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HomeMy WebLinkAbout04782 - BROWN WEINER SUBDIVISION TM 30868 RAMON CAMINO PAROCELA Kathie Hart From: Marcus Fuller Sent: Monday, February 01, 2016 8:47 AM To: Kathie Hart; Rick Minjares Cc: Savat Khamphou;Gianfranco Laurie; Carrie Rovney;Tabitha Richards Subject: RE:A4782-Brown and Weiner(Parcel Map 30868 Ok to close. Marcus L. Fuller, MPA, PE, PLS Assistant City Manager/City Engineer Q�J r y City of Palm Springs 3200 E. Tahquitz Canyon Way CALIFORhLIA Palm Springs, CA 92262 (760) 322-8380 Like no plate else," Marcus.Fuller(alpalmsprinpsca.goy From: Kathie Hart Sent: Thursday, January 21, 2016 5:58 PM To: Rick Minjares Cc: Savat Khamphou; Gianfranco Laurie; Carrie Rovney; Marcus Fuller; Tabitha Richards Subject: A4782 - Brown and Weiner(Parcel Map 30868 FYI —The last note in the file is from Carol T in 2009 stating this agreement cannot be closed. May I request the status of this agreement? OK to close? Thankyoul KAMc Kathie Hart, MMC Chief Oepuuty City Clerk CALIFORNIA t:>La no p6co 41E... City of Palm Springs `c�0 (760) 323-8206 3200 E. Tahquitz Canyon Way L (760) 322-8332 Palm Springs,CA 92262 E- Kathie.Hart@PalmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. 1 Kathie Hart From: Kathie Hart Sent: Thursday,January 21, 2016 5:58 PM To: Rick Minjares Cc: Savat Khamphou; Gianfranco Laurie;Carrie Rovney; Marcus Fuller;Tabitha Richards Subject: A4782- Brown and Weiner(Parcel Map 30868 Attachments: AEX32 Print.pdf FYI—The last note in the file is from Carol T in 2009 stating this agreement cannot be closed. May I request the status of this agreement? OK to close? Thank you I Kathie Hart, MMC Chief Deputy City Clerk 14xt1 fCt CALIFGRN r Uke no p�xa cesa` City of Palm Springs (760) 323-8206 3200 E. Tahquitz Canyon Way r.� (760)322-8332 Palm Springs,CA 92262 Pt Kathie.Hart@PolmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. 1 • Page 1 of 1 Kathie Hart From: Carol Templeton Sent: April 13, 2009 1:16 PM To: Kathie Hart Subject: RE: A4782 - Brown And Weiner- Parcel Map 30868 Kathie, The City never received corner records for the monumentation work, so we are still holding several thousand dollars of monumentation bond. This can not be closed out. Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct(760) 323-8253 Ext. 8741 Fax (760) 322-8360 or 322-8325 C..aro.l.Tem-pleton@palms rings-ca,cov hftp:ilwww.qcode.us/codes/paimsprings/view.pho CONFIDENTIALITY NOTICE—This e-mail transmission,and any documents,files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that you must not read this transmission and that any disclosure,copying,printing,distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error,please immediately notify the sender by telephone at(760)323-8253 X8741 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. From: Kathie Hart Sent: Thursday, April 09, 2009 5:32 PM To: Carol Templeton Cc: Jay Thompson Subject: A4782 - Brown And Weiner- Parcel Map 30868 Carol: Has this been completed? OK to close? This was approved in 2003 and expired in 2004. Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 L (760) 323-8206 8 (760) 322-8332 Kathie.Hart@Palm5pringsCA.gov 04/14/09 PALM City of Palm Springs � l �y Department of Public Works and Engineering 3200 E. Tahquirz Canyon Way • Palm Springs,California 92262 F0 Tel:(760)323-8253 • Pax: (760) 322-8360 • Web: www.a.palm-springs.ca.us April 24, 2008 Noddle Surety & Insurance Services, Inc. 19507 Ventura Boulevard Tarzana, CA 91356 Attn: Mr. David Noddle Re: Parcel Map 30868 (Social Security Building by Brown 8r Weiner) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Brown and Weiner, a General Partnership, related to Parcel Map 30868, have been fully satisfied. The Desert Water Agency(DWA) waterline work has been accepted by DWA and the improvements were accepted by the City of Palm Springs as of June 4, 2005. The Maintenance and Warranty portion of the securities was previously released. The following subdivision security required by the agreement may now be reduced to the following amount: • Monumentation Security Instrument; Bond No. 836159S; $2,300.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Q �W Carol Templeton Engineering Associate Cc: A.Kearns via email;David Noddle via email;James Thompson,City Clerk;PM30868 file N cis. n• ,�_... �m - Iv rn 3r C")= rrt r7TS rC < m o rri Post Office Box 2743 Palm Springs, California 92263-2743 PALM City of Palm Springs i � . Department of Public Works and Engineering •oe"w 3200 E. 'fahquirt Canyon Wav • Palm Sprin ti Calihorni i 1 .)o c fQ�LtA Tel: (760) 323 8253 • f n. GO) 3?� R3G0 Wcb- cww.d.p Jm sprhics.ci.nn July 10, 2007 Noddle Surety& Insurance Services, Inc. 19507 Ventura Boulevard Tarzana, CA 91356 Attn: Mr. David Noddle Re: Parcel Map 30868 (Social Security Building by Brown & Weiner) Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Brown and Weiner, a General Partnership, related to Parcel Map 30868, have been partially satisfied. The Desert Water Agency (DWA)waterline work has been accepted by DWA and the improvements have been accepted by the City of Palm Springs as of June 4, 2005. The Maintenance and Warranty portion of the securities can now be released. The following subdivision securities required by the agreement may now be reduced to the following amounts: • Faithful Performance Bond; Bond No. 836158S; $0.00 • Labor and Materials Bond; Bond No. 836158S; $0.00 • Maintenance/Warranty Bond; Bond No. 836158S; $0.00 The following subdivision security required by the Subdivision Improvement agreement shall remain in full force and effect until the City is in receipt of a letter from Thatcher Engineering (the engineer of record) saying that the monumentation work has been completed and that they have been paid for the work. If another company will be completing this work, the City must have an equivalent letter from that company, along with a Certificate of Correction for Parcel Map 30868: • Monumentation Security Instrument; Bond No. 836159S; $2,300.00 If you have any questions, I can be reached at(760) 323-8253, extension 8741. Sincerely, C_ Odem Carol Templeton Engineering Associate Cc: A.Kearns we email,David Noddle via email;James Thompson,Cky Clerk;PM30868 file Post Office Box 2743 0 Palm Springs, California 92263-2743 1l .]I & Jije,- Subdivision AGREEMENT #4782 R20749, 10-1-03 Doc q 2003-81735,9 10/17/2003 08:00A Fee:NC Page 1 of 28 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Gary L. Orso Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: 1111111111111111 II 1111111111111111111111111111111111 RETURN TO, M S U PAGE SIZE W PCOR NOCOR SMF MSG. CITY CLERK CITY OF PALM SPRINGS BOX 2743 PALM SPRINGS,CA =63 A R L COPY LONG REFUND NCHG E%PM SPACE ABOVE FOR RECORDERS USE ONLY .'y) SUBDIVISION AGREEMENT A4782 - BROWN & WEINER Title of Document THIS-)/ ARREA tv ry/ I I W SO/ RE,/,14AOR�DJE USE/ ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STCSCSD WEE(Rev 8197) SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and BROWN AND WEINER, A GENERAL PARTNERSHIP TABLE OF CONTENTS 1.Construction Obligations........................................................... 