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HomeMy WebLinkAbout04717 - CANYON VISTA SUBDIVISION IMPROVEMENT TRACT 31006 -o Cindy Berardi From: Carol Templeton Sent: Wednesday, September 15, 2010 4:05 PM To: Cindy Berardi Subject: RE: A4717 Canyon Vista LP This project was never constructed and the TTM entitlement expired. So yes, the SIA can 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 Please note new email address: Carolaempleto-n@palmspringsca.gov http;//www.gcode.us/codes/palmsprings/view...php. NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. 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: Cindy Berardi Sent: Wednesday, September 15, 2010 3:53 PM To: Carol Templeton Subject: A4717 Canyon Vista LP Can the attached Subdivision Imp Agr be closed out? Thank you. inJy 5erarcAi Dcput�j C it_y(_,lerL `ffice of the city clerL City of Palm Springs P. O. Box 2743 Palm Springs, CA 92262 '760)322-8355 Cindy.Berard i �almspringsca.gov Please note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on Fridays. Please consider the environment prior to printing this e-mail. Thank you! oi�si�ni n i RETURN TO: CM !6 Illl 07/24/2003 08:00R Fee:NC CITY0 pALMSPRINGS Page i of 28 BOX 2743 Recorded in Official Records County of Riverside pALMSpR1NG'S,CiA92'�63 Gary L. Orso Assessor, County Clark & Recorder M $ U PAG'E/E) SIZE DA PGOR NOCOR SMF MISG 2(J Ai R L COPY LONG REFUND NCNG EAM SUBDIVISION IMPROVEMENTAGREEMENT by and between CITY OF PALM SPRINGS and CANYON VISTA, L.P. A CALIFORNIA LIMITED PARTNERSHIP Canyon Vista, L.P. Subdivision Improvement Agr AGREEMENT #4717 R20626, 6-11-03 Tract 31006 TABLE OF CONTENTS 1.Construction Obligations........................................................... 1 1.1 Works of Improvement........................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval......................................... 2 1.3 Intent of Plans........................................................ 2 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................................. 3 1.6 Changes in the Work.............................................. 3 1.7 Defective Work....................................................... 3 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............................................. 4 1.13 Suspension of Work............................................... 4 1.14 Final Acceptance of Works of Improvement........... 4 2. Time for Performance....................................................... 5 2.1 Commencement and Completion Dates................. 5 2.2 Phasing Requirements............................................ 5 2.3 Force Majeure......................................................... 5 2.4 Continuous Work.................................................... 6 2.5 Reversion to Acreage.............................................. 6 2.6 Time of the Essence............................................-- 6 3. Labor................................................................................. 6 3.1 Labor Standards...................................................... 6 3.2 Nondiscrimination................................................... 6 3.3 Licensed Contractors.............................................. 7 3.4 Workers' Compensation.......................................... 7 4. Security..............................................................-............. 7 4.1 Required Security.................................................... 7 4.2 Form of Security Instruments.................................. 8 4.3 Subdivider's Liability................................................ 9 4.4 Letters of Credit....................................................... 9 4.5 Release of Security Instruments.............................. 10 5. Cost of Construction and Provision of Inspection Service............................................................................... 11 5.1 Subdivider Responsible for All Related Costs of II II III I III III I I IIIIII IIIIIII II III III 6?,'2'26 J` 18 aOUH 1 Construction...................................:........................ 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................ 11 6. Acceptance of Offers of Dedication................................... 11 7. Warranty of Work.............................................................. 11 8. Default............................................................................... 12 8.1 Remedies Not Exclusive.......................................... 12 8.2 City Right to Perform Work...................................... 12 8.3 Attorney's Fees and Costs....................................... 12 9. Indemnity.......................................................................... 12 10 General Provisions............................................................. 13 10.1 Successors and Assigns......................................... 13 10.2 No Third Party Beneficiaries.................................... 13 10.3 Entire Agreement; Waivers and Amendments....... 13 11. Corporate Authority........................................................... 13 II 1 HIM 1111111111111111111111 e ,z4',2©{ 28 o���©R 11 r SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this "Z3"' day of 11F`'k , 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Canyon Vista, L.P., a California Limited Parternship ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 31006 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. 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. C. 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 $754,000.00. 