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HomeMy WebLinkAbout01628 - FALCON LAKE PROPERTIES CONSTRUCTION SUBDIV IMPR TRACT 1379203 PAL,t� O� SO - 1p N City of Palm Springs • (' A1 , 1 14` 0HN f A c"�l/fORN�P P.O. Box 1786, Palm Springs, California 92263 (714) 323-8253 DEPARTMENT OF COMMUNITY DEVELOPMENT - ENGINEERING DIVISION RE C E IV 1* ' NOTICE OF ACCEPTANCE P 131986 f ITY O FRK FOR x-] PUBLIC AND/OR 0 PRIVATE IMPROVEMENTS TO: Falcon Lakes Properties ACCEPTANCE DATE: September 17, 1986 34567 Cathedral Canyon Drive PROJECT: Tract 13792-3 Palm Springs, California 92264 Cathedral Canyon Country Club This is to inform you that the following improvements have been inspected and found acceptable to the City: PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing L.F. Curbing L. F. Street Paving —S.F. Street Paving S.F. Sidewalks S.F. Sidewalks S.F. Driveway Approaches S .F. Driveway Approaches S.F. Bike Paths S. F. Bike Paths S.F. Sewer Mains _ L.F. Sewer Mains L. F. Sewer Laterals L.F. Sewer Laterals L.F. Sewer Manholes Ea. Sewer Manholes Ea . Storm Drains L. F. Storm Drains L.F. Survey Monuments 44 Ea. Survey Monuments Ea. Location : Calle Loreto C.P.S. Drawing No s . Tract 13792-3 Permit No. Contractor(s) actually doing work Sanborn/Webb Inc. Notify your bonding company/bank to release the following bonds : No. _ in the amount of $ Performance No. in the amount of $ Labor & Materials No. Instrument of Credit in the amount of $ 9,000 Monuments No. _ in the amount of $ Maintenance Security Construction bond in the amount of for Engineer Sanborn/Webb Inc. Bond Co./Bank United California Bank Comments Spp attached 1 .t r_from_Sanb_Q-rnLWebb Inc. , dated September 14, 1984 Submitted by Approved by . 1 a ' s e urvey Party Chief Robert L. Mohler Approved by Engineering Manager Jo angione Di V, of Community De lopment Distribution: Original to Addressee; Copies to City Clerk, Engineering File, Chief P.W. Inspector, Building, General Operations , Sanborn/Webb Inc. Index No. 8629 i September 14 , 1984 Mr. Bob Mohler City of Palm Springs A? E is E i V rE U P. 0. Box 1786 Palm Springs, Ca. 92263 S �� ` Re: Tract No. 13792-3 CITY CLERK Cathedral Canyon Country Club Dear Bob: Enclosed is the Certificate of Correction prepared by this office to correct discrepancies on Tract Map No. 13792-3; Please have the City Engineer sign the Certificate and then send on to the County Recorder's office for recordation. Also enclosed are copies of the tie notes prepared by us (3 sheets) for City Engineering Department to check the monuments set. Please con- sider this letter to certify that all monuments for Tract No. 13792-3 have been set and that we have been paid in full for work performed on said Tract. Ile request that the monument bonds be released for this Tract. If you have any questions, please do not hesitate to contact me. Sincerely, SANBORN WE B, INC. J Son i i e President JS;jl Encl . 600 E Tahquitz-Mc Callum Way•Palm Springs.CA 92262 Telephone (619)325-2245 PALAi 01 _ Z r N City of Palm Springs Y Y yf ° •°,.,,•"' C A 1. I PORN [ A Oq[/fORN�P P.O. Box 1786, Palm Springs, California 92263 (714) 323-8253 DEPARTMENT OF COMMUNITY DEVELOPMENT - ENGINEERING DIVISION .NOTICE OF ACCEPTANCE FOR ❑ PUBLIC AND/OR ® PRIVATE IMPROVEMENTS TO: Falcon Lakes Properties ACCEPTANCE DATE: September 4 1984 34567 Cathedral Canyon Drive PROJECT: TR 13792-3 Palm Springs, California 92264 Cathedral Canyon Country Club This is to inform you that the following improvements have been inspected and found acceptable to the City: PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing L.F. Curbing 5659 L.F. Street Paving S.F. Street Paving 77090 S.F. Sidewalks S.F. Sidewalks S.F. Driveway Approaches EA. Driveway Approaches 42 EA. Bike Paths S.F. Bike Paths S .F. Sewer Mains L.F. Sewer Mains L.F. Sewer Laterals L.F. Sewer Laterals L.F. Sewer Manholes Ea. Sewer Manholes Ea. Storm Drains L.F. Storm Drains L.F. Survey Monuments Ea. Survey Monuments Ea. Location: Calle Loreto C.P.S. Drawing No s . 