1 1.1 Works of Improvement........................................... 2 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval......................................... 2 1.3 Intent of Plans........................................................ 2 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................................. 2 1.6 Changes in the Work.............................................. 2 1.7 Defective Work......................................... ............. 2 1.8 No Warranty by City............................................... 3 1.9 Authority of the City Engineer................................ 3 1.10 Documents Available at the Site............................ 3 1.11 Inspection............................................................... 3 1.12 Compliance with Law............................................. 3 1.13 Suspension of Work............................................... 3 1.14 Final Acceptance of Works of Improvement........... 3 2. Time for Performance....................................................... 4 2.1 Commencement and Completion Dates................. 4 2.2 Phasing Requirements............................................ 4 2.3 Force Majeure......................................................... 4 2.4 Continuous Work.................................................... 4 2.5 Reversion to Acreage.............................................. 5 2.6 Time of the Essence........... .................................... 5 3. Labor................................................................................. 5 3.1 Labor Standards...................................................... 5 3.2 Nondiscrimination................................................... 5 3.3 Licensed Contractors.............................................. 5 3.4 Workers' Compensation.......................................... 5 4. Security............................................................................. 5 4.1 Required Security.................................................... 5 4.2 Form of Security Instruments.................................. 6 4.3 Subdivider's Liability................................................ 7 4.4 Letters of Credit....................................................... 7 4.5 Release of Security Instruments.............................. 8 5. Cost of Construction and Provision of Inspection Service............................................................................... 8 5.1 Subdivider Responsible for All Related Costs of Construction............................................................ 8 5.2 Payment to City for Cost of Related Inspection i and Engineering Services........................................ 8 6. Acceptance of Offers of Dedication................................... 8 7. Warranty of Work.............................................................. 8 8. Default............................................................................... 9 8.1 Remedies Not Exclusive.......................................... 9 8.2 City Right to Perform Work...................................... 9 8.3 Attorney's Fees and Costs....................................... 9 9. Indemnity....................................-................................ 9 10 General Provisions............................................................. 10 10.1 Successors and Assigns......................................... 10 10.2 No Third Party Beneficiaries.................................... 10 10.3 Entire Agreement; Waivers and Amendments....... 10 11. Corporate Authority........................................................... 10 ii SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this / `S day of /�,Ya �B �. ��. 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California("CITY"), and Brown and Weiner, a General Partnership ("Subdivider"). RECITALS A. Subdivider is the ownerof, and has obtained approval of a subdivision map for Parcel Map No. 30868 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the public Lots "A", "B", and "C" for street and public utility purposes; and dedication of abutters rights of access along Ramon Road and Camino Parocela. City desires to accept the various public dedications as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans'). The estimated construction cost for the Works of Improvement is $229,350.00. 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "A" attached hereto. 1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 2 1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1.10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at anytime before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider orthe contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1,12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1,13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. Afterthe contractor has completed these items,the procedure 3 shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30)_days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfies. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently 4 pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractorto submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site. 4. Security. 4.1 Required Security. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the 5 requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $229,350.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $114 675.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$2,300.00 equal to 100%of the cost thereof. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of$34,400.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30)days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to 6 City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline forSubdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance underthis Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10)days after written demand therefor, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30)days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date; of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 7 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii)Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final 8 acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty(20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary 9 damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. 