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HomeMy WebLinkAboutA4716 - MOUNTAIN GATE PS VENTURES SUBDIVISION GATEWAY NPC TM30963-2 PD279 CS 5.0931 •HETURN TO: C 1 CLERK DOC #E 200a—Ss2eal CITY OF PALM SPRINGS 07/24/2003 08:00R Fee:NC BOX274,3,( Page I of 40 PALM S�11�/:.+�III Recorded in Official Records /l� County of Riverside 1 Gary L. Orso Assessor, County Clerk & Recorder 111111111111111111111 l l l l l 11111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. A Al COPY LONG REFUND NCRG C%AM SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS YKWI and MOUNTAIN GATE PALM SPRINGS VENTURES, LLC A DELAWARE LIMITED LIABILITY COMPANY Mountain Gate, PS.Ventures Subdivision Improvement Agr AGREEMENT #4716 R20622, 6-11-03 Tract 30963-2 ORIGINAL BID ANDIOR AGREEMENT 0 TABLE OF CONTENTS 0 I.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 i IIIIII IIIIII IIIIII III IIIII"IIII IIIIII III IIIII IIII IIII ©t/2 08 08 1 07/ 00F Constructio ......................................................... 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................ 11 Ei. Acceptance of Offers of Dedication................................... 11 IF. 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 111111111 Jill 11?A526A' F,o SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBQIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this y� 1- day of_ 122g 2003, by and between the CITY OF PALM SPRINGS, a municipal corporatio of the State of California ("CITY"), and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 30963-2 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication an easement for public utility purposes as shown as 10' PUE"along and adjacent to all private streets; easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "C" through "P", inclusive; an easement for public use for landscape, open space and storm drainage purposes over Lots "R" through "T", inclusive; an easement for public utility purposes over Lots "Q", "U"through '7% inclusive, and Lots"AX through "CC", inclusive; and an easement for public utility and sewer purposes over Lots "U" and "W City desires to accept the various public dedications as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1 IIIIIIIIE111111III11111111111111111III1111111111111 © 2403-5,psi o J i 1.1 Works of Implvement. 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 $4,830,000.00. 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 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 fuill intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion 2 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII IIII 0?r4 260 30810F@A J r of the Works of Improven nt as specified herein or as deemetcessary 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. 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 3 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII IIII 24E 2003 0 t i7 OF completed in accordanceth all other applicable federal, state,* local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfies. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. 4 111111111111111111 III 11111 HIM 111111 III 11111111111 07/e�2003 881 00R J � 2.3 Force Maiewt-. Notwithstanding the provisions fection 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently 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. 5 llllll llllll llllll III lull llllll llllll 111 11111 IN 1111 07 24,2©3 08:RE p i 1 3.3 Licensed Confctors. Subdivider shall cause all of,t•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. (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 $4 830 000 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 $2 415 000.00 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 $25,000.00 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$724,500.00 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: 6 I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII fIII ©l,2©R&02&e:nno S + (a) Bonds. For S•rity Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline 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. 7 I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIIII III IIII 07/00113-550891 V2©©7@81 O&A � z 4.4 Letters of Cre9 • (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 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 8 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III 111111111 Jill F7l 41/?RFr,FF P..l nnn k r • Works of Improvement, SOUP reimbursement shall be subject toseparate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of 'the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final 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 9 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIIII III IIII 67 c��J^c6C3 G6-1 OOA r the uncompleted work bArce account or contract or both an*ereupon recover from Subdivider or any Security Instrument, or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary 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. 10 �IIIIIIIIIE11111111111111111111111111111111111111IIII 4 � i 11. Corporate A�hority. The persons executing this Afeement 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. 11 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIIII III IIII R7 2 4�20 3 08:00F IN WITNESS WF%- EOF, the parties hereto have e0cuted this Subdivision Improvement Agreement as of the date first above written. DATED: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Patricia A. Sanders, City Clerk Davi d Ready, C ager APPROVED AS TO FORM: _ y City-Attorney SUBDIVIDER: Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (Check One:_ individual, K partnership, —corporation) By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company By: Century Homes Communities, a California Corporation, General Partner B�; y c ohn W. Pavelak, President Mai i g Address: 1535 South "D" Street "Y C'p P°yCj11L San Bernardino, CA 92408 RE& Ilia �(p Z. , (' -( I -03 (909) 381-6007 * _ - (909) 381-0041 (Fax) 12 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �'�/4�!20©a©91©aq 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-------------------------------- Name(s)of Signer(s) ® personally known to me to be the persons)whose names)Ware subscribed to the CARRIE ROVNEY within instrument and acknowledgment to me that Commission#1348457 he/sheftltey executed the same in his/=4heir authorized 7+ Notary public-calitomia capacity(ies),and that by his/hevVieir signatures(s)on the RNersiae county instrument the erson MVComm.EaXOM Mar26.2 P {sj,or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal --Signahrfeaf-�Public State of California ) )ss. County of Riverside ) on .14n a 5, ac03 before me, Carrie Rovnev.Notary Public Date Name and Title of Officer ' personally appeared --------------------------------Patricia A Sanders ------------------ --------------------------- Name(s)of Signer(s) ® personally known to me �,.., CARRIE ROVIJEY Commission# 1348457 a : ry .CSA`4� Notary Public -Colilomia Riverside C to be the person(s)whose name(s) is/are subscribed to the ounty My Comm.Expires Mor26,2Wb Within instrument and acknowledgment to me that he/she/they executed the same in bis/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 Si nature ofNota Publie I IIIIII IIIIIIIIIIII III IIIII IIIIII IIIIII III IIIIII III III fi7 24/cF93s08 GOA I EXHIBIT"A" TENTATIVE TRACT MAP 30963 CONDITIONS OF APPROVAL 13 1111111111 IN 07/24°2003 Oe.R0R a 8� Its ?KovEJ EXHIBIT A C CASE 5.0931-PD-279 NAFtYELANNED DEVELOPMENT DISTRICT (PD #279) 0q� �te2 TENTATIVE TRACT MAP 30963 � �Ab CORNER OF GATEWAY DRIVE AND HIGHWAY 111 �6.40 p1 00 ,9,,4 CENTURY VINTAGE HOMES CONDITIONS OF APPROVAL February 26, 2003 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 or their 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. PLANNING DEPARTMENT: 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. 1 a: 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 Case 5.0931-PD 279 and TTM 30963. 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. 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. IIIIII III IN 07124/030G81©QR 3. If, within two (2) years after the date of approval by the city council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(I), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district and tentative tract map shall expire, Extensions of time maybe allowed for good cause. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval.- - 4. - The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to 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 and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$5,000 for the review of the CC&R's by the City Attorney. 5. Separate architectural approval and permits shall be required for all signs. 6. The project shall be developed in three phases. A. Phase 1 shall include completion of the specific requirements of the subdivision including all street improvements included and/or adjacent to that phase, and all off-site improvements included and/or adjacent to that phase. These improvements shall include improvements of the common recreation adjacent to main entry, entry gate and landscape elements including Highway 111 and Gateway Drive landscaping, and seven residential lots incorporating the model complex. Phase 1 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc., for the model complex. The retention and detention basins on the westerly property boundary will be completed during Phase 1. B. Phase 2 shall include development of approximately 164 residential lots within the southerly and easterly portions of the gated community and 26 lots within the ungated portion of the project. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 2 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc., for all single family residences. C. Phase 3 shall include development of 121 residential lots within the northerly portion of the gated community. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 3 includes site plans, roof IIIIIIIIIIIIIIIIIIIIIIIIIII HIM IIIIIIIIIIIIIIIIIIIN 07�0°20030s'oer, plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc, for all single family residences. 7. Final landscaping, irrigation, exterior lighting, and fencing plans for each phase shall be submitted for approval by the Planning Commission (see Condition.#3 above) prior to issuance of a building permit/construction permits. Landscape plans shall be approved _. _. _by the Riverside-County Agricultural Commissioner's Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern project perimeters, using trees and shrubs. The windbreak shall be installed as residential phases are developed. 8. 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 Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. A street tree program shall be submitted to the Department of Planning and Zoning prior to the issuance of a Certificate of Occupancy. 10. 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. 11. 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 12. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 13. 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. 14. The street address numbering/lettering shall not exceed eight inches in height. 15. 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 shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. If lighting for the tennis courts is ever proposed, the tennis courts shall be subject to Section 93.01.01 of the Zoning Ordinance pertaining to tennis court lighting as follows: .. II II III I III III IIII II II IIIIII III IIIIIII II IIII 0 2/242 2003 1 0E 00A R i 1. Night lighting shall be allowed subject to the following property development standards; a. The height of the light fixtures shall not exceed 18 feet. A maximum of five light standards shall be permitted on each side of the court. The height of the fixture shall be measured from natural grade. b. The light beam shall not extend off the subject property. Lighting levels shall not be more than 1 foot candle above the ambient light level on adjacent properties. c. Quartz lights shall be prohibited. d. Lighting shall not be greater than 400 watts per fixture. 17. The retention and detention basins shall be fully landscaped and designed to provide passive recreation opportunities, to the extent possible. 18. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. For single family residences, cans must be located with 50' of the street. For the common areas, trash enclosures shall be required in each recreation area. 19. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 20. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed pool structure and the path of travel to the main entrance. 21. The Department of Planning and Zoning recommends that the applicant obtain a copy of the publication, Suggestions for Disabled Access Design in New Single Family Homes available through the Department of Planning or the Department of Building in order to consider incorporation of building design features that would enhance handicapped accessibility. 