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HomeMy WebLinkAbout01699 - VILLAGE RACQUET CLUB ASSOC SUBDIVISION TRACT 10855 ` • i M E M O TO: Judith Sum;;; ; Ciy FROM: Robert Roc ty r DATE: October 9, 1991 SUBJECT: RESPONSE TO MEMORANDUM FOR RELEASE OF BONDS ------------------------------------------- You had transmitted a memorandum to this division requesting the status of various bonds and agreements. A prior memo had been transmitted in February 3, 1987 and was used as back-up to your most recent memo. We responded to a majority of the bonds and agreements contained in the February 3, 1987 memo. This memo is intended to respond to the remainder of those agreements and bonds statuses. 5 The release bonds against Tract #15-7-79, Tract 6 16581-2 and 16581-4 . We believe that this information addresses all of the subdivision improvement agreement bonds or outstanding agreements that were addressed in the memo of Feb. 3, 1987. If we have not, will you please bring to our, attention those that have not yet been released so we can individually seek them out and make final determination. RJR:md cc: Tom Cartwright, Chief Inspector 0 MEMORANDUM February 2, 1987 go DATE : TO - Community Development Pa - FROM City Clerk : � SUBJECT : SUBDIVISION MONUMENT BONDS "? — Although labor and material , performance and maintenance bonds have been released, monument bonds remain open on the following Tracts: TRACT NO. RELEASE DATE 10910 (Perry, Agr 1413) 3-21-80 (No Mntce)Q,cam I\ Ee-D MaRu k 10855 (Tupaz, Agr 1699) 6-27-86 16384 (Guaranty Constr, Agr 1766) 10-15-82 16544 (P.S. Western Ventures, Agr 2082) 12-4-85 17082-1 (United Condominium, Agr 1850) 3-11-83 (Mntce Open) ` 17082-2 (United Condominium, Agr 1973) 10-8-84 \\} 17082 (United Condominium Agr 2011) 10-8-84 17110 (S. Havens, Agr 2064) 2-8-85 17279 (Geitter, Agr 1876) 7-20-83 19603 (Granada Assoc. , Agr 2012) 12-10-84 *10325 (formerly VanKleeck, Ayr 1520 - then R.F.S. Development, Agr 1520-A) ; new subdivision agreement entered; monument bond never provided with new agreement, but included with VanKleeck. Were monuments set for this Tract? PM 17371 (DST Industries, Agr 1823) 12-15-82** PM. 17247 (Louis Folk, Agr 1824) 12-17-82** **(Understand Hallmark Engineering is out-of-business; these seem to be a clear examples for calling the bond for the monument setting) These Tracts seem to hang in limbo waiting for the Engineer to submit a letter that the monument ties have been completed. Since that is the purpose of the bond, how long do we wait for calling the bond? Maybe consideration should be given to a fee for this aspect, so the City can then contract with the engineer to do the work, and have it completed rather than dragging on for years. Is there follow-up being done on these? JUDITH SUMICH City Clerk CITY OF PALM SPRINGS F PALM S P 2 N City of Palm Springs •Y (' nl , I Ii' UFtNIA P,O. Box 1786, Palm Springs , California 92263 (714) 323-8253 DEPARTMENT OF COMMUNITY DEVELOPMENT - ENGINEERING DIVISION R E C E I V E D NOTICE OF ACCEPTANCE JUL S 1986 CITY CLERK FOR XD PUBLIC AND/OR 0 PRIVATE IMPROVEMENTS TO: Village Club Associates ACCEPTANCE DATE: June 27, 1986 P. 0. Box 2759 PROJECT: Tract No. 10855 Palm Springs, Caifornia 92262 Village Racquet Club This is to inform you that the following improvements have been inspected and found acceptable to the City: PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing 600 --L.F. Curbing L. F. Street Paving 18,000 _ S .F. Street Paving S.F. Sidewalks 2,750 S.F. Sidewalks S. F. Driveway Approaches S. F. Driveway Approaches S .F. Bike Paths IT,000 _S. F. Bike Paths S.F. Sewer Mains 2,885 L.F. Sewer Mains L. F. Sewer Laterals 780 L.F. Sewer Laterals L .F. Sewer Manholes 13 _ Ea. Sewer Manholes Ea . Storm Drains L. F. Storm Drains L.F. Survey Monuments _" Ea. Survey Monuments Ea. Bridge Widening x _ Location : B00 E. Ramon Road C.P.S. Drawing No s Permit No. 8780 Contractor(s) actually doing work__Matsey, W F_ Maxwell R420 8449 Notify your