10 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Patricia A. Sanders, City Clerk David Ready, City Manager APPROVED AS TO FORM: City Attorney / SUBDIVIDER: Bro,,yn and Weiner, a General Partnership f ( One: ndividual, X partnership, _corporation) By., r Brown, General Partner Mailing Address: 6400 Variel Avenue u ri p_w, h of 6 N" gm Woodland Hills, CA 91367 A y78,,, 11 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Patricia A. Sanders, City Clerk David Read anager APPROVED AS TO FORM: City Arcomey SUBDIVIDER: ro and Weiner, a General Partnership e OnelBrow ndividual, X partnership, _corporation) B n, General Partner 1; Mailing Address: � PPRUYLED UY�HE CiTy COUNCIL Woo a Avenue �1�, 2-0-7� q Woodllandd Hills, CA 91367 Z 1� I&/7/ ?2&F1e59e�a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of -�\l ei I d Q I r a On Oct FS 20 T l 03 before me, �I V y, Nic_ka IV0TOLt 1�b�1C I Data 1 Name}annd�The of Officer( g,"Jane Doe,Nolollay Publl") personally appeared Dwyu H'• Re-inf! ir aIAN! c !Cic, .xthclerS , Names)of riffraff) personally known to me -evidence— to be the persot whose nairl 4 are JUDITH A.NICHOLS subscribed to the within instrument and ... - t COMM.#1261786 m acknowledged to me that /the executed W �7� Notary Public-California y the same in -hisN+e thei authorized RIVERSIDE COUNTY capacity es and that by thei My Caren.Exp.May 21,2004 signatur son the instrument the perso s , r - the entity upon behalf of which the persons acted, executed the instrument. ITNESS my hand and official sal. Slgnalu2 0l Nata Pub c OPTIONAL Though the information below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document (Grown and Attached We''� Title or Type of Document: SU W;f yi s10 n 1lHt,pro yi y in 'tnt ft;IrY"e-e m e tAT Document Date: V C..I g f O O3 Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: N V1r1 k. RPa y ate_ n,�4t1"- t4 (� Ssandf✓S ❑ Individual I Top of thumb hole X_Corporate Officer—Tltle(s): C l t.L V (I.VL 0.Q e r -A %t 4j ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 101A e r 01999 National Normry Association•9350 De Sole Ave PO.Box 2402•Chatsworth,CA 91313-2402•www,natenalootaryorg Pmtl No 5907 Reorder.Call Toll Free 1-3008766827 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII te2i�0izeoi�es3een CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of LOS ANGELES On AUGUST 22. 2003 before me, HELEN KIM, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E G,"JANE DOE,NOTARY PUBLIC" id personally appeared GARV BROWN NAME(S)OF SIGNER(S) Lk personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized HELENKIM capacity(ies), and that by his/her/their < Cl � signatures on the instrument the erson S , wi Notary Pubnc-California ( ) p ( ) Los Angeles County or the entity upon behalf of which the "^S comm. '29 2104- person(s) acted, executed the instrument. WITNESS my hand and official seal. a D k SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. I , f' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER SUBDIVISION IMPROVEMENT AGREEMENT TITLE OR TYPE OF DOCUMENT TITLES) Lh PARTNER(S) ❑ LIMITED � i ❑ GENERAL 25 PAGES - " ) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ;`;� ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: AUGUST 22, 2003 DATE OF DOCUMENT - I SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) BROWN AND diEINER SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave,P.O.Box 7184•Canoga Park,CA 91 309-71 84 t APPROVED BY PLANNING COMMISSIUh EXHIBITA Initials.,. APPROVED BY CITY COUNCIL March 5, 2003 rpm 3agc8 use n_3�._2.i�3, Oate3l�� Initial�- Brown and Weiner/Gary Brown „solution t_______ ordinance 4201 Ramon Road East APPROVAL SUBJECT TO ALL REQUIRED CONDITIONS BY ABOVE BODIES Tentative Parcel Map 30868 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief ortheir designee, depending on which department recommended the condition. Any agreements,easements orcovenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance,Municipal Code,oranyother City Codes,ordinances and resolutions which supplement the zoning district regulations. 2. The ownershall defend,indemnify,and hold harmless the Cityof Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents,officers or employees to attach,set aside,void or annul, an approval of the Cityof Palm Springs,its legislative body,advisory agencies,oradministrative officers concerning TPM 30868 and Case 3.2233. The City of Palm Springs will promptly notify the applicant of any such claim,action,or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. Ifthe City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense,the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement orfailure to appeal,shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s)and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, parking areas, landscape, irrigation,lighting,signs,walls,and fences between the curb and property line, including sidewalk or easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. s i 4. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 5. Prior to the approval of the Final Map the applicant shall prepare a preliminary street improvement, driveway, access easement, and parkway landscape plan for the entire subdivision. The plans shall address driveway locations, landscaping for access easements, screen walls, street trees and other design elements. The plans shall be submitted to and approved bythe Planning Commission priorto approval of the Final Map by the City Council. 6. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 7. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 8. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2%for commercial projects or 1/4% for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be, located on the project site,said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 9. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 10. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 11. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers m ust be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 12. Final Parcel Map shall be approved by the City Council prior to issuance of any building permits for any individual lot. i 13. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney,to be recorded prior to approval of final map. The CC&R's shall be enforceable by the City,shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,500, for the review of the CC&R's by the City Attorney. 14. Prior to any ground disturbing activity,including clearing and grubbing,installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines,shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 15. Given that portions of the project area are an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities and that,should buried deposits be encountered,that the Monitorhave the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and,if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officerand the Agua Caliente Cultural resource Coordinator for approval. 