22. Common areas pool hours shall be closed between the hours of 10 pm to 7 am. 23. The maximum building height shall be 18' measured from the building pad height approved on the final grading plan. 24, The entry plan for the project entry shall be refined to provide adequate improvements and provide additional wall, gate, lighting and landscape details as part of the Final Planned Development plans. 25. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The developer shall be responsible for completed front yard. landscape, irrigation and exterior lighting plans. In addition, rear yards shall be landscaped within 90 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement. ee 111111111111 III 11111 HIM 111111III 1111111II IN �,, 11 s`a�i�eR 26. The project entry shall incorporate decorative street, landscape and safety lighting. Decoratative lighting at entries shall be pedestrian scale. 27. Project setbacks shall be as follows: Front yard setback - 20' Side yard setback - 5' Rear yard setback- 15' Refer to R-1-C Zone for remaining property development standards. 28. The minimum house size shall be 1,211 square feet, with a mix of housing sizes up to 2,778 square feet. Larger residences may be permitted as long as the building footprint is consistent with setback and lot coverage requirements. The maximum lot coverage shall be 47% of the net lot area. 29. The Developer shall construct a minimum six foot tall, decorative block wall around the entire project. Where necessary, the use of a retaining wall may be required. Final wall plans shall be required as part of the Final Development Plans. All walls shall be decorative. The retention basin of Lot S shall be fenced using wrought iron. 30. All existing Tamarisk trees and roots shall be removed in an effort to reduce future root damage for existing homeowners. 31. A new property line wall for abutting properties shall include the removal of existing fences if the property owner consents to the removal. 32. Prior to issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. The amount of fees paid will be determined based on the established state formula for determining construction costs. • i 33. In accordance with Public Resource Code 5097. 94, if human remains are found, the Riverside County Coroner must be notified within 24 hours of the discovery. If the Coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacrament to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 34. A Riverside County-certified archeologist shall be retained to attend pre-grading meetings. The archeologist will carefully inspect the area to assess the potential for significant prehistoric or historic remains. If a site is uncovered, than a subsurface investigation may be needed if the site is determined unique/important for its prehistoric information. 35. A Native American Monitor shall be present at all ground disturbing activities and during construction activities, the monitor and the archeologist shall have the opportunity to temporarily divert or direct earth moving to allow time to evaluate any exposed IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III Illflll II IIII & /4,12NO3 ee z GOO Prehistoric or historic material. Any recovered prehistoric or historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Western Center for Archeology and Paleontology(UCR). 36. Any cultural resource documentation and survey documents generated in connection with the project shall be distributed to the Agua Caliente Band of Cahuilla Indians. MITVGATION MEASURES . 37. A. Prior to issuance of a grading permit, the developer will develop and submit a dust control plan to the City's Building Official, in accordance with the 2002 Coachella Valley PM- 10 State Implementation Plan and the South Coast Air Quality Management District (SCAQMD)Rule 403. SCAQMD shall also have the opportunity to review the PM-10 Plan, if it so desires. _. B. The proposed project will comply with the provision of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. Those requirements shall include but not be limited to: 1. That the plan shall include provisions to treat disturbed surface areas at construction and sites with dust suppressants in sufficient frequencies and quantities to prevent visible emissions from crossing the property line. v 2. That the plan must also include one or more fugitive dust control techniques as outline in Chapter 8.50, 3. That no debris shall be washed, blown by wind, or otherwise deposited onto streets or adjacent property and that all erosion control devices are working properly on a continuous basis. 4. That a cash bond shall be posted by the permittee throughout the period of construction time that the project is vulnerable to wind erosion. 5. That is complaints of windblown sand or dust arise the building and safety director may require additional dust abatement measures or limit or halt activities until such time that adequate erosion control has been achieved- C. A plan to control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City Building Official and South Coast Air Quality Management District(SCAQMD), if so desired, for approval prior to the issuance of grading permits. The project applicant shall provide evidence to the City Building Official that the SCAQMD has approved the fugitive dust plan prior to issuance of grading permits, if so desired. The plant shall specify the fugitive dust control measures to be employed. 38. Any diesel construction equipment with direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard. 39. Construction operations affecting offsite roadways shall be scheduled by implementing IIIIII IIIIII IIIIII�II IIIII IIIIII IIIIII III IIIIIII II IIII 07 2©�F2©3 0S 100E traffic hours and shall minimize obstruction of through-traffic lanes. 40. The structures shall be constructed in compliance with the Uniform Building Code (UCB) earthquake design standards. 41. :Prior to the issuance of a grading permit, a grading plan shall be reviewed and approved by the City that will include measures to contain run off, and fugitive dust. 42. The development shall prepare a Stormwater Pollution Prevention Plan (SWPPP). 43. Payment of Drainage Acreage fees shall be required unless improvements to the mast plan of storm drains is implemented. 44. The development shall comply with the recommended measures as outlined in the Hydrology report including but not limited to construction of a storm drain system, on site retention and detention basins. 45. The developer shall submit landscaping plans for approval by the City that incorporate walls, berms and landscape materials. 