bonding company/bank to release the following bonds : No. 103866 in the amount of $ 250,000 Performance No. 1_O_1982-A in the amount of $ 417.500 Labor & Materials No._ in the amount of $ Monuments No. 101983 in the amount of $ 125,250 Maintenance Security Construction bond in the amount of for Engineer John Goetten Bond Co./Bank Developers Insurance Company Comments Submitted b�ycPA,. ngione Approved b for Robert-L. Mohler Approved by Engineering Manager JoDity Deve opment Distribution : Original to Addressee; Copies to City Clerk , Engineering File, Chief P.W. Inspector , Building, General Operations, DICO Index No. gFlg '7L' 131 fF�L df PAL/y S �O N City of Palm Springs " CA r, r U O R N i A Cq�7FORN�P P.O BOX 1786, PALM SPRINGS, CALIFORNIA 92263 August 19, 1981 Mr. Thomas R. Mathew Village Racquet Club Associates 477 South Palm Canyon Drive, Suite 7 Palm Springs, California 92262 Re: Tract No. 10855 Dear Mr. Mathew: I have reviewed your letter dated August 10, 1981 , relative to the dollar amount required for bonding for the construction of improvements for the above tract. Additionally, I have reviewed your construction progress and copies of subcontracts submitted with your letter. It has been determined that if you wish, you may substitute a new bond for your existing bond Number 101982. The substitute bond would be for the amount of $250,000. You will note that this figure is higher than the work under contract that is remaining. This is due to l;wo items : 1 . Project not completed. 2. Some work may be damaged and in need of repair prior to acceptance. Please be advised that this letter in no way implies acceptance and/or approval of any construction work completed or under progress in connection with the subject tract. All construction work will proceed to acceptance in the normal sequence of events. The following bonds will remain unchanged: 1 . Bond Number 101983. 2. Bond Number 101984. If you have any questions , please feel free to call me. Ve_r truly yours , Rich McCoy City Engineer ��r Village 12acquet Club Assoc, Subdiv Impr Agr Tr 10855 CITY OF PALM SPRINGS AGREEMENT #1699 (original) 3-19-81 SUBDIVISION IMPROVEMENT AGREEMENT " THIS AGREEMENT, made and entered into this « ''day of ties c � .19 1 , by and between Village Racquet Club Associates , hereinafter collectively referred to as "Subdivider" and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY" ; WITNESSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract No. 10855 in the City of Palm Springs, County of Riverside, for approval by City; and WHEREAS, as a condition precedent to the approval of said map by City, Sub- divider is required to offer for dedication those parcels of land intended for streets , highways and other public use, and also to construct and install or agree to construct and install certain improvements ; and WHEREAS, Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on said map; and WHEREAS, City desires to accept the streets and easements shown on said map for public use, and certain other such improvements; and WHEREAS, as a condition precedent to the acceptance of the dedication of such streets and easements by City, Subdivider is required to enter into an agreement with the City to construct certain improvements; and WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately $835,000.00 ; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1 . Subdivider, at his sole cost and expense, shall construct and install the street, drainage, domestic water, sanitary sewer and other improvements required to be constructed or agreed to be constructed as a condition precedent to the approval of said final map and acceptance of such streets and easements, as shown on the "Improvement Plans for Tract No. 1085.5 a copy of which is now on file in the office of the City Engineer of the City and which is referred to and incorporated herein as though set forth in full . 