HomeMy WebLinkAbout01666 - PS SUNDIAL SUBDIVISION IMPROVEMENT TRACT 10346 PHASE II City ®f Palm Springs
Department of Public Works and Engineering
`e., "" * 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262
Tel:(760)323-8253 • Fax: (760)322-8360 • Web: www.paimspringsca.gov
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June 20, 2012 c
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The Insco Dico Group '— lv >
17780 Fitch, Suite 200
Irvine, CA 92614 M
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Attn: Yvonne M. Dean
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Re: Tract Map 10346, "Sundial"
Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision
Improvement Agreement (A1666) between the City of Palm Springs and Palm Springs Sundial, a
Partnership, related to Tract Map 10346, have been fully satisfied for the portion of the tract that was
not reverted to acreage. All of the bonds called out below may be released at this time:
• Faithful Performance Bond; Bond No. 101135 $ 0.00
• Labor/Materials Bond; Bond No. 101135-A $ 0.00
• Monumentation Bond; $ 0.00
• Maintenance &Warranty Bond; $ 0.00
All improvements for Tract Map 10346 Phase 1 were completed and accepted by the City on
September 12, 1980. On June 6, 2012, the City of Palm Springs City Council approved Parcel Map
36387 for reversion to acreage for the Phase II portion of the Sundial tract and the Parcel Map was
recorded June 15, 2012 as Instrument No. 2012-0276748 in Map Book 233, pages 91 through 93.
Thus, all bonds associated with Tract Map 10346 can be released at this time.
If you have any questions, I can be reached at (760) 323-8253, extension 8741.
Sincerely,
W J'am�
Carol Templeton
Engineering Associate
cc: Yvonne Dean with Insco Dico Group via ernaff;Jasmin Carmody with Insco Dico Group via email;Bill Baron via
email, Marvin Roos with MSA Consulting, Inc. via email,Chuck Hams with MSA Consulting, Inc. via email;James
Thompson, City Clerk;PM36387 file
Post Office Box 2743 • Palm Springs, California 92263-2743
City C1erk .Copy
Palm Springs Sundial - Subdiv
Impr Agr Tr 10346-Phase II
AGREEMENT YP1666 (Original)
PHASE II 12-4-80
CITY OF PALM SPRINGS — — —
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this % day of 19j -�,
by and between p tner h'
hereinafter collectively re erred 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
No. 10346 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 $ 441,700.00 ;
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 1034G 11 , 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 $ 441,700.0o to assure the
faithful performance of this Agreement, and one bond in the sum of3 220,85O.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 $ 66,255.00 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.
A
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 $ 5,500.00 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 Map 10346 " 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 alter
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.
a
Subdivision Improvement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the'
day and year first above written.
SUBDIVIDER: /J
BY: ✓ � l T �� �g
If
Curtis G. Frame, A Partner
P.O. Box 2383
Address
Palos Verdes Peninsula, CA 90274
City
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Dept City Clerk �' City Manager
REVIEWED & APPROVED C,
1�I
ENG. EF 5
8/76
TO 194E CA 16-74(Partnership) Da
STATE OF CALIFORNIA
COUNTY OF Orange } ss. DICO
On October 20, 1980
before me, the u der 'gned, a Not r Public and for said State, personally appeared
Curtis �. `rame anc� Myrna �. Frame
W
W
W
I
W known to me
to be--gel}er-a of the partners of the partnership
m that executed the within instrument,and acknowledged to me "' G f C�'t AC I
that such partnership executed the same.
WITNESS my hand and official seal. f oT 4 "U��u Cttlru,tLl4
Ft'PJC'ML CFFIC7 IP•
r 4GLI 91
r 7 � t'efP
Signature
(This area for official notarial sea])
CITY Of PALM SPRINGS BOND NO. 101135-A
LAbOR AND NJOLRIALS !BOND � PREMIUM: INCLUDED
liiLliL,4S , Life City Council of the City of Palm Sprinys , State of California,
PALM SPRINGS SUNDIAL, a Partnership
,r_ivaiLcr desiynaLed as"principal ") have enCered into an agreement whereby
principal ayruus to install and complete pertain designated public improvements ,
„hILn ;aid ayrecmunL, daLed_DE 4-198019__, and indentified as project
TRACT NO. 10346 is hereby referred to and
Ilia I a jiarL Ilereot ; and
MILRCAS , under the terms of said agreement, principal is required before
uiiLor�ny upon Luc perrormance of the work, to file a good and sufficient payment
baiid with Lhc CiLy or Palm Springs to secure thu claims to which reference is
nwde in Title 1b (conuuencing witli Section 3D82) of Part 4 of Division 3 of the
L i v I i Cudc of the ;tale of California .