16. One copyofanycultural resource documentation generated in connection with this project, including reports of investigations,record search results and site records/updates shall be for forwarded to the Tribal Planning, Building and Engineering Department. POLICE DEPARTMENT: 17. Developershall complywith Section II of Chapter8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 18. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 19. Premises Identification:Approved numbers oraddresses shall be provided forall newand existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 20. Building or Complex Gate Locking Devices: Locked gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) i 21. Water Supplies: Contact Desert Water regarding to ascertain if the existing water system and fire hydrant#656 and#940 as shown in their map book, page 4-5-19-NW,can meet the required fire flow of 1500 GPM. 22, Fire Hydrant& FDC Location: A commercial fire hydrant is required within 30'feet of the Fire Department Connection(FDC). Fire Hose must be protected from vehiculartraffic and shall not cross roadways,streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. 23. Fire Department Connections:Fire department connections shall be visible and accessible, have 2.5 inch NST female inlets, and have an approved check valve located in the main line,as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. The FDC and supporting piping shall be painted OSHA safety red. 24. Location of Fire Department Connections:The connection inlets mustfacethe streetorfire access road. The face of the inlets shall be 12 to 18 inches horizontal from the back edge of sidewalk(or back of curb, if no sidewalk),and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of fire department connections, except groundcover plantings. 25. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white. Sign format will be substantially as follows: F. D. C. SERVES 425 S. SUNRISE WAY ALL BLDGS. IN COMPLEX 26. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.) (904.3.1 CBC) 27. Fire Extinguisher Requirements:Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. 28. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. EAST RAMON ROAD 3. Dedicate additional right-of-waytoprovide a propertyline-corner cut-back at the southeast corner of East Ramon Road and Paseo Dorotea in accordance with City of Palm Springs Standard Dwg. No. 105. 4. Dedicate additional right-of-way with a right-of-way line concentncwith the back ofsidewalk adjacent to the proposed bus turn-out. 5. Construct a 170 feet long by 12 feet wide bus turn-out, with adjacent 8 feet wide, colored concrete sidewalk, along the frontage in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional requirements,including furnishing and installing bus stop furniture and/or shelter may be required;contact Sunline TransitAgency for further details. 6. The existing curb,gutter,and sidewalk shall remain in place exceptfor removals necessary for the proposed bus turn-out. 7. All broken or off grade curb and gutter, sidewalk, or asphalt concrete pavement shall be repaired or replaced. 8. Driveway access to Ramon Road shall be prohibited. PASEO DOROTEA 9. No additional right-of-way dedication is required. The Tentative Parcel Map shall be revised to delete the additional 5 feet right-of-way dedication indicated across the project frontage. 10. Construct a 26 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. 11. Remove and relocate the existing marbelite pole and luminaire as required to construct the proposed driveway approach,in accordancewith Southern California Edison requirements. 12. The existing curb,gutter and sidewalk shall remain in place exceptfor curb cuts necessary for the proposed driveway approach. 13. All broken or off grade curb and gutter, sidewalk;or asphalt concrete pavement shall be repaired or replaced. CAMINO PAROCELA 14, The record drawing for the construction of Camino Parocela,(File No. 19-4-5-279),shows that street improvements were constructed within existing right-of-way. As such, no additional right-of-way dedication is required. However, the Tentative Parcel Map shows encroachment of existing street improvements onto private property. The developer shall verify the encroachment indicated on the Tentative Parcel Map and submit field survey notes or other documentation to the City Engineer that demonstrates the encroachment(if any). In the event of the verification of any encroachment,a dedication of sufficient width to locate existing street improvements within public right-of-way shall be required. The Tentative Parcel Map shall be revised as required to accommodate this condition. 15. All broken or off grade curb and gutter, sidewalk, or asphalt concrete pavement shall be repaired or replaced. 16. There shall be no vehicular access to Camino Parocela, and limited vehicular access to Calle Santa Cruz and Paseo Dorotea. (See Planning Condition Number 5) CALLE SANTA CRUZ 17, Construct a 5 feet wide sidewalk across the frontage of Parcels 2 and 3, in accordance with City of Palm Springs Standard Drawing No. 210. 18. All broken or off grade curb and gutter, or asphalt concrete pavement shall be repaired or replaced. SANITARY SEWER 19. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manhole. 20. Construct an 8 inch sewer main across the Camino Parocela frontage, as required to provide sewer service and connections to Parcels 4 and 5, unless otherwise approved by the City Engineer. 21. Unless otherwisewaived by the City Engineer upon verification that Parcels 4 and 5 can be provided with sewer service from existing sewer mains,submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department for review and approval. Submittal shall be made prior to approval of a Parcel Map. The plan(s)shall be approved by the City Engineer prior to issuance of any building permits on parcel(s) to which the sewer main will provide sewer service and connections. Minimum submittal shall include the following: A.. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 22. All sewermains constructed by the developer and to become partof the Citysewersystern shall be televised by the developer prior to acceptance of the sewer system by the City of Palm Springs. GRADING 23. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading and Paving Plan. 24. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep to keep nuisance water from entering the public streets, roadways, or gutters. 25. Developer shall obtain a General Construction Activity Storm Water Permit from the Regional Water Resources Control Board(Phone No.760-346-7491)and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 26. In accordancewith City of Palm Springs Municipal Code,Section 8.50.05(c),the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 27. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part ofthe grading plan forthe proposed site.A copyof the soils report shall be submitted to the Building Department and to the Engineering Department alongwith plans,calculations and other information subjectto approval bythe City Engineer prior to the issuance of the grading permit. 28. Contact the Building Departmentto get information regarding the preparation of the PM1 0 (dust control) Plan requirements. 29. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project,applicants forgrading permits involving a grading plan and involving the exportofsoil will be required to presenta clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange;Riverside,and Los Angeles Counties"(RIFA Form CA-1)or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert.(Phone: 760-776-8208). DRAINAGE 30. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off- site drainage structures are unavailable orcannotcontain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacityof offsite drainage structures (if any exist), and to determine required stormwater runoff mitigation measures for this project. Increased stormwater runoff generated by development of this project shall be collected on-site and detained prior to release off-site to the adjacent streets. An on-site storm drainage system, acceptable to the City Engineer, shall be designed and constructed to collect and intercept on-site stormwater runoff. Provisions shall be made to intercept nuisance water generated by the development from entering the public streets. 31. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 32. The minimum pavement section for all on-site parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The pavement section shall be designed, using 'R" values, determined by a licensed Soils Engineer and submitted with the Grading and Paving Plan to the City Engineer for approval. 33. The on-site parking lot shall be constructed in accordancewith Cityof Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 34. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch, in accordance with City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 35. All proposed utilities shall be installed underground, F Y ) 36. All existing utilities shall be shown on the grading and/or street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 37. The original grading,street,storm drainage,and other improvement plans approved bythe City Engineershall be documented with record drawing"as-built"information and returned to the Engineering Department prior to issuance of the certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 38. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does orwill exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 39. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 40. The Title Report prepared for subdivision guarantee of the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the first draft of the Parcel Map to the Engineering Department for review and approval. 41. The Parcel Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 42. In accordancewith Government Code Section 66426(c),theTentative Parcel Map shall be revised,and the Parcel Map shall state,thatthe Parcel Map is for commercial development purposes. 43. In accordance with Government Code Section 66411.1,this Parcel Map is a subdivision of five or more lots (parcels), and is subject to the construction of all required public improvements prior to approval of the Parcel Map, or subject to a secured agreement for construction of the required public improvements in accordance with Government Code Section 66462. 44. A reapportionment of the existing assessment(if any)against the property, identified by APN 680-071-004,shall be performed atthe expense of the propertyowner,orthe existing assessment shall be paid in full, prior to City Council approval of the Parcel Map. 45. Drive way access to Ramon Road shall be prohibited on the Final Parcel Map. :f k Y J TRAFFIC 46. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the East Ramon Road, Paseo Dorotea, Camino Parocela, and Calle Santa Cruz frontages of the subject property. 47. A 30 inch"STOP"sign and standard "STOP BAR"and"STOP LEGEND"shall be installed in accordance with Cityof Palm Springs Standard Drawing No.620-625 forvehicles exiting the on-site parking lot onto Paseo Dorotea. 48. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing,lighting and barricading shall be in accordancewith State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones," dated 1996, or subsequent additions in force at the time of construction. 49. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits. Ex Aecuted in Four (4) Parts Bond No. 836158S Premium: $4, 587 . 00 is for a term of 2 years CITY OF PAW SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the C kv of Palm Springs, State of California, and Brown and Weiner, a General Partnership (herein designated as "Principal') have entered into an agreement whereby Principal agrees to Install and complete certain designated public improvements, which said agreement, dated , 2003, and identified as Parcel is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Developers Surety and NOW, THEREFORE, we, the Principfrl and Indemnity company as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "city"j, in the penal sum of Lye Hundre -Nin 7ho nd Three Hundred Fitly and 00/100 dollars ($229,350.00) lawful money of the.Uinited States, far the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally,firmly b�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 indemnlfy 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 aarees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompat1ying the same shall in anywise affect its obligations on this bond, and it does herebywaive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Page 1 6T2 >a Faithful Performance Bond IN WITNESS WHEREOF, this instrument has been duly executed bythe Principal and Surety above named, on September 2 2003. a Browh`andVVPE"' er, a General Partnership By: Ga�ty gown, General Partner SURETY 9 Developers Surety and By: Indemnity Company By: (Surety Name) , 1g me a ct D'a'v i d N-o d e (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y_'JC'�'!'FK',fiC'.t��v�'�^-Gr��.ram-�",�.",<`^.�K'-FC'.<Y'^t^.�`.�•l'—^��-v^.i,C,r(..i�".c�!>c`C)CM.�'.<"(•�`C)C`C'-C�'.<`('.cK>c`C`.C�"�^-c•C`���.