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 IIIIIIIIIII II IIIIIIIIIIIIIIII III IIIIIII IIII III @4 of $'(��n 1 07/ r 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 monumen (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 any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction. of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. It items are found by the inspector to be incomplete or not in compliance with 2603 55200 3 II II II II II III II II II I II I I II E+7 iza,'F Hof©0 0JF 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 sixty(60)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) years 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 com mencement 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 Subdivideror its Contractor detailing the groundsfor Subdivider's claim to a right to extend its time for performance hereunder. City Engineersfiall evaluate all claimsto 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 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 4 11 III II 11111 III IIIII III II II II ©7 4Fa'z�f,- o 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 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 subcontractor to 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. �II HIM111111111111111111 IIII 074 9f FL3 A 5 (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 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 $754,000.00 equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $377,000.00 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$4,000.00 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$113,100.00 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 bean 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 II III I IIIIII IIIIIIII IIIIIII r67/20 easfoc`Z890R 6 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 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. (1) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument, 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall,within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty(30) days priorto 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 II III111�1 2 11111111 HIM II III I II 07,24/1003f0R�00F 7 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. 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. EIIIIIIIIIIIIII111I1111IIIHIM11111 �4 115JGf�r3ra R g r 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 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, 11111 HIM I 111111111111111111 IN 67,4�120 f 2 OOH -- 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. Indemni1y. 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 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. w w w w w 07'2 III II III I II III III IIII II III III II III 4©13Rof113 28 P IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: (� / '2- 3 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Patricia A. s-nders, City Clerk David Ready, City� er APPROVED AS TO FORM: i ttorney SUBDIVIDER: Canyon Vista, L.P., a California Limited Partnership (Check One: _individual, X partnership, _corporation) �y By: L , til By: Signature - Signature By: n, c0-nk�U4?L OF j i�G By: Name and Title P(vvuo&�_ Name and Title Mailing Address: 100 Pacifica, Suite 250 „ Irvine, CA 92618 P (949) 788-4900 (949) 788-4901 (Fax) /�c f t IIII IIIII(IIII IIIIIII IIIIII III IIIIIIIIIII III 07 © ' 9F °14 of' State of California ) )ss. County of Riverside ) On June 24 2003 before me, Carrie Rovnev,Notary Public Date Name and Title of Officer personally appeared ----------------------------------David Ready---------------------------------------------- Narne(s)of Signer(s) ® personally known to me to be the person(s)whose name(s)is/am subscribed to the Co CARRIE ROVNEY within mmission# 1348457 instrument and acknowledgment to me that Notary Public-Colltofnia i helsheftliey executed the same in his/herhheir authorized Riverside county = capacny(ies),and that by his/herftheir signatures(s)on the MVCMM-ExP#V3Mor26,2W4 instrument the person(s),or die entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal Signature of Not Public State of California ) )ss. County of Riverside ) On 3-U"e a5 QM3 before me, Carrie Rovney-Notary Public Date Name and Title of Officer personally appeared --------------------------------Patricia A. Sanders ---------------------------------------------; Name(s)of Signer(s) ® personally known to me CABBIE ROVNEY CammWion#1348457 '� Notary Public-California � to be the person(s)whose name(s)is/are subscribed to the RIWrside County MyComm.EXI*03 Mat 262006 within instrument and acknowledgment to me that he/shef -fey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted, executed the instrument. WITNESS my hand and official seal �CVlh,�e mar-of�3 ublic 11111111111111111111li iilii INIII illlll i!!iillilIli Iiil &7.24J15Aof02090F vA—A 44.s. `A�Alb r EXHIBIT "A" TENTATIVE TRACT MAP 31006 CONDITIONS OF APPROVAL IIIII�IIIIII IIII�I III IIIII IIINI III�II I�I�IIIII III III ea�,�FareOra��z noF 12 e wtYlilMVLU UY YLANNINU WKW,,�,,,,t s.oq3�'PD-2Bz APPROVED BY CITY COUNCIL 5,013$-D-32 �� rr ' �' EXHIBIT ;ase Trn3=b pate 1� Initial TTM 31006 and Case No. 5.0938 - PD-2Bgution #__ —_ Ordinance APPROVAL SUBIECT TO ALL REQ1.11REF Northeast corner of Murray Canyon Drive and Sierra MadtvmmnNs aY ABOVF 13001F R February 26, 2003 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 or covenants 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, or any other City Codes,ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies,or administrative officers concerning TTM 31006 Case No. 5.0938-PD-282_ The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure 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, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. The applicant shall comply with the mitigation measures of the environmental assessment. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the plans prior to City Council consideration of the environmental assessment. 11111 III III ,4F1170of 8r PNP 5a. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2)years of the City Council approval of the preliminary planned development district. Final landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final plans shall be submitted and approved by the Planning Commission prior to issuance of building permits. 5b. The property development standards for this project shall be Section 92.04.00, R-3 Zone, except for the modification to distance between buildings. Distance between buildings will be considered at 10 feet. 5c. The project driveways along Murray Canyon Drive shall be reviewed and approved by the Director of Planning and Zoning for alignment with future development to the south, prior to issuance of building permits. . 6. The project is subject to Section 93.15.00 of the City's Zoning Ordinance and all provisions of the Palm Springs Municipal Code regarding time share uses for the life of the project. 7. 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. 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 9. 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. 10. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 11. 