46. Construction shall be limited to the hours provided by the Palm Springs Municipal Code. 47. Home construction shall comply with the applicable code sections of the California Administrative Code and the Uniform Building Code. 48. Prior to the issuance of a building permit for residential construction the developer shall pay a school impact fee based on the current rate as adopted by the Palm Springs Unified School District. 49. The final design of the internal circulation and site access plans shall be subject to the review and approval of the City Engineer to ensure compliance with City access and design standards. 50. The applicant shall dedicate appropriate right of way to accommodate the ultimate improvement of master planned roadways on or adjacent to the project site. 51. Gateway Drive and Eastgate Road shall be improved to City Design Standards on or adjacent to the project site. Adequate off-street parking shaltbe provided on site to meet the requirements of the Palm Springs Municipal Code. 52. A fair share contribution shall be made towards the signalization State Hwy. 111 and Gateway Drive (11.2%). Should the signal be installed at an earlier time by the developer,'the City shall enter into a reimbursement agreement with the develop for remaining share of the signal costs. 53. The developer shall participate in the regional TUMF program. 54. Prior to or in conjunction with the issuance of a grading permit the develop shall relocate the Whitewater Mutual transmission line in accordance with the agreement reached with that agency. I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIIIII II IIII F7.e4/`�Fjy3 s�l©rJH I 55. In accordance with Resolution 15189 adopted by the City Council, the develop shall pay the drainage impact fees in effect at the time. 56. The developer shall include a non-motorized trail within the project's Highway 111 frontage. This would be in the form of a 12' combination sidewalk and,bikeway with a possible equestrian trail to be developed adjacent to the bikeway at a later date. If approved, this condition would supercede Engineering Condition of Approval on North Palm Canyon Drive No. 7. BUILDING 57. Prior to any construction on-site, all appropriate permits must be secured. All Construction shall comply with Title 24 of the California Administrative Code. 58. Outdoor construction activities shall not take place between the house of 7:00 pm and 7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or at any time on Sundays or on a Federal holiday. Time restrictions shall be included in the contractor specifications and shall be verified by the Director of Building and Safety. 59. Proposed structural designs shall comply with provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of California. Compliance with these criteria will be verified by the Director of Building and Safety prior to the issuance of building permits. FIRE 60. A. Approved numbers of addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. B. Fire sprinklers must be installed in every residence per the requirements of the Fire Marshall. 61. 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. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department or as per required by the,Fire Department. 62. An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings or as per required by the Fire Department. 63. 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. IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIIIII II II'I 0'c4/2003 A ' GOA w 64. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. 65. Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. 66. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the 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. 67. Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 68. A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises as per Municipal Code 8.04.260. WASTE DISPOSAL SERVICES 69. The location of the trash enclosures shall be submitted to the waste disposal service for approval. .Notification of the waste disposal service's approval shall be submitted to the Department of Planning and Zoning before a Certificate of Occupancy shall be issued. ENGINEERING The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. PHASES 1 - 4 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. Developer shall obtain California Department of Transportation (Caltrans) permits and approval of plans for all improvements proposed and construction performed within State Highway 111 (North Palm Canyon Drive) right-of-way. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Construction shall be coordinated with the Engineering Department relating to City of Palm Springs Resolution 17950- Restricting Street Work on Major and Secondary Thoroughfares. 3. -Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s)shall be submitted to 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. NORTH PALM CANYON DRIVE (STATE HIGHWAY 111) 4. This development is subject to the review of the California Department of Transportation (Caltrans). Actual requirements of this development, including additional right-of-way dedications and/or improvements related to State Highway 111, shall be addressed by the developer to the satisfaction of the Caltrans District 8 Director, or other delegated authority, and the City Engineer. The required improvements for North Palm Canyon Drive (State Highway 111) as listed herein may be modified, deleted or other conditions added as required by Caltrans. All improvements shall be constructed in accordance with Caltrans standard drawings and specifications. 5. Construct an 8 inch curb and gutter, 56 feet north of centerline along the entire frontage, with a 35 feet radius curb return and spandrel at the northwest corner of the intersection of North Palm Canyon Drive and Gateway Drive. 6. Construct a minimum 8 feet wide sidewalk behind the curb along the entire frontage. 7. Construct an access ramp meeting current California State Accessibility standards at the northwest corner of the intersection of North Palm Canyon Drive and Gateway Drive. 8. Construct an 8 feet wide cross-gutter at the intersection of North Palm Canyon Drive and Gateway Drive, including additional improvements at the northeast corner of the intersection of North Palm Canyon Drive and Gateway Drive, OR otherwise as required to provide adequate surface water drainage of the intersection. 