—"4�2ti S r S r, State of California T� fi County of Los Angeles � On � � � ' before me, Christopher Sohn Rizzotti, Notary Public Dale Name and Tme al 011¢er(e g `Jane Doe,Notary P.:e--) personally appeared David Noddle Names)of Signerls) X personally known to me-OR-,Lxproved to me on the basis of satisfactory evidence to be the persons) ? S whose name(s) is/are subscribed to the within instrument r' F and acknowledged to me that he/she/they executed the 2 same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, t� executed the instrument. r „ t U WITNESS my hand and office I seal �� Signature ohN-glory Pubic ' OPTIONAL Though the mformatron Date is not required by la tr,rf may prove valuable to persons relying on the document aid could prevent fraudulent removal and'rearachment of thts form to another document h c; Description of Attached Document Title or Type of Document: Document Date: Number of Pages: M1 v M1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual - Individual ti Corporate Officer - Corporate Officer ? Title(s): Title(s): s, T - Partner—= Limited General - Partner—_ Limited - General ?' = Attorney-in-Fact - Attorney-in-Fact ru, r = Trustee - Trustee r' = Guardian or Conservator Guardian or Conservator r h- d _ Other: oc c::�umD he, = Other: Tc.� irr„^o Here 2; c � r, Signer Is Representing: Signer Is Representing: K' rs r �l� ��-�.�,�=i�r-.`-���r�ct—c.�zs:,�u.�=c.%v�;�;,�=<�ti-�,��-t�-��L�`��I�•cc-�`�'c2.�'_-*,.�,�;�,�r=;�:,T:x=„���_-�c.��=<,rr� (_ 1996 Ndl ,a-No:ary AMd,alll•6?36 Pemmet Ave PO 50>-10�•Canoga Park CA 91309->15c Prod No 5907 Fmme• Call Toll-Free 1-500-9)6-c52] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of LOS ANGELES t. On SEPTEMBER 2, 2003 before me, HELEN KIM NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E G,"JANE DOE,NOTARY PUBLIC' personally appeared CARY BROWN NAMES)OF SIGNER(S) C personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized HFLEN KIN capacity(ies), and that by his/her/their Commiss!on#1252292 signature(s) on the instrument the person(s), NotaryPubtic-California g Los Angeles County or the entity upon behalf of which the ` My Comm-EVves Feb29.2M4 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL - ❑ ATTORNEY-IN-FACT - - NUMBER OF PAGES -- - - - -- - — - -- ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IFS) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O Box 7184-Canoga Park,CA 91309-7184 Executed' in Four (4) Parts Bond No. 836158S CITY OF PALM SPRINGS -premium included in LABOR AND MATERIALS BOND performance Bond" WHEREAS, the City Council of the City of Palm Springs, State of California, and Brown and Weiner, a General 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 , 2003, and identified as Parcel Map No. 30868, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Hundred Fourteen Thousand Six Hundred Seventy-Five and 00/100 dollars ($114.675.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 Labor and Materials Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 2 2003. Brown%� Z General Partnership By: Ga Bro'vn, eneral Partner SURETY Developers Surety and By: Indemnity Company By: � (Surety Name) �nvid A orney-in-Fact :r oddle (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rn'.�rs�>r=cm,�.^.�.rsr��!'��.rr�.c�,�.rrcr=rc-r.<r..r:.<rcrcr,M.,rr.<-c'.crr�'.crcrTc�=t'.�-r�sc',�-%'.M.<C'.cr•�.��t,�'2ti. y "J- �5 'r State of California h r4 County of Los Angeles On ri <v before me, D003 Christopher John Rizzotti, Notary Public Dale Name and Tma of OH¢er(e o 'Jane Doe.Notary Pub6c') th personally appeared David Noddle , Name(s1 of Srgnegs; Z2 X personally known to me-OR-�Cx proved to me on the basis of satisfactory evidence to be the person(s) �, whose name(s) is/are subscribed to the within instrument ?, „••ff% and acknowledged to me that he/she/they executed the g" (I-IRI I(P'IIEt'.Jl(H'J lit. ?VTiI ' t same in his/her/their authorized capacity(ies), and that by (,.f7 nlf fl a It�ll 1 42 1 µd , r rk„ f I<-w v��ubf,C) + urlt rIi: his/her/their signature(s) on the instrument the person(s). a LD; u11 L -L f.; uu fi, or the entity upon behalf of which the person(s) acted, n `i j 1s ,� ,-^ 6fvr prLflY l f JAN lU J)l rn executed the Instrument. Z' ;+wa:r.�a ,.r s ,.aP.:^te,d .S,.w„an•.,7,?'''aE.ir...w,la. . .�_tlJ X'e3 WITNESS my hand and o <x sana`'.uy dJ4"o1ap Pubrc c rF, OPTIONAL Though the information Below is not required by law, It may prove valuable to persons relying on the document and could prevent � fraudulent removal and'reaYachmen7 of this form to another document 5 t er Description of Attached Document r Title or Type of Document: f: ? Document Date: Number of Pages: r1 Signer(s) Other Than Named Above: r. Capacity(ies) Claimed by Signer(s) ' Signer's Name. Signer's Name: < - Individual - Individual s' Corporate Officer - Corporate Officer ? Ttle(s): - Title(s): t Partner—= Limited General - Partner—- Limited = General ?' - Attorney-In-Fact - Attorney-in-Fact z' Trustee = Trustee Guardian or Conservator ; Guardian or Conservator ,- s _ Other: Too a 7%Mb here _ Other. Tec o`tnwm nere r r Signer Is Representing: Signer Is Representing: T �' I ?t I T :�=-(.'w'�:�w�'SC.�c,T•c.'�t.�=t..-C'�,'w�-C,'�c,�-(y.;�_�`_��'��=c.Z•<,�L�-�".•c.�=crc�t�'�r-c.'��:.'�.�.:;�=;�=<,r,C.�=.:�<, .�.�-c.�'�:= ,' 199,National Nolary Assooallun•6236 Remmel Ave.PC Sax 7184•Cancan Park,CA 91309 7164 Prod No 5907 Reoae: Cnll Toll-Free A6GJ 876 6527 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 1 State of CALIFORNIA County of LOS ANGELES On SEPTEMBER 2, 2003 before me, HELEN KIM, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E G,'VANE DOE,NOTARY PUBLIC' personally appeared GARY BROWN NAME(S)OF SIGNERS) C personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed yam..: . the same in his/her/their authorized ZIAEN IOM capacity(ies), and that by his/her/their Commiss'on#1252292 Notary Public-Coffomio signature(s) on the instrument the person(s), Los Angeles County or the entity upon behalf of which the My Comm.Brpites Feb29,2004 - person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT - - - -- - - - - - NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P 0 Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE.CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,(ha(except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,con%ufute and appoint: ***David Noddle, jointly or severally*** as(heir true and lawful Attorney(%)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Allorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection (herewith as each of said corpofalions could do,but reserving to each of said corporations full powef of substitution and revocation,and all of the acts of said Atiorney(s)-m-Fact,pursuant to these presents,are hereby ratified and confirmed This Powef of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000 RESOLVED,that the Chairman of The Board, the President and any Vice President of the corporation be,and that each of them hereby is,aulhmized to execute Powers of Attorney,qualifying the a((orney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Allen ney, RESOLVED,FURTHER,thal the Signatures of such officers may be of fixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Powei of Attorney of certificate beau ing such fxsimde signatures shall be valid and binding upon the corporation when so offtxed and m the future with respect to any bond,undertaking of contract of sue(yship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their;espective Executive Vice President and attested by their respective Secretary this 9'"day of January,2002. By- , ,F,t'(„A.N�•/Np"1o, OOPANVo David H.Rhodes',Executive Vice President �yJ G�pP ORq� A �G Op,pOggT rd r -oc j OCT. 10 1936 '0- w 1967 � By Wallet A Cfowell, Secretary '°op�dp•+tow P,,:*�aD` off% c"9UFOP�\Pa STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January B,2002,before me,Antonio Alvarado,personally appeared David H Rhodes and Walter A.Cfowell,personally known to me(or proved (o me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and[hat by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official sea]. ANTONIO ALVARADO / p � COMM.