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. 12. 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 Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition in accordance with all ordinances and conditions of approval contained herein. I llllll l�ltll l�llll 111 lull l�llll llllll 111 1141 Ili 1111 a1� to 18003 of 28 r The applicant shall submit to the City of Palm Springs, a deposit in the amount of Two Thousand Five Hundred Dollars ($2,500), for the review of the CC&R's, by the City Attorney. 13. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 14. All materials on the flat portions of the roof shall be earth tone in color. 15. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s).. The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 16. No exterior downspouts shall be permitted on any facade on the proposed buildings)which are visible from adjacent streets or residential and commercial areas. 17. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 18. The design, height, texture and color of building(s),fences and walls shall be submitted for review and approval prior to issuance of building permits. 19. The street address numbering/lettering shall not exceed eight inches in height. 20. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning &Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized.A photometric study shall be required for all parking - areas, driveways and entries. .21. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 22. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 23. 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 I 2r�r�i-=5c 3s0 I IIIIII IIIIII IIIIII III IIIIi IIIII�II�III III IIII I II III za.19 ofE 'eca located on the project site, said location shall be reviewed and approved by the Director of Planning and Building 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. 24. Details of pool fencing (material and colour) and equipment area shall be submitted with final landscape plan. 25. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 26. 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 must 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. 27. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements in Condition #28 below. 28. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details shall be provided with the final landscape plan. 29. Parking stalls shall be delineated with a 4 to 6 inch double strip-hairpin or elongated "U" design. Individual wheel stops shall be prohibited;a continuous 6"barrier curb shall provide wheel stops. 30. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 31. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 32. Standard parking spaces shall be 17 feet by 9 feet wide; compact sized spaces shall be 15 feet dep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking"space; two (2)handicap spaces can share a common walkway. One in every eight(8)handicap accessible spaces, but not less than one(1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 33. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 34. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00 of the Zoning Ordinance. Illllll lull lllllllllllllll11111101 lllllllllllllfl ` 26 of 28 as 35. Curbs shall be installed at a minimum of five (5)feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 36. No time-share units shall be offered for sale or sold until there is a valid final subdivision public report for the sale of such timeshare rights or entitlement issued by the Department of Real Estate of the State of California. A copy of the final public report shall be provided to the City by the applicant. 37. Prior to approval of the Final Planned Development District, the applicant shall provide a detailed time-share management program, including, but not limited to all methods to guarantee adequacy,stability, and continuity of a first class level of management(including sales/marketing) and maintenance of the time-share component of the project. The detailed program shall be submitted to and approved by the Director of Planning and Zoning. 38, The required CC&R's for the project shall include a provision that day use of on-site pool and recreation areas by timeshare owners and other individuals not currently staying at the facility shall be prohibited. ' 39. Details of the carports and stacked units above the carports shall be provided for review and approval by the Design Review Committee and Planning Department, prior to approval of the Final Planned Development District. 40. The applicant shall submit revised elevations for the southwest corner of the building located at the northeast corner of the intersection of Murray Canyon Drive and Sierra Madre for review and approval by the Design Review Committee and Planning Department, prior to approval of the Final Planned Development District. 41. Vehicles associated with the operation of the proposed development including employee and company vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. Parking spaces for employee use only shall be provided at a ratio of 1 space per employee or 20% above the required number of parking spaces (i.e. 22 spaces). 42. A five foot high wall or fence shall be constructed between the project and the adjacent Canyon Country Club golf course,for security purposes.The wall shall be constructed such that there are no openings or access from the project to the golf course. Details of the wall or fence shall be submitted for review and approval by the Planning Department prior to issuance of building permits. 43, , One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. 44. 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 of the presence of cultural resources identifiable on the ground surface. III I II III IIIII III IIII IIII III II IIIII II III a cl-,f "El P 45. Given that portions of the project area are within 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 Monitor have 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 Officer and the Agua Caliente Cultural Resource Coordinator for approval. POLICE DEPARTMENT 1. Developer shall complywith Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 2. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions forthe turning around of fire apparatus. The City of Palm Springs approved turn around-provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC) 3. 