fruu, TIILkD a kL, said principal and the undersigned as corporate surety, are
li,- ld firmly bound uwitu the City of Palm Springs and all contractors , subcontract-
urs , laboror,. , inaterialmen and other persons employed in the performance of the
aiurusaid rgreunienC and referred to in tkie aforesaid Civil Code, in, the sum of
TWO HUNDRED TWENTY THOUSAND EIGHT HUNDRED FIFTY --------- Dollars
$ 20, 850.0}Q for materials furnished or labor thereon of any kind, or for amounts
due unuur 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
efluct.
The surety hereby stipulates and ayrees 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.
1N WITNESS WHEREOF, this o� OBn 20th been duly$�xecuted by the principal
and surety above named, on 19_
PALM SPRINGS SUNDIAL, a Partnership DEVELOPERS INSURANCE COMPANY
Principal Surety
BY: V %� Goa- BY:
Attorney-in-Fact
Albert H. Brunet
BOND NO. 101135
• PREMIUM: $6, 625 . 00
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs , State of California,
and PALM SPRINGS SUNDIAL, a Partnership
(hereinafter designated as "principal ") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated P E C 4 198019,, and identified as project
Tract 10346 is hereby referred
to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and DEVELOPERS INSURANCE COMPANY ,
as surety, are held firmly bound unto the City of Palm Springs, hereinafter called
("City") , in the penal sum of FOUR HUNDRED FORTY ONE THOUSAND SEVEN HUNDRED---
dollars ($ 441, 700 J awful 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 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 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 20th 1980 .
PALM SPRINGS SUNDIAL, a Partnership DEVELOPERS INSURANCE COMPANY
Principal Surety
BY: ,� � tea!• ��o' BY:
Attorney-in-Fact
Albert H. Brunet
ENG. EF 6
9-15-77
df 0
State of
County of ss: T (} t t]p
On OCT j2y 0 980 ,before me a Notary Public in and for said County and State,residing
therin,duly commissioned 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 in behalf of the said corporation,and the duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offical seal,the day and year stated in this certificate above.
I t o-it f r ILv�i i 1 (.t._.V r^'K-•C+ C.... ✓1i a �,�.$r.�
My Commission Expires
Nortary Public
` _ il';y 9�9idti:'I�41¢fd "V.
ro 1s.re cA 19 q41
(Partnership)
STATE OF CALIFORNIA
COUNTY OF Orange } SS. 0
DK0
on October 20, 1980
before me, the undersigned, a Notary Public in and for said State, personally appeared
Curtis G. Frame
w
rc
w
I
w known to me
to be Orie of the partners of the partnership - o nci t -
r that executed the within instrument,and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal. n '
oar�ctL„_ .-�
Signature—
(This area for official notarial step
of the Government Code of the State of California.
NOW THEREFORE, for valuable consideration, receipt of which
is hereby acknowledged, MESQUITE COUNTRY CLUB hereby grants to the
City of Palm Springs an open space easement on, upon, over, across,
and above the subject property and releases to the public for the
term of the leases with respect to the property described in Recital
"B" above and permanently with respect to the property described
in Recital "A" above the right to construct improvements thereon
except those improvements described in Recital "D" above or any
such similar improvements that may be constructed hereafter as may
be approved by the City of Palm Springs, which approval may not
be unreasonably withheld.
The granting of this easement and its acceptance by the City
of Palm Springs does not authorize and is not to be construed as
authorizing the public or any member thereof to trespass upon or
as granting to the public or any member thereof any tangible rights
in or to the subject property or the right: to go upon or to utilize
the subject property in any manner whatsoever except as those rights
may exist with respect to the bicycle and equestrian trails by virtue
of the requirements of Resolution No. 14814. It is understood that
the purpose of this easement is solely to restrict the uses to which
the subject property may be put so that its scenic value may be
preserved.