#1300303 ee Notary Public-California 3: _ e ORANGE COUNTY � Signnlure r My Comm Expires APRIL 10,2005 LZ CERTIFICATE Tile undersigned,as Chief Opeia(ing Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify Iha1 the fot egoing Power of Attorney remains in full force find has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors-of said corporations set forth in the Power of Allorney,me in force as of the date of this Certificate. ft This Certificate is executed in the City of Irvine,California,the _day of By (a.- 1 . David G.Lane,Chief Operating Officer ID-1380(01/02) 1, Executed in Four (4) Parts Bond No. 836159S Premium: $100.00 is for a term of 2 years CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Brown and Weiner, a General Partnership (hereinafter designated as "Principal') have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated , 2003, and identified as Parcel Map No. 30868, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. Developers Surety and NOW THEREFORE, we, the Principal, and Tn Pmn i tv m mpa nv as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Two Thousand Three Hundred and 00/100 dollars ($2.300.00), lawful money of the United States, 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, and forthe completion of said setting of monuments,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,forthe payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided,on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to theirtrue intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreementwith respectto the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. Page 1 of 2 r Monumentation Bond As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 2 , 2003. Brown ar,,cv iner, a General Partnership By: r 6 Gary i3 bwn, General Partner SURETY ''/✓ Developers Surety and By: Indemnity Company By: (Surety Name) ney-in-Fact vid Noddle (All Signatures Shall Be Notarized) Page 2 of 2 CALGFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,5 .5 c. State of California j h County of Los Angeles �., o f r On � � 0 f- 2M before me, Christopher John Ri_zzotti, Notary Public Data Name and Tive of Moer(e.g,'Jane Doe,Notary Public") 19,E t5 personally appeared David Noddle h Namefej of Signerts) Z� X personally known to me—OR—improved to me on the basis of satisfactory evidence to be the person(s) c, whose name(s) is/are subscribed to the within instrument fand acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). " or the entity upon behalf of which the person(s) acted, executed the instrument. ' WITNESS my hand and official se <� Signawre o1 Nala Pub�C .^ r OPTIONAL Though the in ¢.formation below is not reeuired by la It may prove valuable to persons relying on the document and could prevent �) t' fraudulent removal and'reattachment of this form to another document. i� Description of Attached Document Title or Type of Document: r f n ? Document Date: Number of Pages. ;> l Signer(s) Other Than Named Above: h ' r, Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: - Individual = Individual - Corporate Officer Corporate Officer t Ttle(s): - Title(s): = Partner—- Limited - General = Partner—- Limited = General ` = Attorney-in-Fact _ Attorney-in-Fact r' r Trustee - Trustee � = Guardian or Conservator' = Guardian or Conservator -r, I�� 10;. — Other: I Toc c:%7n here = Other: ice of fnu-,c nice 2i P T Signer Is Representing: i Signer Is Representing: A G 199E Nabona'No;,,Assecolon•6236 Femme;A,..P D Bic 110�•Canooa Park CA 91309,7164 Prod No 5907 R,Ord*r Dale Toll-Free 1 800,875-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of LOS ANGELES On SEPTEMBER 2, 2003 before me, HELEN KIM, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared GARY BROWN NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized HELEN KIM capacity(ies), and that by his/her/their QPComrniss:onSi252292 z signature(s) on the instrument the person(s), mycc,rnm.Fx,-kesFeb29,2004[ NojcRy LosAng)ic-California or the entit u on behalf of which the Los Angeles Couniy Y P person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL L Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL -- ❑ ATTORNEY-IN-FACT - NUMBER OF PAGES--- -- - - - -- -- ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEPSON(S)OR ENTITYQES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limtled,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and apporm. ***David Noddle, jointly or severally*** as their true and lawful Atiorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Anorney(s)-m-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of Ilse acts of said Allorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is .signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000 RESOLVED.that(he Chairman of the Board,the President and any Vice President of Ilse corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the allorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to apes(the execution of any such Power of Allorney, RESOLVED.FURTHER,that the sronatureS of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and tiny such Power of Attorney or certificate bemine Such hresimile.srvmatmes shall be valid and binding upon the corporation when So affixed and in the future wall respect to any bond,undenaking or contract 0rsuretyship 10 which it is allached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by(]tell respective Secretary this S"'day of January.2002. By- .AND,/N�•..,• oMP ANVO David H.Rhodes,Executive Vice President iyJ�,:'�pPORgT:Fy% -1G PPCR,y O a' 10 OCT 5 =o 1936 Soy to 1967 By c WaherA Crowell, Secretary '°%,r�d0'••/OK P••'*�da o� q</FORN\Pa STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January S,2002,before me,Antonio Alvarado,personally appeared D,ivid H Rhodes and Waller A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersnns acted.executed the ingmmenr- WITNESS my hand and official seal ANTONIO ALVARADO p ,µ COMM N 1300303 �t g . Notary Public-California //y��yy��� ♦ ORANGE COUNTY Signature My Comm Expires APRIL 10,2005� CERTIFICATE The undersigned,as Chief Opening Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that Ilse foregoing Power of Attorney remains in full force and his not been revoked,and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Allorney,are in force as of the date of this Certificate. Qx C- t f1m This Cer[ificale is executed in the Cify of Irvine,California,the day of E)C.9 � _- e?. By David G.Lane,Chief Operating Officer ID-1380(01/02) Bond No. 836158S "Premium included in Performance Bond" CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Brown and Weiner, a General 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 2003, and identified as Parcel Map No. 30868, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. Developers Surety and NOW THEREFORE, we, the Principal, and Indemnity Company , as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of Thirty-Four Thousand Four Hundred and 00/100 dollars ($34.400.