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) 4. Location of Knox boxes: A Knox box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 5. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 6. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed,tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 7. 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 near an exit door. �111I NE 111111111111111111111111111111111111111111 07 24,22o Q'2 OLIR 8 8, Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 9. Trash Container Protection: Trash container space is within 5 feet of the building wall. Provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the enclosure must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) ENGINEERING 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. Work shall be allowed according to Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. 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. MURRAY CANYON DRIVE 3: Construct a maximum of two, minimum 24 feet-wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 4. The existing curb, gutter,and sidewalk shall remain in place exceptfor curb cuts necessary for the proposed driveway approaches. 5. All broken or off grade CURB, GUTTER, SIDEWALK, AND,AC PAVEMENT shall be repaired or replaced. SIERRA MADRE DRIVE 6. Construct a minimum 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. IIIIIIIIIIIIIIItIII11JJJ111111111111111I111111111111 e,`24_eHo�zF eF yk ' 7. Remove and replace the existing driveway approaches as necessary with 6 inch curb and gutter and an 8 feet wide sidewalk behind the curb to match existing improvements, in accordance with City of Palm Springs Standard Drawing Nos. 200 and 210, respectively. 8. The existing curb,gutter, and sidewalk shall remain in place except for curb cuts necessary for the proposed driveway approaches. 9. All broken oroff grade CURB,GUTTER,SIDEWALK,CROSS GUTTER,SPANDREL,AND AC PAVEMENT shall be repaired or replaced. SANITARY SEWER 10. Connect all sanitary facilities to the City sewer system if not already connected. Laterals shall not be connected at manholes. 11. There shall be an on-site sewage system that collects and conveys sewage through a maximum of one lateral per street to the public sewer system. 12. All on-site sewer systems shall be privately maintained. GRADING 13. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 14. Submit a Grading and Paving Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. The Grading and Paving plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Department. A PM10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the Grading and Paving plan. The Grading and Paving Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report F. Copy of Hydrology Study/Report G. Developer shall obtain a National Pollutant Discharge Elimination System(NPDES) stormwater permit from the California Regional Water Quality Control Board(Phone �� III III II I II II�� II © r'24 of E800H F No. 760-346-7491) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit, if construction activities will be occurring after March 10, 2003. 15, Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep -to keep nuisance water from entering the private or public streets, roadways, or gutters. 16. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (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. 17. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan forthe proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subjectto approval bythe City Engineer prior to the issuance of the grading permit. 18. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 19. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food`and Agriculture representative in the form of an approved"Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710_Fred Waring Drive, Palm Desert(Phone: 760-776-8208). DRAINAGE 20. 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 or cannot contain 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 capacity of offsite drainage structures (if any exist), and to determine required stormwater runoff mitigation measures forthis project. Final detention/retention basin sizing and otherstormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configurations consistent with the findings of the final hydrology study. 21. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. II�IlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII c,, �25 of 8 ON-SITE 22. The minimum pavement section for all on-site streets/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. 23. The on-site parking lot shall be designed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 24. 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. 25. All proposed utility lines and service drops on or adjacent to this project shall be installed underground. 26. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 27. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 28, Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 29. 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 Standard Drawing No. 904. MAP 30. The Title Report prepared for subdivision guarantee for 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 Final Map to the Engineering Department. 31. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. The map shall be approved by the City Council prior to issuance of building permits. IIIIIIIIEIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIill ° 24+26°o£es2 TRAFFIC 32. 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 MURRAY CANYON DRIVE and SIERRA MADRE DRIVE frontages of the subject property. 33. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the MURRAY CANYON DRIVE and SIERRA MADRE DRIVE frontages prior to issuance of a Certificate of Occupancy. 34. A 30 inch"STOP"sign and standard "STOP BAR"and"STOP LEGEND"shall be installed per City of Palm Springs Standard Drawing Nos. 620-625 at the following locations: A. Murray Canyon Drive at project exits B. Sierra Madre Drive at the project exit 35. The developer shall pay its fair share contribution for the installation of a traffic signal at South Palm Canyon Drive and Murray Canyon Drive.The fairshare of$600.00,based upon the traffic analysis prepared by Urban Crossroads, dated November, 2002, shall be deposited with the City prior to issuance of a building permit. 36, Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing,lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL- OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 37. This property is subject to the Transportation Uniform Mitigation Fee based on the Multi- Family Residential ITE Code B land use. 111111111111111111111111111111111111111111111111za2.of20- CALIFORNIA ALL-PURPOSE ACKNOWLEfDOMENT State of F� I dl i' County of On (1 Ali l A �, � E7C:f"� before me, f i�UA'ddr k , 01 <) Oate Name and Title of Officer(a g 'Jana Doe,Nota Public') "iI personally appeared & �11 �� P1c� Name(s)ofsigner(s) �I �<r C; personally known to me—OR—❑ proved to me on the basis of satisfactory evidence to be the person' i whose nar-1 Ware subscribed to the within instrument and acknowledged to me that he/she%they executed the tit C� same in his/heFb:teir authorized capacity(. ss), and that by his/her/their signature�f on the instrument the person`, SF — � or the entity upon behalf of which the person acted, �) "� ED B®e"rAW ©Ui�Afw7 executed the instrument. �l f;"II y x o COMM.#1319178 ¢ l(' Z '" M1ICTARY pUgLIC-C4LIFORWA t: : oRAncEcouny WITNESS my hand and official seal. 0 ru > IC, A9tlCumm.E;�1.SeyR_27,20C� ';.� r;il I Signature of Notary Public fi 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. 0I 1 0i ,I Description of Attached Document ' 111 >> �' Title or Type of Document: t t)t' 7'( `i� k�� p /;�t�:� t (7Cge t a I" r� f' Document Date: / fl �rl Number of Pages: i, to Signer(s) Other Than Named Above: 3 JI Ca acit ies Claimed b Signer(s) F4 p Y( ) Y (;I Signer's Name: Signer's Name: D ' ❑ Individual ❑ Individual al ❑ Corporate Officer ❑ Corporate Officer 14` Title(s): Titles : ill [I Partner—❑ Limited El General ❑ Partner—El Limited ❑ General it ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee >> El or Conservator ` . - ❑ Guardian or Conservator >> El Other: Top of thumb here ❑ Other: Top of thumb here >i C �I li )I Isa 071 Signer Is Representing: Signer Is Representing: <r1 ?jl c ,Z C1 �Ae Ja v.fS(J. Ci.�o�l"✓,>C.,:✓v�rJC'L,c1✓J:-:;=✓S✓`✓`✓J✓3�,-C:w—v`�'.�._.v e_v.� .�e-- _" ©1995 National Notary Association•8236 Real Ave PO Box 7184•Canoga Park,CA 91309-7184 .. Prod.No 5907 Reorder Call Toll Free1-800-678-6827 1 HIM 1111111111111111111III 07 �.23 20©ufFg �oF Issued in Cour (4) original counterparts Bond 0: B36007016 Premium $2,262.00 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 Canyon Vista, L.P , a California Limited 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 'lay 23 2003, and identified as Tract Map No. 31006, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and Gulf Insurance Company as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of One Hundred Thirteen Thousand One Hundred and 00/100 dollars ($113,100.00), 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, 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 repair and replacement of defective workmanship and Facie 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 June 3ra , 2003. PRINCIPAL Canyon Vista, L.P., a California Limited Partnership By: By . Signature Signature By: Fz. VARLl uF 'WE By: Name and Title 6-co[�,-r\L ?M7k 6k Name and Title SURETY By: Gulf Insurance Company (Surety Name) Attorney-in-Fact Diane M. rleIsen (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �^K�,M,c-t,crc-c�rr�cr�rcr.� rcr�=rc-ac=a�ree��=t,c=c•.m.,�r_,crcrc=crncrc� rc=t<-,rc,r�c�c>crrr.�.�e�r�rcr�- ^r { r 11 State of (: County of On ! '. )!�.A l � ) �L.' Jbefore me, (' Date Name and The of Officer(e g "Jane Doe,Notary P blic") ))uII I personally appeared Names)at Signers) ")personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person' whose namell is/ape-subscribed to the within instrument and acknowledged to me that he/sir k l executed the same in his/he l;144it^authorized capacity(lpst), and that by � his/hi signatureXOon the instrument the person, Kt DEBDRAH DURAN or the entity upon behalf of which the perslj acted, COMM.#1319176 executed the instrument. ( r�oru+vPueuc•crutwaru � , �; atuac>Ecbuaty MyComn•E�.Sept2T,2005 r WITNESS my hand and official seal. i f I t Signature of Notary Public 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 cat Description of Attached Document Title or Type of Document:C.Z v; rJercllre) J^> r„ r f:10 R �'C j 'in_+o �i a,):C_ - r .;. �l ( /All Trill), Document Date: fflfitf C .r , 7,063 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Signer's Name: (' ❑ Individual El Individual ) ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here 'I I �I I' I Signer Is Representing: Signer Is Representing: t 1 ( 1 to 1995 National Notary Association•8236 Rammet Ave,PO Box 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Reorder Call Toll-Free 1-806-876-6827 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON - —(j D , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate_ O Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. LUIS GARCIA WITNESS my hand and official seal. commission#1910im I Notary Public-Califomis Riverside County My Comm.E)V.res Jul 20,20M Signature ru wGU��ia,Notary ALL PURPOSE ACKNOWLEDGMENT HA�C OND, COG``9mcaGc:H9u 11"C) b EL; fla A-17T'(OTT,T-E7, _T or,l0lt ntJ13 OF Tf-H8 PlI'Sly sEt @' 0'h0 ]Fff ytfE EPA NTH GH ULOE S ACEVV MPER MTN YE,A KJM KNOW,ALL MEN DY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut, having its principal Office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit. "RESOLVED,ihat the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver z Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Adornoy in-Faci may be removed and the authority granted him revolted by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in'this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be alli)(eci to any such Power of Attorney or any cerlificafe relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which'they are attached." Gulf Insurance Company does hereby make,constitute and appoint VAN G. TANNER PAUL LEWIS MATT COSTELLO LINDA WELD DIANE M. NIELSEN ANN WILLARD FILAMENA LEMOS its true and lawful aitorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead, to sign,execute,acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company'thereby as fully and io the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said atiorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed The obligation of the Company shall not exceed five million (5,000,000) dollars. M UJVTNESC UdHERECK, fhe Coodf