2. Subdivider shall furnish to City good and sufficient bonds executed by a corporation authorized to transact surety business in the State of California on forms approved by City, one bond in the sum of $835 000.00 to assure the faithful performance of this Agreement, and one bond in the sum of 417,500.00 to assure payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby. Both of said bonds shall be deemed exonerated upon acceptance by the City of the improvements, and the furnishing of a maintenance bond at the time of the acceptance in the amount of $125,250.00 Said maintenance bond shall remain in effect for a period of one year from date of acceptance of the improve- ments. 3. Before final approval of street improvements, the subdivider will place survey monuments in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Tract Map. The Subdivider, after setting the monuments , shall furnish the City Engineer of the City of Palm Springs, written notice of the setting said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments, or as provided for in the Subdivision Map Act. Subdivision Improvement Agreement Page 2 4. In accordance with the terms of said subdivision regulation aforesaid, the subdivider does hereby agree to furnish a good and sufficient bond in the amount of $ 7,100.00 to guarantee payment of the cost of setting monuments as stated in Item No. 2 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be con- structed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 6. Subdivider shall complete such improvement plans including any correc- tions and revisions thereto necessary to comply with the applicable City standards as determined by the City Engineer, within thirty (30) days after approval of the final map. 7. Subdivider shall perform any changes or alterations in the construc- tion and installation of such improvements required by City, provided that all such changes or alterations do not exceed 10 percent of the original total estimated cost of such improvements. 8. Subdivider shall guarantee such improvements for a period of one year following the completion by Subdivider, and acceptance by City, against any defective work or labor done, or defective materials furnished, in the performance of this Subdivision Improvement Agreement by Subdivider and shall repair or replace any such defective work or materials discovered during said one year period. 9. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Tract No. 10855 " by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement. 10. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written Notice of Default to Subdivider at the address given below, and agrees to pay the entire cost of such performance by City. 11 . In the event that Subdivider fails to perform any obligation hereunder, 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. 12. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend, and hold the City harmless from any losses, claims, demands, actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney's fees. Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. VILLAGE RACQUET-CLUB ASSOCIATES A limited partnership SUBDIVI ER: J0�las fob, Presi ent By: THE VI�LAPE-R8CQ ET CLU , INC. ,G_e-ne.ral .Partner h hief—Etiue Officer `r0AT�hE4W.T� PAB.A S PINES, General-Par'rner. c/o Suite 800, 18321 Ventura�,Doul-eyHi^d= Address = Tarzana, California 91356 = City ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By D puty City Clerk�/ City Ma ager REVIEWED & APPROVED rA STATE OF CALIFORNIA - --- - c COUNTY OF_LO$ An o On March 9 lggl— J U before me, the undersig a Notar ' w said State, personally appeared �7��,�� r- �,� ned, y Public in and for assfo-r-d—any+T,ho _MatJ]A.r ------------ known to me to be X —the partners of the a that executed the wit Partnership E within instrument and acknowledged to me the v such partnership executed the same. e 0FFI-7,&,L SEAL a SHIRLEY J. KRIGE@_ WITNESS m n '..1�.m y hand and e lr NOTARY PUBLIC - CAUPORM, - � ofVjclal seal '��t—�'3pcy.,�, 10, ANGELES CGUN9Y Yt9y COMM. erpirss JUL