2568 Permit No. 8234 Contractor(s) actually doing work Massey Sand & Rock Franci, Markley Notify your bonding company/bank to release the following bonds : No. Instrument of Credit in the amount of $ 234,000.00 Performance No. Instrument of Credit in the amount of $ 117,000.00 Labor & Materials No. in the amount of $ Monuments No. Instrument of Credit in the amount of $ 35 ,000.00 Maintenance Security Construction bond in the amount of for Engineer Band Co./Bank Uni ed California Bank Comments * May he released one year after date of acceptance a— Submitted by u,__ Approved by Chief P lic ns e for Robert L. Mohler Approved by Assistant City Engineer J n A. Mangione Di of Community Avelopment Distribution: Original to Addressee; Copies to City_ Clerk, Engineering File, Chief P.W. Inspector, Building, General Operations Index No. 8430 'Oalcon Lake Properties - Con- CITY OF PALM SPRINGS struction Subdiv Impr - Tract 13792-3 SUBDIVISION IMPROVEMENT AGREEMENT AGREEMENT #1628 (original) 8-7-80 THIS AGREEMENT, made and entered into this ) day of by and between Falcon Lake Properties , a limited partnership hereinafter collectively referred to as "Subdivider" and CfTY 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. 13792-3 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 $ 234,000.00 -------------------------; 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. 13792-3 " a copy of which is now on file in the office of the City Engineer of the City and which is referred to and .ncorporated 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 $234 OOO.DO ------ - to assure the faithful performance of this Agreement, and one bond in the sum of) 117,000.00 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 in the amount of $ 35,00o.o0 --------- Said maintenance bond shall remain in effect for a period of one year from date of acceptance of the improvements. 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 Df 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 9,000.00 —_to guarantee payment of the cost of setting monuments as stated in Item No. 3 of this agreement. 5. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to he 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 Vouch improvements within thirty (30) days from the approval of such "Improvement Plans for Tract No. 13792-3 " by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement, r 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 hinds itself, its executors, rdministrators 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. SUBDIVIDER: FALCON LAKE PROPERTfE, A Limited Partnership By: FALCON LAKrEN,/T'l: RISESINC. The General PaBy: James J. Rothschild, Jr. Tice, President By: James Sim<lr�, Secretary 34567 Cathedral Canyon Drive Address Palm Springs, CA 92264 ATTEST: CITY OF PA0 SPRINGS, CALIFORNIA deputy City Clerk City auger REVIEWED & APPROVED t,Uyl ul J ` ENG. EF' 5 8/76 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) Ss On June 10 1980 ) personally appeared James'before me the undersi ned J. Rothschil d J a Notary Public in and for said Slate, known to me to be the Vice , r known Co me to be the President,and James Si mk i n ' of Falcon Lake E �� Secretary executed the within inatrum, In ., the Corporation that the persons who executed the within ,own t m to 6, half of said corporation, said corporation being known to me to be the General Partner of Falcon Lake Proper- ties, the partnership that executed the within instru, --,--- ment, and acknowledged to me that such corporahon ' executed the same as such partner and that such part- 4, "."y'rS�� PE MAY nership executed the same 'c> NOTARY PUBLIC CALIfORNIA WITNESS my hand and official seal �F. !'