tots caoa o fsumpnafr Etas caasou adsosa pvoseats d©be sigrett boy any atiogec at acre Cu,ulp,nny auttl oic Ga padatu 0,-'11'"'u be nevoid 2'01'iod. 1+'\\SUMNCp r`t.iiOF CJL; J"L�'_�Gz TI jg � SEAL ti ter%"� ��n„L v ✓, ll �j NNECTtU� �" 7.rwyemce P.r initaC t Ca JTLITi'if _u f 'Jjtl?I�il z \ '^j / :eezc ve vke"'raslemt On tads Iai Day off n4tiluov, AO 2991, auulam ma carve Latnrenco P. Viriotttar, ka®wsa t® oma pol"Onatty a^itm hufa, Lys c datvy°at°tocn, d1d u➢aptt n"ind sa°�: lilaf dte iesd0es to ifm clelnfv at Davgaa,Stale of Vketv9ersoy;Mal dre is the Erecttlive uico?msfkM atldte Gulf lasavanco Cu vnpanvy,'ahc Cucpamllon kominori in aa0 cihocli o1mmoted tote aleavo onsfrnmattl;Gnat Ila knaysa fhb seat ut said covpuvatdurr;that tho send ai&06 is ik said tasdvartooat o 6s auuc n coal; ifaai dt vjas su aM]:,,d luy au'dov a6lhe Daard ut©ovoct©as at said corpomilfaso aaa2 ttaa8 Gue sdgotesi h§s name,dmuoau by ldko as•dgs°. oSivrvuj�q,` yk G ( ZJ�7 1°7E�l�/6r4J.Ti�.le S:� <, g✓84-0 nC> TIniary FuliVic,SCate©G IIeve Yo,k COUr,J-1Y OF NE^Jf Y0--?ra 1 rJo.31MAG0199ca a`'UP.HEer;ill"'umgc Commty Comm sstcn:S'n:Intres Fcb,unry 15,2007 I,ftoo eratfieesograora,Bartel'vine Presddeal of t6te GUN tooausotgo Came party,a Oorinecldcat OuvpaoauOu,DO NEC12Y MTH"U''LL2f the tuveBadmg ailed aKnrllod PVD"IM OF A ION EY vcmahis da tut]torco. 'Som crC Dated ilae 3� day oC ti Signnd and Scaled at tlRa City of Rlevv YcvsEc. c 04 r !IX _> �.^ I/ Deomc Du^vucilydc Se14or Vice? esirlcn' Issued in four (4) original counterparts Bond #: B36007016 Premium $2, 262.00 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 Canyon Vista, L.P., a California Limited 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 May 23 2003, and identified as Tract Map No. 31006, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and Gulf insurance Company as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of One Hundred Thirteen Thousand One Hundred and 00/100 dollars ($113,100.00), 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 in the said Agreement respecting the repair and replacement of defective workmanship and Pace 1 of 2 4 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 June 3ra 2003. PRINCIPAL Canyon Vista, L.P., a California Limited Partnership By: By: Signature Signature By: ApNah A, UAL Qo-kNmA-b vF MC By: Name and Title Name and Title SURETY By: Gulf Insurance Company By — k (Surety Name) Attorney-in-Fact Diane M. Nielsen (All Signatures Shall Be Notarized) Page 2 of 2 -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (; State of County of On 1 T lrti �.� or before me, j 1/ L-: �L'r2;t 1 li ti,i Date Name and Ttle of 0lficer e P�''�� ( g,"Jane Dos,Nolary,ryblia'") personally appeared ����t i' comets)of Signer(s) x. ]personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to be the perso5w whose name(r. a/ace subscribed to the within instrument and acknowledged to me that he/sApeFtuey executed theI same in his/her4ha-r authorized capacity(ti(119), and that by DEBOFtAH DURA�B his/herAheir signatureA on the instrument the person,(; I• e[ r COMM.#1319176 or the entity upon behalf of which the personK) acted, NOTARY DU or�^7 executed the instrument. �) i MWF COI M My Comm.Ex2.Sept.27.20BS __._3 WITNESS my hand and official seal. 0 I t Signature of Notary Public OPTIONAL Though the information below 1s not required bylaw, it may prove valuable to persons relying on the document and could prevent ( fraudulent removal and reattachment of this form to another document a Description of Attached Document Title or Type of Documenta l o- VJO) S z5cr3cP c: l�tn ,r iLt��.)��c . r4- t.rtihP•1Ott5tV1iti'.-6S p Document Date: d0` [ ?-i, %t �`' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ,I ❑ Individual ❑ Individual ol ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): 1 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact �f ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ( ❑ Other: Top of thumb here ❑ Other: Top of thumb here 't I' y) Y` `1 i Signer Is Representing: Signer Is Representing: I� 1 1 I I '.'��/.'�4'�•-'v=-C..-�i�.:.ci�=ti`_'i�4.�-C.�4n'a`�'_-4'_•—� 'L_`�4"`.C'�W--4-�'--W-'?'_-�JJ-U_` '�-�i� _' `.c:�ti,C.�.._V.-,'�'�<'.. `�-V� J.�, O 1995 Nalmnal Notary Asoocialion•8236 Rommel Ave PC Box 7184•Canoga Park CA 91 30 9-71 84 Prod No 5907 Reorder Call Toll-Free 1-800-876-0827 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON / S-0 ��D , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate O Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator O Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. LUIS cAacw WITNESS my hand and ofrie'iahseal. Commission#131AM63 Notary public-Calitomia f Riverside County t..�` My Comm.Expires Jul 20,20M y SignaturL'�� d� LIIS:'�'i r �rNotary� ALL PURPOSE ACKNOWLEDGMENT cifluffl 2 NG ENS PBUJE]0V ddi'OJ Pu'OEY 12L'h;rlV's in 1 M BLUE OnFE p'rd FADER U P[l I Fr U_iNK. KNOW ALL MEN BY TI-I ESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laves of the Stale of Connecticut, having its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance 21 Executive Committee of the Board of Directors of the said Company on the i0th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Atiorney-in-fact,such persons,firms,or corporations as may be selected from time to erne;and any such Feitomey-in-Faci may be removed and the authority gianfed hire revolted by the President, or any Executive Vice President, or any Senior Vice President, or by tha Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,Thai nothing in'this Power of Attorney shall be construed as a grant of authority to the aitorney(s)-in-fact to sign,execute,acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and iacsirnile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint VAN G. TANNER PAUL LEWIS MATT COSTELLO LINDA WELD DIANE M. NIELSEN ANN WILLARD FILAMENA LEMOS its true and lawful attomey(s)-in-fact,with full power and authority hereby conferred in its name, place and stead, to sign, execute,acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company Thereby as fully and'io the same e)dent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said aitorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. W LI 9 T HESS',9HEREOF,ddne P,,WK t nsuranCo Unmiry bras essuootl gtoSe gresen6s dg he sloped [ay any cliiCev dt ding Confl"ll ay and ofi.-Ccnd n'iado Qoaa 6�o 6vc Vnevgdg afifia;Cd. 4n'F1d.