9. In accordance with previous Caltrans requirements listed in their letter of May 16, 1991 unless otherwise modified or waived pursuant to further correspondence from Caltrans, , the developer shall construct acceleration/deceleration (auxiliary) lanes f r feet (each) in length in addition to construction of a 10:1 taper(100 feet minimum length), and required striping. 10. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, where required to meet existing and proposed improvements, and as required by I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III(IIIIII II(III 07 c©0 20 3�02&on Caltrans. GATEWAY DRIVE - 11. Construct 6 inch curb and gutter, 20 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No, 200. , t an 8 feet wide _12 Pamela Drive, n and d a_ewalk.beliind_curb from North Palm Canyon-Drive to the - - -- c 5 feet wide sidewalk from the Mountain Gate Entry to accordance with City of Palm Springs Standard Drawing No. 210. 13. Construct 25 feet radius curb returns,spandrels and a 6 feet wide cross-gutter at the intersection of Gateway Drive with the Mountain Gate entry, together with Type A access ramps on either side of the entry, in accordance with City of Palm Springs - - - ---.Standard Drawing No.200,.206, and 212.__.-___._-__-_ 14. Unless otherwise specifically waived by Sunline Transit Agency, construct a 160 feet long by 12 feet wide bus turn-out along the frontage in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional requirements, including furnishing and installing bus stop furniture and/or shelter may be required; contact Sunline Transit Agency for further details. If waived by Sunline Transit Agency, appropriate right-of-way shall be reserved for construction of a future bus turn-out or bust stop, as required by Sunline Transit Agency. 15. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PAMELA DRIVE, VIDEO ROAD, LAWRENCE CIRCLE, HOWARD CIRCLE, ALBERTO CIRCLE, AND JIMINEZ CIRCLE 16. Protect the existing improvements in place and make appropriate improvements at the north ends of each street to the satisfaction of the City Engineer, such that proposed improvements cleanly match existing improvements. Final plan details shall be approved by the Planning Commission. EAST GATE ROAD 17. Dedicatea full-width right-of-way'of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with Tramview Road, together with property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. 18. Construct 6 inch curb and gutter 20 feet both sides of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII &7r24�/26 00 a&A 19. Construct a minimum 5 feet wide sidewalk behind curb along both sides of the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. 20. Construct a Type A access ramp meeting current California State Accessibility standards at the southeast corner of the intersection of East Gate Road and Tramview Road, and on the south side of the intersection with Alterra, in accordance with City of Palm Springs Standard Drawing No. 212. 21. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of curb to edge of curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 22. Make appropriate improvements at the south end of East Gate Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. TRAMVIEW ROAD 23. Dedicate full-width right-of-way of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with East Gate Road, together with a property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. The right-of-way shall follow the alignment of the modified street"knuckle" at the intersection' of Tramview Road and East Gate Road, in a manner acceptable to the City Engineer. 24. Construct a modified street "knuckle"at the.intersection of Tramview Road and East Gate Road, to the satisfaction of the City Engineer. The curb alignment shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 25. Construct a 6 inch curb 20 feet north of centerline along the entire frontage, and throughout the modified street"knuckle", in accordance with City of Palm Springs Standard Drawing No. 200. 26. Construct a minimum 28 feet wide driveway approach at the intersection of Tramview Road and Alterra (private street), in accordance with City of Palm Springs Standard Drawing No. 205. 27. Remove the existing curb, gutter, sidewalk and asphalt concrete pavement throughout the cul-de-sac at the end of Tramview Road, and construct 6 inch curb and gutter 20 feet south of centerline, together with a 5 feet wide sidewalk behind curb, to create a new curb alignment at 20 feet south of centerline to be consistent with proposed improvements westerly of the end of the existing right-of-way. Additional improvements adjacent to those properties identified as APN 669-381-001 and 669-381-002 (597 and 581 W. Tramview Road) including, but not limited to, extension of existing driveways and extension of existing front yard landscaping out to the edge of the new sidewalk shall be installed to the satisfaction of the Director of Planning and Zoning and the City .- Engineer. III II I I I I III II II III III II IIII IIII © .za.2J of aR 28. Make appropriate improvements at the west end of Tramview Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. 29. The Engineering Department shall initiate a right-of-way vacation for the subject portion at the current westerly end, following completion of required removals and construction as_required herein. ON-SITE (PRIVATE) STREETS 30. Dedicate an easement 37 feet wide extending from back of curb to back of curb to the City of Palm Springs for sewer purposes with right of ingress and egress over the private streets. 31. Dedicate an easement 57 feet wide for public utility purposes extending from 10 feet behind back of curb with right of ingress and egress over the private streets. 32. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum 50 foot setback measured from the face of curb to the gate access control mechanism. B. Provide a turnaround after the mechanism for vehicles unable to enter the project C. Security gates shall provide a minimum of 20 feet clear width in each direction. 33. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along all on-site (private) street frontages, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 34. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line parallel with and 18 feet from the centerline of the intersecting street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 35. The following traffic calming devices shall be incorporated into the on-site streets: Narrowed pavement'chokers' shall be provided approximately mid-block on all on-site streets, as approved by the City Engineer. Chokers shall be designed with a transition using 25 feet reverse curves and a 50 to 100 feet long, 24 feet wide (12 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. 