Z, Jf" LL Signature Shirley J!Krigel Name(Typed or Printed) —1 (This area for affcial nolarral seal) II C014TROL GHAR1R1E L 1 110T LOT 3 I-OT 9 *e00 SCALE i -� u u— RSVP R-4-VP�L�L�"R 4�3 VP ILf R1L I - '-- I zr�UJW�f L ��/ ROAD =PPO PDSE D. _IN 5 R 4 4 R 4 N JiaJw IL IL. R -VP _ LI R 4 Vp R 4 ° R 4 ROAD (PROPOSED- , �� L I L -IIL) IN I. L. SAI IIAIf Ido � _ f.L ' I R-2 R-G-A(e) R-G-A (B) Ia iJDoo o �J aJ R 4-VP I' L L. R-2I I u I R a vP R-2 R-2 f IE r__ _ __ __ —�g 2 I CITY QF PALM SPRINGS CASE NO. TTM 10055 APPROVED BY PLAN. COMM. DATE APPLICANT Goetten/Mathew Tu az APPROVED BY COUNCIL DATE pa�A ApvR ORn. MO, I RESOL. NO. PERFORMANCE BOND BOND NO. : 103866 PREMIUM : $2, 500. 00 KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Springs, State of California, has swat led to VILLAGE RACQUET CLUB ASSOCIATES hereinafter designated . s the "Principal", a contract for: Improvements for Tract 10855 (Insert description of work to be performed and location) WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the City of Palm Springs, California, in the penal sum of Two Hundred Fifty Thousand Dollars (S 250, 000. 00 ) being 100% of the contract amount in lawful honey of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations 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, California, its officers and agents, as therein stipu- lated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that. no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying do mo �hatl i , anvwise affect its obligations on this bond, and it does State of County of I ss�s:: On 7,1 f11� ' Q �1/(,t V jr ,before me a Notary Public in and for said County and State,residing therm,duly commissioned and sworn,personally appeared known to me to be Attorney-in-Fact of DEVELOPERS INSURANCE COMPANY I the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and the duly acknowledged to me that such corporation executed the same. IN WITNESS WHEBnOF, 1 havpiherepnlo_sgl my_hpnd.pnd,affixed,myiofficaliseali,the day and year stated to this certificate above. -- t,� 'tr'•T.L LF AL My Commission Expires r .. .s£i, 19S5 Nortary Public . GENERAL • • POWER OF DEVELOPERS INSURANCE COMPANY ATTORNEY LOS ALAMITOS, CALIFORNIA KNOW ALL MEN BY THESE PRESENTS:That DEVELOPERS INSURANCE COMPANY,a corporation,duly organized and existing under the laws of the State of California,and having its Home Office in the City of Los Alamitos,California,has made,constituted and appointed and/does by these presents make,constitute and appoint Marcus E. Green, Larry R. Anderson and Stephen A. Spagnolo, jointly or severally its true and lawful Attamey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings,recognizances or other written obligations in the nature thercot and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article IV,Section I I and 12 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the 30th day of March, 1979,and now in full force and effect. Article IV,Appointment and Authority of Resident Assistant Secretaries,and Attorney-in-Fact and agents to accept Legal Process and Make Appearances. Section I I.The Chairman of the Board.the President,any Vice President,any Secretary or any Treasurer may appoint attorneys-in-fact or agents with power and authority, as defined or limited in their respective power of attorney,for and on behalf of the corporation to execute and deliver,and affix the seal of the corporation thereto,bonds. undertakings,recognizances,consents of surely or other written obligations m the nature l hereof a nd any of said officers may remove such attorney-imfacl or agent and revoke the power and authority given to him. Section 12.Any bond.undertaking,recognizance,consent of surety or wraten obligation in the nature thereof shall be va lid and binding upon the corporation when signed by the Chairman of the Board,the President,any Vice President or any Treasurer and duly attested and scaled.via seal is required,by any Secretary or when signed by the Chairman of