�h Il HT_ee Nail,COMILAS1NCCC _ u.B �'� 2� , sAAXizoF [d"'tihl"zG E3:IIi 1 �,5 �,°!vNE�vji Lawaearee�'.P✓diiusS¢er '' 'L�aecm?ive Tee�nesaSemP On Us'isd day ui Pciolaev, AD 2001 b0Nove me Canoe LawrencB Ill. Mindtav, known do me poi,onalty uulnd having qy ma gal py<uimn, did d,,Frjloo.ntLd�ay: anal he vesides in ins C©rnndy®d Devggoo,State gd Mawdevs¢yr;that ho is the EIIgea a Vice President of rho Gnli inswnw.,e Cn mF�nV,flog cmpargd'oon aoomlEed lie anal ukthiCh execgGed atue abgve Vnstvamcnt;diagd lao knows Me sort 81 sadd CovlrCvadinni;that inn seal aiii;Zod to Gm said ons9vmrnouuic ss svoC;o CEvpuraCg sent; start It ums so rffored by©rater od Me Bard of DireMers ofi sag€'I cu mmvadi®n and➢Grad he signaut his nams,f6acvedo-.1 @Ike mdev. (0mN.T. 0 F tg1 V 1`(©1 tC SSNCO UD'IT;' C)IF .RIIE�N'i(CRLC �C N®.dat��adam�cc Q?maJDGe€t din.I�um��ewuaty Corume ssdmm tEr,2ires FeFsn=y 16,2007 1,itm mDdeosiquacd,Sggdgv Ulco President ofi tde CgpV Ig£drgRED CgTHpauayp,g Cannac dCdd Ompamliun, D®CIEV'SEE`v CEGf'd Y ap,ad dlao igrcggouag 8oari atia",tact 6TdwE6a©P Adp4dVdVdElr vegorouos don fin10 Gu6Cu:. ��. sigmcd and se2hd of an City Or tdevv v'®rt[. ,v09UPAN//\CFp�``�, Dm�a=rl Pllne �/a'� R3ag Of��/� ,2P. ��r' �NNECS\�,s�)� _ 'y George Bnmmemes]i Senior Tee]@resue•e©[ Issued in Four (4) original counterparts Bond "': B36007016 Premium 32,262.00 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 Canyon Vista, L.P., a California Limited 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 May 23 2003, and identified as Tract Map No. 31006, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and Gulf Insurance Company as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of One Hundred Thirteen Thousand One Hundred and 00/100 dollars ($113,100.00), 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 in the said Agreement respecting the repair and replacement of defective workmanship and Pace 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 June 3rd , 2003. PRINCIPAL Canyon Vista, L.P., a California Limited Partnership By: l ��^ °�°�jx,� By: Signature Signature By: f\V- � k UkV-k to- By. Name and Title Y,f'Ut�zAL PARTNS2 Name and Title SURETY By: Gulf Insurance Company By:(� J AA'Lf M (Surety Name) Attorney-in-Fact . Diane M. Nielsen (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of � 0 �r-c'r" r'\ ) County of i-;i. L On (" ��/t :� JI C.L' before me, T'( 1 ;.�,jJ/ L,, i, Date y q Name and title of Officer(e,g.,"Jane Doe,Notary,Pylbllc") Gxl personally appeared 6��Y'1'1 11 vt 4 I Namev)of Signer(s) l r, personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person whose name(?) is/acasubscribed to the within instrument and acknowledged to me that he/sey executed the same in his/hegt authorized cajr, pacity, and that by his/her/Haeir signature#( on the instrument the person,(; H p�N p or the entity upon behalf of which the person acted, C o #1319176 tF v executed the instrument. LWWTARY I� gept,47,gpp5� WITNESS my hand and official seal. I I>, Signature of Notary Public ( OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent I' fraudulent removal and reattachment of this form to another document ) l It Description of Attached Document °I > Title or Type of Document:a t v r�Cz) ,l J. ,, c: /4 d«,a ,i&PZa.inC t - '� r '; �x,. Document Date: b�j at 7 Z-00*3 Number of Pages: (, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r, I Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): )� ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top Df thumb here [� l t Signer Is Representing: Signer Is Representing: 1 r l h ©1995 National Notary Assoclation•8236 Remmet Ave,PO Box 7184•Canoga I CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON 6 , 3 � , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate_ O Partner(s) (X) Attorney In Fact ( ) Trustee(s) O Guardian/Conservator O Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (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 seal. LUIS GARCIA Commissionsi31o163 i Notary Public-Calitomia Riverside County 10�'Ay Comm.Expires Jul 20,2005 Signature: a—,,N to r_y_-. ALL PURPOSE ACKNOWLEDGMENT CL- �r,_0'JL /�i'I�M PRIGHULC uF M) PO1JVFt] GIP AT to]P 9Ct'APIE PI'M1EEO®CV BLUE SAUTV PITER%1`91TH TV9AV- IM1 . KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organizes under the laws of the Stale of Connecticut,having its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons, firms,or corporations as may be selected from Time to Lime;and any such Attorney-in-FaC\ may be removed and the authority granied him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the hoard of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of ilia Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facslmlie signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint VAN G. TANNER PAUL LEWIS MATT COSTELLO LINDA WELD DIANE M. NIELSEN ANN WILLARD FILAMENA LEMOS its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute,acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company iheieby as fully and'(a the same extent as rf any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attomey(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IN @Idl'Gb9ES5 VIUMEEOF,tllo RUN Vaosuvabueo Cm uysanrp Vows canotd 9hosa pvccmmfo I's he sidnuoeV Gay any w;jictr ui thu to taam and i'ts Tca9 Et iae hecu4u at9ir.uit. CULL'ITISUAAIICE CtO,i:9_PbPl 02, SUMNCEC Ss A � Nec��i� (( d rs c�• � �' ��L horc"Ov¢Vic?P T¢stdent m� Out RVa isi day of 30a[,aoc, AO 2M, iao�nve cunt canto Laa^umnco P. Mfni0er', Imavuaa to Me iromonahy who heing Ay tau=, 6uplyp s^rruiro, did A©posc and' aayo: ih,gE he resides on BVau Cuuidyy of Levhtm,Sig in of How,Euvsey;that ho as the Eimcutive Uics Pnosodout Of Him Buff incurnnua V unopcnap,the cncputodar dttsc9 2aE in and cuhah mMcu➢ad'the zlzvo onstvntamn;that Vac kmtnas the seat/of said cospt3at%u ;llhu't 4he seta aV4oxcd to%,",s`akl fnse mumoais i.,E°aa6 cmvpcn'ato soot/; 8fiaa't iE was so INixed hap©rdw on b m Goaed of©icecVtas ad sand c®epusato®n and'that Vie signed fofs namac,Uaevoiu by like uvdev. J.�Tev 021 �`\ G S7GA'3'lE rLbF 1'E1�.aJV T!�G�mTn. �, �� 6` U�q.� .� PI®dory Fc51fie,Gate an4'Il2c°ifi'arl- ®S'1T°d�f'.A '��'' Il];VVy°!® )ice .� �/�IAt g, ¢110.41AVI,50M®:rneY CoRnnnCut."