+ Principal Office in Rluersitle County � (� My Commission Expires Sept. is,1981 Signature 7—: �_e_.� -_ (This area for official notarial seal) IN T H : CURVE O.aTii L/N6 Da7-4 CHORD BRG. CHORD A R G T BEARING O/ST• 1 N09.43' LONE 48.83 9.09' 13' 306.00 4B.89 24.50 1 N 12'47 28 E 60.00 TRACT 2 N 09.43' 18'E 49.73 9.09' 13' -274.00 46.33 21.93 2 N L N 37'42'W 56.75 BEING A P O R 3 N09.43' L8•E 43.73 9.09' 13" 274.00 43.77 21.93 3 N10.30133•W 43.10 4 N62.19'37'E 37.17 96'03'25' '25.00 41.91 27.79 4 NL6.56' 02'E 56.75 5 922-02-47-E 29.63 72'4P 21' 25.00 31.72 18.39 5 N33.06'42•W 67.16 Tp W N S H I 1 6 N 60.24'47-W 26.46 4'02' 39' 375.00 26.47 13.24 6 N 11.37'42NW 56.75 7 N71.03' 51'W H2.53 17.15'29' 375.00 112.95 56.91 7 N16.56' 02-E 56.75 8 N69.02'31'W 138.62 21•i8'Q8' 375.00 L39.42 70.53 6 N22.05' 30-E 12.94 9 N69.02' 31'W L28.64 21.1& OB' 346.00 129.98 65.45 9 NLON 16' 25NE 27.00 \I\� r �� F, \I r_ LO N32.55' 52'W 36.43 93'31'27' 25.00 40.81 26.59 10 N10'LO' 25'E 27.00 --�� 1 l�)1\1! 11 N74•40- 06-W 70.41 10'02'54' 402.00 70.50 35.34 11 NO2.391 LONE 25.00 12 SOS-14' 31'W 69.93 11•LO'42' 359.00 70.04 35.13 12 NO2.39' LO'E 60.00 13 Sao-14. 31'W 73.05 11.10'42' 375.00 73.16 36.70 13 NO2.39' LONE 60.00 14 SOO'W 3L'W 76.16 11-W 42' 391.00 76.28 38.26 14 NO2.39110'E 25.00 15 SLS'19'25'E 28.98 27.5/' 10' 60.00 29.27 14.93 15 N14.17' 54'E 73.30 16 N11.19'25•W 28.98 27.57' LO' 60.00 29.27 14.93 16 N14.17' 54'E 30.63 17 N16'37'45'E 2B.90 27.57' 10' 60.00 29.27 14.93 17 N14.17'54•E 13.67 18 N16.37'45'E 28.98 27.57' LON 60.00 29.27 14.93 18 N84.51' 19'W(R) 32.00 19 N 11.19'25-W 28.98 27.57' 10' 60.00 29.27 14.93 19 N 31-36' 33'E1R) 54.00 20 S11.19'25-E 20.9B 27.57' LO• 60.00 29.27 14.93 20 N65'53'26'E 13.00 21 S16.37'45'W 28.98 27'57' 10' 60.00 29.27 14.93 22 N M 37'45'E 28.95 27'57' 10' 60.00 29.27 14.93 23 S08'14' 31'W 100.32 11'LO'42' 515.00 LOO.48 50.40 24 S16'37'45'W 28.90 27•57' LON 60.00 29.27 14.93 25 Si6.37'45•W 20.98 27.57' LON 60.00 29.27 14.23 26 N11•L9'25'W 28,9B 27.57' LON 60.00 29.27 14.93 27 Nil•19' 25'W 28.98 27.57' ION 60.00 29.27 14.93 28 NL6'37'45'E 28.98 27-57' SON 60.00 29.27 14.93 29 N16.37'45"E 28.98 27-57' LON 60.00 29.27 14.93 30 N11.19'25'W 28.98 27'57' !ON 60.00 29.27 14.93 31 S11.19'25'E 28.98 27.57110' 60.00 29.27 L4.93 32 S09.13'42'E 02.35 23.45-44' 200.00 82.95 42.08 33 S09'13'42'E 88.94 23'45'44' 2L6.00 89.58 45.44 34 SO9.13'42'E 95.53 23.45'44' 232.00 96.22 48.81 35 S39.49' 24-E 16.04 37.25-41' 25.00 16.33 8.47 36 N11.43' 58'E 27.12 65'41'03' 25.00 28.66 16.14 37 1V5704'08"E 34f.Z5 'W'?4193' 25 Oa 37.79 e3.51 30 M83'01'07"E 53.47 P9.306K'44" 43.00 012.47 34.13 L rECUA�q LOT ,B 50.96' Cl C2 r T1Q N3Q'�sI•�NW RF IV47 /Sc 0'4 ca H eo- v% \ 0 c ' lose'9a.E P- B 6591 O 60.00 50.15 N 0 190.00 �E N 1O.5 , 59. 1C i 10 Y N13•g9 1'73 \ NO2.39' SO'E 41P)/\ E V' 15! 2•E C12 T34 C15`CS6 1f0.00 C1T�C c'0 1 13 1a 9 C�LGE 0.4ET0 6.6a l E;ta R�� r1s_e C2 LOT 0 7 b C2L LLO.00 C20 019 ,� NO2.39' 10-E 0 rva •ti� AN I" p C23 199.98 T7.30 NO2.39' 10'E Nb5.31'410W FIJ/"IP. DN6'TH61,E0 LI4/46 110,E r ' PTe TQRCT L3792•/ nqB /D71Z,142 T9 TIC)164 N 100 18'.z0 E NCO , V l ; (i111� P �•E / ��T �� \ 4ao, a 7 61JUG 3 ' 5'0 o b J f lJ y 90\ � 0 n w CITY OF PALM SPRINGS ` MAP NO . 