said setting of monuments,that said 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. Page 1 of 2 Monumentation Bond As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on eea�e e� , 2003. _PRI^IGIPAL= " Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: Century Homes Communitiesa California Corporation, General Partner 4JBy: 6/e!/ P )t ohn W. Pavelak, President SURE Y Arch Insurance Company (Surety Name) Attorney-Fact Thomas Tyrell (All Signatures Shall Be Notarized) Page 2 of 2 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully,and amply to all intents and purposes, as if the same hadbeeri'duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process:' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of August 20 03 Arch Insurance Company Attested and Certified g,(Vince C `p O r mRMMTE �9 ° SELL 23 1971 C / Nlssauri Joseph S. LEWi, 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 severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL.SEAL MEU55SBB..gLL NotaryN* d2�w& � tJY/&04ZZ My Commstaloo(Conneelxu�t aryZ8,2005 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 Aueust 7.2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the'date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 02 day of nrtnha, ,20n. �Y Joseph S69ell, 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. vcassce c .p mxrouTe ° S en t tllssourl Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT It State of California ss. Ic County of "I } 1i7 On 10)02j'2,0q before me, pi ar QGQl 1 � �lgrV Dam Naree ana rua pI ar la g,aane Doi,Nina" ueuc°) rr personally appeared r,rri �) Name(s)ol S:gner(a "i1 personally known to me i1 ❑ proved to me on the basis of satisfactory Ilj,I evidence 71 i:S " Fn� :L�.G:?na,,: ...c'3._r,Tm:.•Z:3�G�s.C:a,� «',- '�)I VTILAR N.HAGEN � to be the person(s'j whose name(�j° is/�.re Cornmwilan;'�1355679 subscribed to the within instrument and r'I z Notary PuRylle-C:aliromia acknowledged to me that he/slats/tY�ey executed Irl "' LosAr l C;clunty the same in his/I r/t,belr authorized 'I '- a, Cwdr ETrpir4:Poiay9 2006 capacity(ig), and that by his/ho/tWir ,I signaturefsj on the instrument the person(e), or fl•� the entity upon behalf of which the person(z) 'I$, acted, executed the instrument. I, ) SI WIT ESS my hand and official seal. I( , �� Nt• �Lc 21�. iI Signature of Notary Uju lI tr: pn OPTIONAL Though the information below 1s not required bylaw,it may prove valuable to persons relying on the document and could prevent -'11 fraudulent removal and reattachment of this form to another document 'nl �f. Description of Attached Document Title or Type of Document: l Document Date: Number of Pages: Signer(s)Other Than Named Above: pll Capacity(ies) Claimed by Signer j"I u) Signer's Name: r r�l ❑ Individual Top of[numb here Ir" ❑ Corporate Officer—Title(s): 't ❑ Partner—❑ Limited ❑General If ❑ Attorney-in-Fact ❑ Trustee r ❑ Guardian or Conservator „al Its ❑ Other: � I If it Ir; Signer Is Representing' rl l•')i N 1999 Neterel Notary Aasoo:al:on•2350 De Bolo Ave..Pi0.Box 2402•Charti CA 913132402•www nalionaluelary org Food No 5907� Reorder.Call Toll Free 1800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ; STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) S, i On this 3rd day of October 2003, before me, Doris A. Benoit, Notary Public, personally appeared John W. Pavelak, President personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 9 WITNE S my hand and official seal. Signature of Notary Public > el,a area for Offvaal Notarlat soel yyA 1 oortis,a seNorc )� � � Commisaion R 1310451 z +a a Nolary Public•Cafitornia � San Bernardino (%oUMy y Idy Comm.Expires sun 2S,20Q5 { Bond for Faithful Performance, Labor, and Materials for Setting of Monuments In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of August ,20 03 Arch Insurance Company Attested and Certified E o Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL MELISM B�caLc�o�'uc�,tNotary l d , ��n. Z1j My CommssonExpresFelxuary28,21)15 MelissaB.Gilligan, Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 7.2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company- IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this_42_day of _nri-nbpr ,20-03_. 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. gJt�ea c may. o .M. CORPORATE aO fT L Ylnnrl Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Lyle L. Sandlin, Christopher I. Torres and Thomas Tyrell of Pico Rivera, CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bands and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had'beeri'duly executed and acknowledged by its regularly elected officers at its principal'office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board; the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous_consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company,. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT If ll Ir, State of California � >- t,i �' /k,��f les ss. fI r',I County of �,SI On IO�O �'ZOt13 before me, �t �(AY � cl6Ve�1, PJtjfi6l�V �t1(JIt( �SI ^ Oale Nama entl IDle IOI aer,g,'Vane Ooe,Nolary ubhi) it It,; personally appeared I hDrtS y{ne41 Name(s)ol5lgnaga) �1 to 01 personally known to me r'I is ❑ proved to me on the basis of satisfactory IC evidence '� ili Li nj tl „ to be the person(zj whose name( is/ 9 v uJ..,,6&9A.1-�AGEN Lil Ccmmicus;:nn�1355879 subscribed to the within instrument and , Notary Public-CaliPomia acknowledged to me that he/sJ�/t ay executed '1' 111 La*Angelo�a-ounEy J the same in his/her/tb4r authorized A cl Mycarran.Eup9rr.�TA,my9,2006 capacity(ies`), and that by his/hpf/Chair _al signaturef4 on the instrument the person(o, or a1 I[: the entity upon behalf of which the persci �.il acted, executed the Instrument I1 1 WIT ESS my hand and official seal. 91 46L L S,gnaWre of Nolary Ilc .,II h J L OPTIONAL,I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent JI fraudulent removal and reattachment of this form to another document ill �. Description of Attached Document Title or Type of Document: U' gal Document Date: Number of Pages: 'a1 Signer(s) Other Than Named Above: lu I e Capacity(ies) Claimed by Signer Signer's Name: _ 1 , dl ❑ Individual Top oluwmbhere <<" El Corporate Officer—Title(s): I� ❑ Partner—❑ Limited ❑General '�I ❑ Attorney-in-FactI ❑ Trustee ISI if, ❑ Guardian or Conservator fl ❑ Other: :n Signer Is Representing: ;I it �.(I ©1999Nalional Nolar AssociaLon•935Oeeso10Ave,PO,Sox2402•Chalswonh,CA913134CO2......hnalnolaryor, III No 5907 Feortler Call Toll-Free 1800-870-8827