Grantor reserves the right to use the subject property in
any
State of I:GdI�Lh,
County of i'7 ss:
On OCT 2 0 1989 ,before me a Notary Public in and for said County and State,residing
therin,duly commissioned 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 in behalf of the said corporation,and the duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officalseal,the day and year stated to this certificate above,
My Commission Expires
Nortary Public
TO 1996 CA IB 791
(Partnership)
- STATE OF CALIFORNIA
COUNTY OF Orange } SS. 0
DKM
TOn October 20, 1980
before me, the undersigned, a Notary Public in and for said State, personally appeared
Curtis G. Frame
w
a
w
x
u known to me
a to be one of the partners of the partnership
mthat executed the within instrument,and acknowledged to me {r IclAL S111L
that such partnership executed the same. v F f, „- ^�r11-p "I
WITNESS my hand and official seal. (,Gi:=-tY PLpIIC Caui o'1�w
.--�� PPjNClPP,L 6FFICE 1,11
0r111'EC u 1
nsaur Eau 0 9u'1
SignatureLZZ(�
(This area for official notarial seai)
enforceable restriction pursuant to the provisions of Section 8 of
Section 8 of Article XIII of the California Constitution and shall
bind the Grantor and its successors and assigns and each and all of
them and shall and is intended to run with the land.
Dated this day of September, 1985.
MESQUITE COUNTRY CLUB
A California corporation
By:
JAMES F. TEMPLE
President
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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 Russell P. Tomlinson, Albert H. Brunet and
Marcus E. Green jointly or severally
its true and lawful Attorney(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, recognicances or other written obligations in the nature thereof
and to bind the Corporation there by as fully and to the sa me exte nt 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)-m-Fact may do in the premises
This'Dower of attorney is granted pursuant to Article IV,Section I I and 12 of By-laws of DEVELOPERS INSURANCE C01WPANY adopted on the 301h
day of March, 1979,and now in full force and effect.
Article IV,Appointment and Authority of Resident Assistant Secretaries,and Atom ncy-m-Fact and agents to accept Legal Process and Make Appearances
Section I I The Ch ounno of the Board,the President,any Vice President,any Secretary or any I reasurci may appoint attorneys-in-fact oragents with power and authority,
as defined or limited in their respective power of attorney,for and on behalf a]the corporation to execute and deliver,and affix the seal of the corporation thereto,bands,
undertakings,recognizances,consents of surcty or other written obligations in the nature thereof and a ny of sand officers may emove such attorney-m-hint or agent and revoke
the power and authority given to him
Section 12.Any bond,undertaking,recognizance,consent of surety or written obligation m the nature thereof sha II be valid and bmdmg upon the corporation when signed by
the Chmrm:m of the Board,the President,any V ice P i esident or any Treasurer and duly attested and sealed,if a seal is required,by may Secrctury or when signed by 0te Chairman
of the Board,the President,a nd Vice President or any Treasurer and countersigned and sealed,it a seal is required,by a duly authorized attorney-m-fact or agent and any such
bond,undertaking,recognizance,construct surely or written obligation is t m nmrurc i hercol shall be valid and binding upon the corporation when duly executed and sealed,d a
seal is required,by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his to their powers of attorney.
This power of attorney is signed and sealed 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,DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary,and its corporate seal to be
hereunto affixed this 141h day of January, 1980.
DEVELOPERS INSURANCE COMPANY
is
By
Paul E. Griffin, Jr., Secretary
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
On this lath day of January, 1980, before me personally came Paul E. Griffin,Jr,to in known, who being by me duly sworn,did depose and say: that he is
Secretary of DEVELOPERS INSURANCE COMPANY,the Corporation described m 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 u was so affixed by order of the Board of Directors of said Corporation
and that he signed his name thereto by hke order.
OFFICIAL SEAL,
q.'s MARY ROSEN
inn NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comm. pir�es, SEP 6, 1981 O �G
19436 Ventura Boulevard, Tarzana, CA 91356 Mary Rosen, Notary Public
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
I the undersigned Vice-President of DEVELOPERS INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the
foregoing and attached POWER OF AT I ORNEY remains ni full force and has not been revoked;and furthermore that Article IV,Sections I I 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 2Otttoy of October ' 1980
a,
{OHarry C. Crowell, Vice Presidr n[