13792 - 3 * ION OF WEST ONE - HALF SECTION 28 , 4 SOUTH , RANGE 5EAST , S.B. B. & M. IJ\Jr , jINc . J\y r1 Y , 1 i5J zzBdS/S OF BEiJR/NGS OD' TjJ,yEN AS N22005'30 E BE/NG r4 r BEiJR/NG OF CiJILE ljlgd voJS (LOT 'B) /JS 5//0" ON 7 M. B. /07/6/-62, AZ'M4DS OF 1'?1V6R5/DE COON 77-I11 TACT C-DA/7-17/it/1 //. 98 G,e_12U 771E ZZ UE BDRDZ-10• - -- -- ---- ----- -- - - SURVEYORS NOTES IN'ol'rwES FOC//%/D MONUMENTS SET /3792-/, Ad•B./07/6/-62,RECOfTOS OF Ri O /NO/GATES SET BRi1SS HE/lD "ONZI&i /J.C. oiJ t/E/WENT, STiJMPEO L.S 4/4(G. o /ND/C/JTES SET /" /.P. , 0.50'O90WIV,/JNG p'x Z"RE0.�VOOD .ST/JA SET 4ZZIf! iYT TjjGGEO L.S. 4/46 , UNLESS 07hlr IVISE NG ® fET 7,fCK Al TOP Of CUQB a,ZF'0,17f �v of r7,QE7Z7_/v TQP OF CIJ45 O IND/Ch'TEJ FOUNO Lff�Of TACK Q•,�5 OFfJ. To of Y7,eZfr// 72W of CUza ,vo e, z"v2•',QE'��voon �rAKE.s �ETF�as.�1.4r TifGGv.�l3 L.S.4/46' UN[E9S' OTF1Er�I'Y, z GOLF ��✓F�,S`E" ,o i? 16�W N t�i0g5g 19 — T v N OS'39' 17'E T3 NO2°39' 10`E �2> 297.71 43•i0 190.00 T / O O NO2.39' 10`E h�, '� N2t O�y6 O• 420.86 6 C2- 110.00 02 •� 21Fg / �M N 02439110'E C2 ® 029 T13 C32 pR'SQEEjig3 59 9s0.e6 �aryl ---- 420.86 - " 0`25/ „q/ 024 110.00, C34\C 1�Q g��ti "'VVV NO2•39 10`E Z30 T12 a� \� y B. SS 4C. �h��?, A, .. 30.�' n N1(ocp4 1l" W 337.26 NO2.08'35-E 6g �g T� 190.00 55 75 121.48 NO2.39' 10'E N02039' 10'E �lJ INSTRUMENT OF CREDIT Faithful Performance The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Two Hundred Thirty Four Thousand ---- -------------------------------- Dollars ($234,000.00 ) and on deposit by Falcon Lake Properties , a limited partnership hereinafter referred to as Improver, for the purpose of securing Improver's performance of all the terms and conditions of that certain Agreement for Completion of Improve- ment Work dated � � c;,;�:P I E i5'� by and between Improver and the City of Palm Springs , a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the completion of the improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's performance of the terms and conditions of said Agreement, signed by the Director of Community Development of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs . The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Community Development of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument of Credit bearing the same date guaranteeing payment of labor and materials under said Improvement Agreement by improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth . 1 of 2 pages By execution and delivery of this Instrument to the City of Palm Springs , the undersigned is relieved of any and all liability to Improver except as herein specifically set f rth Dated at California, this day of 19 By, L � The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth . Dated at %/asp+ w a California, this Zg�`� day of 9 19 �® Approved: Z , "�Fl f r T) )y_ Director of community Devjlopment City of Palm Springs a STATE OF CALIFORNIA COUNTY OF Riverside ss. On this 12th day of June 19 8r , before me, the undersigned, a Notary Public in and for said State, personally appeared Scott W. Rl�lerbroek Assistant Vice President , known to me to be the Of UNITED CALIFORNIA BANK , the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of the corpora- tion therein named and acknowledged to me that such corporation executed the some, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS /7/i and and officia seal. SIGNATURES L-4' � *a�.�.