the Board,the President,and Vice President crony Treasurer and countersigned and sealed,if a seal Is required,by a duly authorized attorney-m-fact or agent and any such bond,undertaking,recognizance.consent of surely or written obligation in the nature thereof shall be valid and binding upon the corporation whenduly executed and sealed,ifs seal is required,by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their powers of attorney. This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COMPANY at a meeting duly called and held on the 14th day of January, 1980,and that said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,DEV ELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary,and its corporate seal to be hereunto affixed this 14th day of January, 1980. - DEVELOPERS INSURANCE COMPANY aXa Ir t m B Paul E. Grif r Secre y STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On this 24th day of August, 1981, before me personally came Paul E.Griffin, Jr., to me known, who being by me duly awom,did depose and say:that he Is Secretary of DEVELOPERS INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. ETMA IAL SEAL MAR ROBERTSON [:NMOY LIC- CALIFORNIAGELES COUNTYxpires OCT 23, 1984 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. 1 the undersigned Vice-President of DEVELOPERS INSURANCE COMPANY.a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article IV,Sections 11 and 12 of the By. , laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at Los Angeles,California,this 3Otly of November 19 81 0204f!ek - arry C.Crowell,Vice-President ,r CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND BOND NUMBER 101982 PREMIUM $8, 350 . 00 WHEREAS, the City Council of the City of Palm Springs , State of California, and VTI I AGF RACQ II T r.1 11R ASSOCIAT (hereinafter designated as "principal " have entered into an agreement whereby principal agrees to- install and complete certain designated public improvements, which said agreement, dated MAR 19 1981 19 and identified as project Tract No 10855 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS INSURANCE COMPANY , as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("City") , in the penal sum of Eight Hundred Thirty-five Thousand dollars ($ 835,000.) 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 thart�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 agreerknt/and any alteration thereof made as therein provided, on his or their part, iQ be kept\ and'performed at the time and in the manner therein specified, and in all/ res/pects acc6rdtng to their true intent and meaning, and shall indemnify and .save armless thejCity of Palm Springs, its officers, agents and employees,has therein stipulated, then this obligation shall become null and void; otherwise 't shall be andfremain in full force and effect. � �• ' II / , As a part of the obligatioIi�securted hereby and in addi,t`ion to the face amount specified therefor, there shall)be\included costs and reasonable expenses and fees, including reasonable attorneys fees , incurred by"' the City in successfully enforcing such obligation, al to be taxed as costs �,rfd included in any judgment rendered. . 0 . ``r � The surety hereby tip� lates an agrees that no change, extension of time, alterationior addition o the terms of,the agreement or to the work to be per- formed theieunder or t e specificatiori , accompanying the same shall in anywise affect its obligations on this bond, and i/t does hereby waive notice of any such change, extension of tilmei1 alteration orjaddition to the terms of the agreement or to the ',wbrk or to the specnfications'. I � ' i IN WITNESS WHERE9 this instrument has been duly executed by the principal and surety 'above named, on March llth lg 81 /LLAGE RACQUET CLUB/ASSOCIATES DEVELOPERS INSURANCE COMPANY Pri/hcipal Surety E VILLAGE CQUET CLUB,4 INC. , G neral Partner ack E. ord, President BYc / • ' A orney-in-Fact Larry R. Anderson TH i Genera Partner T ma s -Math Chief Executive Officer- ENG. EF- 6 9-15-77, u I 44 1 00WO 7 'r�,hgat - secured h yy SoChob I nablesahtI � be include 7� The i'9a ioq, a�j�Pn to bi s feesa aIteration'-L hereby tared aS-C; rmed thn or add. St- 0 chaaffnge, I is ob . r °r t t0 the a tes and nge li he s terms agree or t0 the Work 1 na°P t7me hes�bo ations- the ag eeat no and IN NEs or to tbe, spin c J eratio"ri and a t°dmp any Or WIT surety .abo a ner F' =fir pa �feby , th' P r thou+ N 0.1 F. tt ORANGE f MAR11 O 1 before me,a Notary Public in and for mind County and State,residing /W.