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions Page 1 of 2 in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 29 2003, PRINCIPAL Browi! an 'Weiner, a General Partnership r By: Gary BFo n, General Partner m SURETY Developers Surety and By: Indemnity Company By6/;;David (Surety Name) Attorney-in Fact Noddle (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT =rcrc�:.��'�'.���^rry.�'�",cr,`r<=rrcrcrcr.�-r�'rcrr-r,�r.=c��r,�.�.�=rc=rt=�>�-rcr,�r,�-r.<-rcv_-�r•�r.M�'t,_,�r,�ti C State of California r� F' County of Los Angeles On SEP `��. 9 20,33 before me, Christopher John Rizzotti, Notary Public Dole Name and Title of Offiner(e g.'Jane i Noteiv Public-) personally appeared David Noddle ?� Nema(s,of Signegs) j. h � g personally known to me-OR-�xproved to me on the basis of satisfactory evidence to be the person(s) h whose name(s) is/are subscribed to the within instrument z' c fi and acknowledged to me that he/she/they executed the same in his,/herlthelr authorized capacity(les), and that by =' T his/her/their signature(s) on the instrument the person(s). t w C iahliiP�iC�t iOHN 'Z7 ,�71 or the entity upon behalf of which tFje person(s) acted, , rs��.g. .°tip^ Ct�mmfc,tClrl'P 133; ,44? 1- `i. ��,Ur ' mii executed the instrument. y .e!;{,' ,, 'Y i ioiary Plibhr, ^�(:abf[rtn);� ?;9,t iof,,(,ctnm rAr)lr, 9 IAiu g 2rl(i6 V' WITNESS my hand and official s _ 1. ( Signawrs of Notary Pubu '- R rF OPTIONAL c, Though the information below is not required by law, ft may prove valuable to persons relying on the document and could prevent fraudulent removal and'reattachment of this form to another document `r Z� z' Description of Attached Document t Title or Type of Document: r Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r' Signer's Name: Signer's Name: T r - Individual - Individual = Corporate Officer Corporate Officer z Title(s): - Title(s): ?', Partner—= Limited General - Partner—- Limited - General ?' - Attorney-in-Fact - Attorney-in-Fact F Trustee _ Trustee _ - Guardian or Conservator r , I; = Guardian or Conservator Tell:a�numo Here — Other: Tec e'ln�nn-Here - Other: - M1 � r Signer Is Representing: Signer Is Representing: T' fi 1995 Natrona'Nom.,Associalmn•G236 aemmet Ave P 0 50,,7101•Ca,00a Park CA 9130971B4 Pad No 5907 Reorder Call Toll-Free 1-81J.876 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of LOS ANGELES On SEPT-EMBER 29 2003 before me, HELEN KIM- NBRTARY PUBLIC t DATE NAME,TITLE OF OFFICER-E G,"JANE DOE,NOTARY PUBLIC" personally appeared GARY BROWN NAME(S)OF SIGNEn(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized HELEN KIM capacity(ies), and that by his/her/their commissiont252292 z signature(s) on the instrument the person(s), .� NotoryPublic-Califorrlo s or the entity upon behalf of which the n Los Angeles County Mycomm.ExpiesFeb29.20D4 person(s) acted, executed the instrument. WITNESS my hand and official seal. (' SIGNATURE OF NOTARY I�! OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) i ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL r.`� ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ,rl ❑ GUARDIAN/CONSERVATOR ' + ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(6)OR ENn FY(IES) SIGNER(S) OTHER THAN NAMED ABOVE J ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remme[Ave„P O.Box 7184-Canoga Park,CA 91 30 9-71 84 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,conshtWe and appoun; ***David Noddle, jointly or severally*** as Their true and lawful Allorney(s)-ul-Fact,to make,execute,delivei and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and growing unto said Allorney(s)-in-Fact full power and authority to do and to perform every act necessary, iequisile or proper to be done in connection (herewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the aces of said Allorney(s)-in-Fact,pursuant to These presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following jesolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as al'November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,amhorized to execute Powers of Aumney,qualilymg the altorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secrel:uy of the corporations be,and each of them hereby Is,authorized to attest the execution of any such Power of A((orney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any uch Power of A(imney or as any cerhficale relating thereto by facsimile,and any,such Power of Attorney of certificate bearing such facsimile signatures shall he valid and hinding upon the coiponition when so affixed and in the future with respect to any bond.undertaking or comrocl of suetyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and arles(ed by(heir respective Secretary this 8ih day of January,2002 W. By •••E�y„A.N 1-1 P../Noy'-. ?ANY David H.Rhodes,Executive Vice President ORq"•:FgjS GO p,ppq O 4 T� y h OO �TF 9r OCT. 0CT.5 ° -n Bv: `O' 1936 °o= W 1967 l'. P3e O ? WJllei A.Crowell, Secrenov °�gp /OW P,;*4da;` c'9</FOP�\P a STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On January 8,2002,before me,Antonio Alvarado,personally appealed David H. Rhodes and Waller A. Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) In be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their aulhoiized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersnns acted executed the instrument WITNESS my hand and official seal. ANTONIO ALVARADO p •� COMM.81300303 �t g , Notary Public-California d A ORANGE COUNTY Stgnamm ' My Comm Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of A((oir ale in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,(he day of By David G.Lane,Chief Operating Officer ID-1380(01/02) 0'CO �G30MG� DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Acr of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine,CA 92614 (949)263 3300 % w .inscodico.com