�s 411 1.1uw IGIPSiA_ NAME TYPEDSEAL Y OR PRINTED Beverly Ann Smith � . ?NIJ SMITHi Notary PvbLc in and for sold State ':-r d v1 � L ,..:f iN LY _� is-ns ive� S ihy CJBNP.irr'jdrl L 2"), Z30� A INSTRUMENT OF CREDIT jCabor an a erta The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government, hereby pledges that moneys to the extent of One Hundred Seventeen Thousand --------- ------------------------------- Dollars ($117,000 ) are on deposit by Falcon Lake Properties , a limited partnership , hereinafter referred to as Improver, for the purpose of securing payment to the engineer, contractor, his sub- contractors and to persons renting equipment or furnishing labor or materials to them for the improvement provided for in that certain Agreement for Completion of Improvement Work dated (its, _ , lr� " by and between a Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for payment to the engineer, contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them in construction of the improve- ments set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Imrpover in Improver's payment or payments as above set forth , signed by the Director of Community Development of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs . The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Community Development of said City to the effect that all said payments have been made and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument of Credit bearing the same date securing the faithful performance of said Agreement for Completion of Improvement Work by Improver. 1 of 2 pages By execution and delivery of this Instrument to the City of Palm Springs , the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. A t Dated at r ��yy _ California, this day By + The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth . Dated at ��- S California, this /1` day r of 19 88 Approved: a r Y14/Yuri ° Yajl1y o 'A ' i1 3 Dir ctor of Community Development Cit of Palm Springs STATE OF CALIFORNIA 1 COUNTY OFi Riverside J} ss. On this 12th day of June in and for said State, personally appeared Scott W. Ellerbroek 19 0 before me, the undersigned, a Notary Public Assistant Vice, president , known to me to be the within instrument and known to me to Of be the personTED who executtedrIA the wiitthin instrument ona abehalf of the executed cor lion therein named and ackn pora- owledged to me that such corporation executed the same, such corporation executed the within instrument pursuant to its by-laws or a resolution of its board and acknowledged directors to me that of WITNESS my nd and offe eal. All a ex t i,•.a .SIGNATURE_ NAME—TYPED SEAL e L� - Beverl ='T Cf Ld /fJ:J L " OR PRINTED -" ``s °" SMIT,g n Smith `,\ r: N07A,, yU;L;z. .^.n p 4 as p' aR1r,ic �,, - uruv;a Notary Public m and for said Srale `''F�'I0E IN ! dMY R V `.g DC COON is-nv u>a` �'*44a�aa�• ion 'xPires 111;Y 20, .10II0 j •Fo.00sa�a,atiu�aa�i INSTRUMENT OF CREDIT (Survey Monument Security) The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Nine Thousand----------------------- m _______________________________ Dollars ($ g,000.00 ) and on deposit by Falcon Lake Properties , a limited partnership , hereinafter referred to as Imrpover, for the purpose of securing payment of Engineer or Surveyor for setting survey monuments in accordance with the terms and conditions of that certain Agreement for Completion of Monumentation Work dated by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the completion of the Monumentation set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's monumentation of the terms and conditions of said Agreement, signed by the Director of Community Development of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Community Development of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument of Credit bearing the same date guaranteeing payment, faithful per- formance of labor and materials under said Improvment Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. 