..siott E7; IF,es Telhrun,y Ly,207 C,GGis nndct<vigned,Semiuct➢oce�vosoden9 uV Oho VtuSG Voesuvaoics Cocnpamy,a Ctnoona�ocioi Ctuynui'atitoi,©©CVi:'t3E01'CGyo V'V6�79GcaV the 6uctguium}ant nitaohsd V^U9Y1 M OV WTJ'➢iV IV mmains in inif Vuacce. IDa¢eel aCae L.I7h eta,a -n ,z© f— sig .,ned and nkd ae 1h,City Mew h.of loT 1 Po L� \. Gcu,ge D'inneavclu Issued in four (4) original counterparts Bond #: B36007016 Premium $2,262.00 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 Canyon Vista, L.P., a California Limited 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 rTay 23 2003, and identified as Tract Map No. 31006, is hereby referred to and made a part hereof; and WHEREAS, Principal is required underthe terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and Gulf Insurance Company as Surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of One Hundred Thirteen Thousand One Hundred and 00/100 dollars ($113,100.00), 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 in the said Agreement respecting the repair and replacement of defective workmanship and Paae 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 June 3rd 2003. PRINCIPAL Canyon Vista, L.P., a California Limited Partnership By: j . i,Y By: Signature Signature Name and Title L-&t&L, L PM-�rJ-L Name and Title SURETY -1 By: Gulf Insurance Company By:( C (Surety Name) Attorney-in-Fact Diane M. Nielsen (All Signatures Shall Be Notarized) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .ner.:;.. .:<1^C; �C;�i;�n^i���C^�:� ':=,�^f�^�-v' '^^^., �.� Y �, .. ,.�, .,�.�`�^.�C-=�.—G a ;��;G:F,:..:;r1;^{_`✓._�'-`,.�, +'�z - ' 4 State of ?I ii Q I<� County of 0 d'i?.d'1 L�.�= �I On lCC',C."J J:_'?i 26Z before mo, Data Name and Tllle of Officer(e,g.,"Jane Doe,NolarylPlvibllc") 1 t- personally appeared d,1",_,fn 1 ) LtCId v Name(s)of Signer(s) q0 personally known to me—OR—❑proved tome on the basis of satisfactory evidence to be the perso9w, i � whose names is/are-subscribed to the within instrument JI {<j and acknowledged to me that he/skieAhey executed the same in his/hell authorized capacity(rPS), and that by �f b <� »= ������ ®��� � his/hallsignaturer(�Jon the instrument the person(s� y or the entity upon behalf of which the personf�s`)'acied, :>f COMM.#1319176 < 01 cc •m - NOTARypuBLIC-CALIFORNA T�J executed the Instrument. .� ORANGE COLNTY g � ►rlyComm.Exp.Sept.27,2005 N WITNESS my hand and official sea]. <C C, 21 �cy t;Signature of Notary Public Public 1�1i 1�2 s 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 li� it Description of Attached Document G1 Title or Type of Document:�Itv v4 p ctPPyl S D11 I be< Lfvc) rce I�C Document Date: Number of Pages: Signer(s) Other Than Named Above: �I ;S Capacity(ies) Claimed by Signer(s) l Signer's Name: Signer's Name: c I r> t. El Individual El Individual )I ❑ Corporate Officer ❑ Corporate Officer �51 Title(s): Title(s): OR 4); ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee `ZI <((Q ❑ Guardian or Conservator ❑ Guardian or Conservator I<)I ❑ Other: Top of thumb here ❑ Other: Top of thumb here '31 tb�, JI Signer Is Representing: Signer Is Representing: g� Qi C� ;n l% i71 wP,.'v�`J✓..✓.:✓„✓',.�'.1(.v ✓>u_.._y`=(. < ✓p:���-J-^.o,vo'✓C";Jr�--� ., ., � v v v �O'��.:3;�C%�=U`...�..—x.:.,..✓>✓.A�� _�_,�J� 01995 National Notary Association•8236 Perfmer Ave.,P.O Box 7184•Canoga Park,CA 91309-7184 ,. Prod No.5907 Reorder:Call Tall-Free 1-800-B75-5827 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON �j �— BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate O Partner(s) (X) Attorney In Fact O Trustee(s) ( ) Guardian/Conservator O Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. wIS cnRcw WITNESS my hand and official seal. commission#isioiw z Notary Public-Califomia Riverside County Ir _ W Comm.Expires Jul 20,2005 Signature: Luis Gar t , N�tiar ALL PURPOSE ACKNOWLEDGMENT Prl TWITA R CDT A 7701 U 1EY ©Ef9 hh9 L OF Fe89C IPOIVISLCo L)L Cf° fftili v UIE pluuinlIVER BE ULUE MUETY RIPER VdiTif TUL left(. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporaiien duly organizeo under the laws of the State of Connecticut, having its principal office in the city of loving,Texas, pursuant io the following resolution, adopted by the Finance et Execurive Commitiea of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Aitorney-in-Fact,such persons,firms,or corporations as may be selected from time to time,and any such Aiiorney-in-Foci may be remover) and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall he construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge, deliver or oiherwise issue a policy or policies of insurance on behalf of Guli Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may he affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signai ne and iacsinide seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint VAN G. TANNER PAUL LEWIS MATT COSTELLO LINDA WELD DIANE M. NIELSEN ANN WILLARD FILAMENA LEMOS its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said aTiomey(s)-in-fact,pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. Ti frff)"K-bS tfW69f°RO 96", 9m.GnVfi insumuco Ommpamy has onusoil fiffoso pDmsents W laa sfpuued Goy any mlfilmer u4 the Campm-ol autd iio Cgcpum�3 00al 1 he herm2m aG3oaimd. GIIJa.P IIPIpIIJ£.7iSJCL c©r2FAIidY F\C�SUFNNCf Cp,'9, Q;nvbVJFOT`' OF J -�' �/ e.ae�a'emee PaurtniLer Pzecw'ave Jiee li cesnde©t ©m ihos"Joi day mC Oloec,'ar, OD 2W], hc-fam me carafe Louivemom P. V9ond(m., hnmvm to me poramnaVVy nrtue heong by mue duh"suLF05'�u, ddd depose an0 -ay: 4Gaa2 hm imsfdes em V&ae Rmuom y mf Dmuhmm,E4a9m®@ NevD o9musmy;hamP.ha os¢Gum E;;mm nde7m YP¢oa Veumsodmm8 mGdhm dtodE Vnsnunmmm unopauoy,dGue crospm m£fan uzsm;o"ud in and uah3oh o"=M]Wd Ma ahmvm ams4iimeuofl;Ohai hm N-mud,His wall of saod omupmca@oum;ffh?G Oho seal aNfi Mm uo:ha C'hd tuusVcnwmmG„os stoeGs coDv{u^u�.ue.r.ra6; 1c4 off uaas;;u @U11;0d by mudmc of f!ho Dmaa`d al 9h,acim.s mf said mmo'p®u•a7omm anaC fhml iaa sfy aaa9 fide mamoo, iflermic by fit e u.dmff. �paineiq. / arr+ fit;rva.��t_�E,r�rr�-ts>✓�,f.,t��� STA`9'� Oh I�IF—FIv:�CI�IId S9 r °UD x�R� N®Cary publuc,State®E Ide.""Or c ��UIFT°C T=I E`JJ 9Z© of,NY r-t�e.®n v�mgIl��IIa Qaalifiee in T"i ngs CouiLy Commissfenn Fzpnnr¢s Zebraany 16,2007 9,the uund®csagned,OonPma Vice p msident mf 4fuo GUN hosneance Cmmpamy,a CeomnectfCM 0ovfa®vaiVmn,UG,HLREDY CE2WFY iVua9'ho turoguonh amyl attached P81112'(f,`-A' ffl`HE YP sooniins on 4nh forme. c . 5 ➢Dakesl tEae rday©J , Signed and Sea]led as ttie City off New`lark. /'��� C2. T 1 `�' O3 IS ZEAL �UNECS��J p Q.-eengc TDnz.ncavdu