- duly commissioned and sworn, personally appeared Larry R. Anderson / to me to be Attorney-m-Fact of DEVELOPERS INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto seit m hand and affixed m othctaI wal,the day and year stated in this certificate above. OfflvjALMAL MFrtPIN G, TOFICINSOiV i- ',} Av,: PIu1;!r -r,ALIFORNIA (j puinlGi"Ai Ovf ICE IN ' My Commission Expires 4.1 360212.E-66 '::.�.� ipy Cnmmisslon Exp Feb.10,1984 Notary Public , �i + I �yl IfY I kSaM«�w YiM]«4i a. �.q.awl+.v,�WuaWw.cc^�mw.�v^�w 1�zm -erii sa ' dn. 1 / .5 ware. u JnuF. w s x � rywgF'� uk�y -N N N � rp M9 .. jyacvr, �'%/�'}4' I +■u i +M'Sr' +2N Xyly I M'rrM �� �,�•M,tn J.NN vtry. - /ny 4fT!'-'Ihi AA 'lm X' "N' eTYrIYNv."ry��i.� r�'aglxy Rtnry n^°Pv.rn r. ,.F. y�^'•:•�'M�R9YfrNF^++rJP£(,1M1'+'i[ � ^1r K5.. yr Y P Efrr-JFJ*^c iw'xtat>:+�°o,oA'vrcvaNe'Fb�i'"f� Mill Ah m.c✓ ft9ry , 0 • DEVELOPERS INSURANCE COMPANY P.O. BOX 884 LOS ALAMITOS, CA. 90720 INCREASE OR DECREASE PENALTY BIDER AMOUNT417 000 . 00 BOND NO 101982-A PREMIUM $ l Incuded g " DEVELOPERS TNSURANCE COMPANY surety upon the bond of VILLAGE RACQUET CLUB A SOCIATES dated the 11th day of March , in the penalty of Four Hundred Seventeen Thousand Dollars ($ 417, 000. Lin favor of Clty OE Pa 1m Snrin05 (Obligee), at the request of said Obligee Larr R. Anderson decrease as is evidenced by Y signature hereto, does herebyx� the penalty of said bond to the sum of One Hundred Twenty Five Thousand Dollars (8 12-9, 000 . ) o, State of 111 County of 'mir,���id;; ss: On pl n 1 r r� 11 �fyQt ,before me a Notary Public in and for said County and State,residing therm,duly commission and sworn,personally appeared known to me to be Attorney-in-Fact of DEVELOPERS INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument inbehalf of the said corporation,and the duly acknowledged to me that such corporation executed the same. IN WITNESS WHEk�OF, I have hereunta:5eprTlY hand-ar d,affixed;my,offica}seal,the day and year stated in this certificate above. ''i r C My Commission Expires I GI" oI� �:ey COjTl i ., ,..,;i,re 2 L 1985 i Nortary Public ^"�" CITY OF PALM SPRINGS LABOR AND MATERIALS BOND BOND NUMBER 101982-A PREMIUM INCLUDED WHEREAS, the City Council of the City of Palm Springs , State of California, and Village Racquet Club Associates (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements , which said agreement, dated-UA944498j 19_, and indentified as project Tract No. 10855 is hereby referred to and made-apart 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors , subcontract- ors, laborers , materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Four Hundred Seventeen Thousand Five Hundred Dollars $417,500. , 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. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on March 11th , 19 81. VILLAGE RACQUET CLUB ASSOCIATES hip DEVELOPERS INSURANCE COMPANY �7r�incipal Surety s *� J� I T E VILLAGE RACQUET CL , INC. , General Partner ack E. 'G1'a�ss rd, President Attor ey-in-Fact 9 °DD.,� ��n •C\ -- — - _ Larry R. s nderson MATHEW..TyYPAZ.ASSOCL Tom, General Partner Thoma . Mathew, Chief Executive Officer ENG, EF 7 9177 STATE OF CALIFORNIA Los Angeles `Jss. COUNTY OF a March 9, 1981 E On before me, the undersigned, a Notary Public in and for ° Jack E. Glassford and Thomas R. Mathew V said State, personally appeared m — r G E known to me to be X the partners of the partnership 'a that executed the within instrument and acknowledged to me that such partnership executed the same. QRk'IC�A.T� �yFV %..