36. Construct a minimum pavement section of 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, throughout all on-site streets. The pavement section shall be designed, using Ef IIIIII II E 111111 III 11111111111 II II 1 II� � II OiWV11 03©an6% 3 a "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 37. Dedicate an easement 20 feet wide to the City of Palm Springs for sewer purposes across Lot D and Lot F. 38. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 39. Extend the existing 8 inch sewer main within East Gate Road, and construct an 8 inch sewer within all on-site streets, and connect new sewer mains to the existing sewer mains within Video Road, Jiminez Circle, and East Gate Road. 40. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department: The plan(s) shall be submitted to the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 41. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the sewer system by the City of Palm Springs. GRADING 42. 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. 43. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. The Grading plan shalt be submitted to the Planning Department for approval to submit for plan check prior to submittal Engineering Department. A PM 10 (dust control) Plan shall be submitted to and the approved by the Building Division prior to approval of the grading plan. The Grading 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. IIIIII IIIIII IIIIII IIIIII IIIIII IIIIII III IIII IIIII IIII ©�20��n5 ea rer+F t C. Copy of Tentative Map 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. COPY of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491)to the City Engineer prior to issuance of the grading permit. 44. Obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 45. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3' wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 46. In accordance with City of Palm Springs Municipal Code, Section 8.60.00, 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. 47. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the 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 subject to approval by the City Engineer prior to the issuance of the grading permit. 48. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 49. 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 50. Dedicate an easement 41 feet wide to the City of Palm Springs for drainage purposes extending across the entire west side of the project, for future use by the Riverside County Flood Control and Water Conservation District(RCFC)for Line 2 of the City of Palm Springs Master Drainage Plan. Retention/detention basins within the drainage easement may be used on an interim basis for management of off-site stormwater IIIIII IIIIII IIIII III IIII IIIIII IIIIII III IIIII IIII IIII ©7/14/20©3©0 tOOR fl .I 1 j Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 58. Contract Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the project. Make appropriate .arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the'-development. A letter of approval for _relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Department prior to issuance of a certificate of occupancy. 59. 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. _-_ 60. . _-All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 61. The Title Report prepared for subdivision guarantee of the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the first draft of the Final Map to the Engineering Department for review and approval, 62. The Tentative Tract Map may be phased into multiple final maps. A Final Map for each phase shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. A Final Map for each phase shall be approved by the City Council prior to issuance of building permits within that phase. 63. Building permits may be issued for lots to be created from a Final Map for the first phase, prior to City Council approval of a Final Map of the first phase, provided that a Land Use Permit or other separate approval of the City relating to construction of a model complex within the first phase is granted by the City. TRAFFIC 64. 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 North Palm Canyon Drive (State Highway 111), Gateway Drive, East Gate Road, and Tramview Road frontages of the subject property. 65. Install street name signs at each intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 66. A 30 inch "STOP" sign and standard "STOP BAR"and "STOP LEGEND" shall be IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII IIII t O?24/2©0a 08 O&A installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at the following locations: Mountain Gate at Gateway Drive exit 67. ;Pay to the City of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection. The fair share contribution has been determined as 11.2% based on the Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$16,800.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. If installation of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection is requested by the developer in conjunction with the construction of this project, the developer shall be responsible for the design and _. installation of the traffic'signal, pursuant to City and Caltrans approvals and permits. A traffic signal plan shall be submitted concurrently to the City.and Caltrans for review and approval. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of a maximum of 88.8% of the cost of the traffic signal construction, and shall receive reimbursement as adjacent properties develop and post payment for their fair share contribution towards its installation. 68. Pay to the City of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Indian Canyon Drive and Las Vegas Road intersection. The fair share contribution has been determined as 8.2% based on the Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$12,300.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. 69. 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. 70. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. I 2@03-5528 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII IIII 07 24/2063 08100R NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORMATION: PA_TIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner-of Century Crowell Comm rnities, L D., a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has detennined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary responsibility for management of the Projects has been delegated to the. corporation's Project Managers, who are Denny Felkel, Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (orgn on behalf of the Corporation, as general Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of an rojectty P Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow histructiart Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. ❑Pa�mmutes\cmPomt\QID60Ldac IIIIII IIIIII IIIIII III(IIII IIIIII IIIIII III IIIII IIII IIII t©?24/2003 0810©R r RELVED, that copies Of these requiring evidence of authosO ti n. ALL SUCH PERSONS�ORSPUBLIC AGENCIES AREmay be provided to anYI HEREBY PUT son or public agency NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CRO`VELL OR ANY PROJECT ENTITY. All Directors were present and unanunously consented to the above. DATE: May 12, 2003 ATTES 1 i"14 Paveiak, Presiders David J. Miller, ssistaut Se tad Upn\mmutes\cogoorud070601 doc I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII IIII U7 2 ©37 9f 40 R Ma9 14 2003 4: 39PM IWRSERJET 3330 P. CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES LLC THIS CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC, a Delaware limited liability company("Owner'),in connection with Owner's ownership and development of certain real property located in the City of Palm Springs,County of Riverside, California(the"Property"). Owner hereby certifies the truth, accuracy and completeness of the following matters: I. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware.Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("Troxler'%and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole members in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.P., a California limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the"Development Agreement"),pursuant to which Owner has retained Century to perform certain services, including without limitation, managing the development, construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terms of the Development Agreement,to prepare,negotiate,process,file,record, execute and deliver,as applicable, the following documents and instruments (including any amendments orterminations thereof) on behalf of Owner(collectively, the"Development Documents"): (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (H) Agreements securing the services of the project architect(s), engineers and any other contractor, supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors, suppliers or consultants required by law to be engaged by a licensed general contractor. (Hi) Applications for governmental permits and approvals for the development, construction and disposition of the Property, subdivision,tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements, subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restrictions, articles of incorporation,bylaws any other documents relatedto the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory,to prepare,negotiate,process, file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the rights held by the members of Owner to act on behalf of the Owner; or(ii) supersede or amend any of the F:\2 Net\259 CENTURY\004 Mtn Gate\Does\Fina1\AuthCart.LLC.3 ADD I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII IIII 4R G 200©2 ARR ,May 14 2003 4: 39PM �LRSERJET 3330 • p, 3 terms of the Development Agreement. 5. Third parties shall be entitled to rely on this Certificate unless and until such parties have received a written notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner, 6. This Certificate may be executed in any number of counterparts, each of which shall be an original, but all of which shall, together, constitute one and the same instrument. Each person signing this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. IN-WITNESS WHEREOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: Troxler Residential Ventares VHI, LLC, a Delaware limited liability company Its: Managing Member By: Troxier Ventures Partners,Inc., a California corporation Its: Operating Member By. Name:Bryan P. Troxle Its: President By: MOUNTAIN GATE, LLC, a California limited liability company Its: Member By: Century Crowell Communities,L.P., a California limitedparmership, Its: Managing Member By: Century Homes Communities, a 'alifcroi orporation Its: General Pee J � By: Name: Its: - FA2 Net\259 CENTUR-Y1004 Mtn Gate\DocslFinallAuthCert.LLC.3.doe 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�II e�:aFrgeeS�ealsea CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO On this 15th day of May 2003, before me, Doris A. Benoit, Notary Public, personally appeared John W. Pavelak personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the i entity upon behalf of which the person acted, executed the instrument. d WITN SS my hand and official seal. 8 ignature of Notary Public i tl:ae aieu £oi Offieiul No[aiial Senl ii y I DORIS A,BENOR Commission#1310451 z ti Notary Public- Cstifomia San Bernardino Courtly J My Comm.Expims Jun 24,20%f a x i. i i SUBDIVISION IMPROVEMENT AGREEMENT BY AND BETWEEN CITY OF PALM SPRINGS AND MOUNTAIN GATE PALM SPRINGS VENTURES, LLC A DELAWARE LIMITED LIABILITY COMPANY { r i a. ._ 1@11-552J91 IIIIII IIIIII IIIIII III�����IIIIII IIIIII���������������� 07,24,20E 08 90F Bond No. : 104107214 Premium Included I CITY OF PALM SPRINGS n Performance Bond - BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 2003, and identified as Tract Map No 30963- 2, is hereby referred to a d 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 ComoanvrofcAmerica `�na Surety 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 Seven Hundred Twenty-Four Thousand Five Hundred and Q0/100 dollars ($724.500.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions Page 1 of 2 in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety:above named, on May 23 , 2003. PRINCIPAL- Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: Ceqtpry Homes Communities, a California Corporation, General Partner By: f (� ohn W. Pavelak, resident SURE Travelers Casualty And By: Surety Company of Amerlya By: (Surety Name) Gary DitfurtVl , A orney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State Of CALIFORNIA RIGHT THUMBPRINT(Optional) County Of LOS ANGELES V i On MAY 23 , 2003beforeme, KELLY K. BATES , NOTARY PU L (DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC'] o personally appeared GARY DITFURTII INAMEISI OF SIGNERIMI CAPACITY CLAIMED BY SIGNERS) OINDIVIDUAL(S) ❑CORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICER(S) TtEs basis of satisfactory ❑PARTNER(S) []LIMITED evidence to be the ❑GENERAL person(s) whose name(s) OATTORNEY IN FACT is/are subscribed to the OTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: °FrN KELLY K. BAdeTE® he/she/they executed the COMM. #1235973 same in his/her/their po (NOTARY PUBLIC-CALIFORNIA 0 authorized capacity(ies), SIGNER IS REPRESENTING: 0. SAN FRANCISCO COUNTY and that by his/her/their (Name of Person(s)or Entry(ies) Y My Comm. Expires Sept30, 2003�, signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optionoll instrument. I I Witness my hand and official seal, I (SEAL) (SIGNATl4 E OF NOTARY) _ CAPACITY CLAIMED BY SIGNER(S) OWDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICERIS) The information requested below and in the column to the right is OPTIONAL. 