1 of 2 pages Dated at vn / ✓ California , this / __day of BY_A/ �� ` The undersigned , being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth Dated at ln' - �.yit� California, this �P� day of 19 Approved: Dir,'ctor of Community Delelopment Cit, of Palm Springs STATE OF CALIFORNIA COUNTY OF Riverside ss. On this 12th day of June gU 19_ , before me, the undersigned, a Notary Public in and for said State, personally appeared Scott W. Eli erbroek Assistant Vice President , known to me to be the Of UNITED CALIFORNIA BANK , the corporation [hat executed the within instrument and known to me to be the person who executed the within instrument on behalf of the corpora- tion therein named and acknowledged to me that such corporation executed the same, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my and and official se q/� SIGNATURE �r// +@•@lOp4@w@•a@@ooP n,n.,c,.Y@@@P@,. // `llJ1JJ tijih��.�. ♦ OFFICIAL SEAL @ (/ /•=s' SEAL • ="'�'t�3T9? C'_VERL.Y AfV[V SMITH NAME—TYPED @ `� ecsu'rl" IVDu�,r;l LY A @ OR PRINTED. Beverly Ann Smith �' G`-"s`r �y/ Ca LIFORNIq �^itilrSi PRINCIPAL OFFICE I Notary Public,nand for said Slate N♦ R14E^5'DE COUNTY • ♦ My Coalmission Expires Jul n ic.n9 1113L �wwww w,yww@o.,�:,wlava , Y 20, 1,,80 @ .W..:.s.oww@♦a INSTRUMENT OF CREDIT (Maintenance of Improvement Security) The undersigned, being a financial institution which is subject to regu- lation by the State of California or, by the Federal Government hereby pledges that moneys to the extent of Thirty Five Thousand --------------------------- Dollars ($ 35,000 ) .and on deposit by Falcon Lake Properties, a limited partnership hereinafter referred to as Improver, for the purpose of securing payment for the maintenance of all improvements in accordance with the terms and conditions of -that certain Agreement for Completion of Improvement Work dated ( c �¢ v by and between Improver and the City of Palm Springs , a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the maintenance of said improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's maintenance of improvements in accordance with the terms and conditions of said Agreement, signed by the Director of Community Develop- ment of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Community Development of said City to the effect that said Agree- ment has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instruments of Credit bearing the same date guaranteeing payment, faithful performance of labor and materials , monumentation under said Improvement Agree- ment by Improver. By execution and delivery of this Instrument to the City of Palm Springs , the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. i of 2 pages Dated at ✓l2 ,��yi�ryf, California, this --day of / 2�L�. 19By , The undersigned, being the Improver referred to in the foregoing Instru- ment of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at "I�w- California, this 1eq day r' of 1990 Approved: ���"� as�I Dir:ctor of Community e,'elopment Cite of Palm Springs STATE OF CALIFORNIA COUNTY OF Riverside ss. On this 12th day of June in and for said State, personal) a 1980 before me, the undersigned, Assistant Vic=ntpeared Scott W. El�erbroek g own to me Notary public — of UNITED CALIFORNIA BANK , the corporation that executed the be the xec within instrument and known to me to be the person d the within tion therein named and acknowledged to me that such orporat ont executed the sas d me, and acknowle on behalf of the corpora- such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors.d to me that andge WITNESS mynd and official s SIGNATURE— NAME— / � � / ••♦6n NTYPED SEAL • OR PRwreo Beverly Ann Smith • T,, r._, °;F;aa „ .'I" _JEAIN �F,L • AfyPd SMITFI A Nohary Pu6hc in and for smd • �� ' r Noi'ARr $laha ;'UUL�C A Vl R,lens ?,'Aar ° PRINCIPAL p CA, ♦ M R:vE,-s� IF iN