°,xe SHIRLEY J. K?iGEL WITNESS m hand and official seal. NOTAR'! PUOLIC - CPLIFOP_NIA y LOS A"t:C,`_LES C06P1TY ; $ -�--�y, r G='=; R9y em7m. c::Glres !LIL 2, 1982 _ u Signatyre Shirley J. Krig&lr Name(Typed or Printed) (This area Far official mnanal seal) Stale ofj"r�ihV h'. County of s n On WI!tn R 11 �;)0 ,before me,a Notary Public in and for said County and State,residing' therein,duly commissioned and swom,personally appeared Larry R. Anderson known to me to be Ahomey-m Fect of DEVELOPERS INSURANCE COMPANY the corporation described in and that executed the within and (oregomg instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,(I have hereuntoset my hand and.affixed my official seal,the day and year slated in this certificate above. _. o�F,clnlhzL vllluiiI Ildlir,'-1 �V ' � °I�` " r" roe evvubur rnnrrerll ` My Commission Expires V 41N _ ^ ., CIPAL Oi FICE_ Li 360212-6.66 `� - 11 v cwl'inla is t ( p 1 eh )© 3E05 i Notary Public BON WR MAINTENANCE OF IMPROVEMENTS (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: ; That We, Village Racquet Club Associates as Principal , and ;'la'�..��''i�l'i as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of One Hundred Twenty-five Thousand Two Hundred Fifty Dollars ($ 125,250.0 , lawful money of.the United States of America, for the payment of which sum, well and truly to be made, we bind our- selves, our heirs, executors and successors , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that; WHEREAS the Principal has entered into or is about to enter into a written agreement with the City of Palm Springs , pursuant to the authority of the Sub- division Map Act of the State of California, for the improvement of the streets and easements offered for dedication on the final map of TRACT 10855 , and whereas this bond is required by said City in connection with the execution e of said agreement. WHEREAS the Principal is requested to guarantee the costs of repair or replacement of defective improvement construction work or materials within said Subdivision, which guarantee shall remain in effect for a period of one year from the date of acceptance of work by the City of Palm Springs , California. NOW THEREFORE, if the Principal shall for a period of one year from and after the date of completion and acceptance of said work by said City, replace and repair any and all defective materials or defective workmanship with said improvements , then the above obligation to be void; otherwise to remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, 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 in- cluded 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 per- formed 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 ,,greement 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 Vi=2.7 CDII 111 . ?` VILLAGE RACQUET CLUB ASSOCIATES A limited partnership Principal ✓ Surety TH VILL GE CQUET CLUB, I . ,General Partner, ck E. �l sford President , �,'nsfo, ,� 1(� Atto� ney-in-Fact THE:. .TUPAZ:,ASSOCY'�ATES, General Partner ThoT@soC Mathew;_ Chief Executive Officer STATE OF CALIFORNIA COUNTY OF Los Angeles � — - EOn_ March 9, 1981 , before me, the undersigned, a Notary Public in and for ° U Jack E. Glassford and Thomas R. Mathew said State, personally appeared — m _ F c Q known to me to be--X--the partners of the partnership LL KCAL _ a that executed the within instrument and acknowledged to me t at OFFICIAL SEAL such partnership executed the same j cNIP.LEY �. l�l\I(,�L E.a'm '�'�''Siliv L09 V NOTARY PUBLIC - CA F CO13NJTY plicELES 19fS2 WITNESS my hand and official seal. JUL 2, m ,I ��� 114y can'im. ex. `oy Signature Shirley J. Krigel Name ITyped or Printed) (This area for affcial notarial seal) Slate of County of 0 MAR 9 On ��AR � 1 1981 ,before me,a Notary Public in and for said County and State, residing therein,duly commissioned and sworn,personally appeared Larry R. i?nderscin known to me to be Attorney-m-Frct of DEVELOPERS INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereuntoset my hand and affixed TTofhcial seal,the day and year staled in this certificate above. OF SEAL rr- Aeth r � l _] _ + I� Y4n_ II u u iJGTAFy ruBuc CALIFORNIA I prru+Ic!PnL OFFICE Ull ; ', il�Cl ( � rrtiYT��L My Commission Expires_ n^nnv.r urI u, ry d'y van i`u.,aan D ) ob 3 C�,11,04; Notary Public 360212.6.66 -._ _ 00 F BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS: rry That We, Villa9v RarnnPt fliih Ac;nriatac as Principal, and as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the sum of Seven Thousand One Hundred Dollars ($7,100.00 ) , lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has, or is about to enter into the annexed agree- ment with the City of Palm Springs pursuant to the provisions of the Subdivision Map Act of the State of California and the Sub- division Ordinance of said City, for the setting of survey mon- uments in accordance with the provision of Sections 11566 and 11592 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Tract Map, and WHEREAS the Principal, after setting the monuments , agrees to furnish the City Engineer of the City of Palm Springs written notice of the setting of said monuments and written proofs of having paid the Engineer or Surveyor for the setting of said monuments , all in accordance with the requirements of City ' s Subdivision Ordinance. NOW THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the times and in the manner :specified therein, and shall make full payments to all contractors , their subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement in the prosecution of the work provided for in said agreement, then the above obligations shall be void and of no effect; otherwise, it shall be and remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition, t:o the terms of the agreement or to the work or improvements to be performed thereunder or to the plans or specifications attached to :;aid agreement shall in any wise affect its obligations on this bone , and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the agreement or to the work or improvements or to the plans or specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay in addition to the above specified sum all costs incurred by the City in such suit, including a reasonable attorney' s fee to be fixed by the Court. WITNESS OUR HANDS this day of 19" VILLAGE RACQUET CLUB ASSOCIATES A limited oartnershia _ Principal Surety E t441 Ef 915 ATTORNEY-IN-FACT I LAGS RA T CLUB,INCI eneral Partner,, fk LGl�a'ss#�rd, Pr ident t t ...,.'s,7 ri Ali ; d - — —.� NA?FIEW�,/T�1� Z.A SOCK{ HS'4 General Partner Thomas--R`. �athew, Chief Executive Officer SPATE 01: CALIFORNIA Los Angeles COUNTY OF March 9 1981 E On , before me, the undersigned, a Notary Public in and for ° Jack m E. Glassford and Thomas R. Mathew said State, personally appeared _ r `E E known to me to be X the partners of the partnership a that executed the within instrument and acknowledged to me that �`i+ FT-"Al, `m such partnership executed the same. SHIRLEY,[. KRIGEL .� f;U' � NOTARY PUBLIC - CALIFORNIA WITNESS my hand and official seal. �?;'c�, LUS AsIUEL`S COUPIIY cxpiros JUL 2, 1932 ,,,✓�L�✓�' /J Signature Shirley J. Krigel Name(Typed or Printed) (This area for official notarial seal) State of Wi''.V, County of "I�i7S f ss: lY AR �� 1981 ,before me,a Notary Public in and for said County and State,residing On therein,duly commissioned and sworn,personally appeared Larry R. Anderson known to me to be Attorney-m-Fact of DEVELOPERS INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who -executed the said instrument in behalf of the said corporation,and he duty acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereuntoaet my,hand,and aflixed,my ofluaal Teal,the day and Year staled in this certhcate above, cFrtrL tni „1 iCt n MOM C1IUJii 4R IW L U ICE 1 J My Commission Expires Notary Public - G t 1t G`ono�i $100 C P fg -0,1 F°:I 360212-6-66 r _ r