'TITLES' Recording of this document is not required by law and Is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERIS) ❑LIMITED unauthorized document. DGENERAL III ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signeris)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or EntitYUasl WOLCOTTS FORM 63240 Rev 3 94 IPnoe due E 2AI (DI994 WOLCOTTS FORMS,INC. \LL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATICN! O FINGERPRINTS III�II77 A77LI c TRAVEL ASUALTY AND SURETY COMPANY OF RICA T nLERS CASUALTY AND SURETY COMPAIW FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, -THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in tire City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hash made, constituted and appointed, and do by these presents make, constitute and appoint: Frank Hertel,Dana S. Garcia, Chris M. Enriquez, Gary Ditfurth,Kim Duong, Kelly K. Bates, Nancy M. Chavez, Jonathan Fong, Maria De La Torre, Andrea Gonzalez, of Diamond Bar, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice ]President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. rtt_nn Rtnnd.,Al i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. ; + (AUNTY OF SAN BERNARDINO ) i a On this 23`d day of May 2003, before me, Doris A. Benoit, Notary Public, personally a appeared John W. Pavelak, President personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 4 � a WITNESS my hand and oi seal. < Signature of Notary Public- DORIS A.BENOIT Cori;mission fli 1310451 Notary Public- CaFifomia 7d n. R Sari Bernardino County MyCamrn Expires Juln 24 20!Y5f� 1 ' CITY OF PALM SPRINGS BOND FOR MOUNTAIN GATE PALM SPRINGS VENTURES, LLC ) 4i J 4 • NOTICE OF SPECIAL MEETING OF TIM BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D"Street, San Bernardino, California: SIGNING AUTHO.Rd7ATION: PATHICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Cro;vell Comsu m ties, L P , a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project') be vested in a limited liability company or limited partnership ("Project Entity'); WHEREAS, primary.responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Denny Felkel,Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either, re e G ry Weintraub, as a Vice President, or David I. Miller, as Assistant Secretary, signing alone or if required, ither Gary Weintraub, David J. Miller, together or individually together with any project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner.of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.)in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow hEtructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. UpalmviNs\coxyoiat\010601.doc requiring evidence of authorization. ALL SUCH PERSONRESOLVED, that Copies Of these SmORSPUBLIC AGENCIES ARE may be provided to anY I HEREBY PUT-son or public agency NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUIyDER ARE SIGNING ONLY IN TIM CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIA FOR ANY OR OBLIGATIONS OF THE CORPORATION, CENTURY CRQ�x�LL OR h.IdY PRO DBCT OR Y, BLE ANY D All Directors were present and unanimously consented to the above. DA 'E: NIay 12, 2003 ATTES h . Pavei_ak, PresidezE> David J. Miller, ssistant.Se Lary, Upa\minutcs\cocporut\Oipepl.doc , May 14 2003 4: 39PM LFSERJET 3330 p. 2 CERTIFICATE OF MOUNTAIN GATE PP.LM SPRINGS VENTURES LLC THUS CER.TirICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOT NTAIN GATE PALM SPRINGS VENTURES,LLC,a Delaware limited liability company("Owner'), in connection with Owner's ownership and development ofcertainreal property located ra he Crty of Palm Springs, County of iciverside, Caazifomia(the"Property j. Owner hereby certifies the truth, accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware. Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("Trox2er"),and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole member in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.P., a California limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the "Development Agreement"),pursuant to which Owner has retained Century to perform certain services, including without limitation, managing the development,construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terms of the Development Agreement,to prepara,negotiate,process, file,record,execute and deliver,as applicable, the following documents and instruments (including any amendments orterzninations thereon on behalf of Owner(collectively, the"Development Documents"): (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third patty homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home_ (ii) Agreements securing the services of the project architect(s), engineers and any other contractor,supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (iii) Applications for governmental permits and approvals for the development, construction and disposition of the Property, subdivision, tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements,subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restriod ons, articles of incorporation,bylaws any other documents related-to the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite appro0al of Owner, acting alone and as sole signatory, to prepare,negadate,process,file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the rights held by the members of Owner to act on behalf of the Owner;or(ii) supersede or amend any of the FA2 Net\259 CENTURY\004 Mtn Gate\Docs\Final\AuthCert.LLC.3.doc I May 14 2003 4: 39Phi LRSERJEI 3330 P. 3 terms of the Development Agreement, 5. Third parties shall be entitled to rely on this Certificate uniess and until such patties have received a written notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. 6. This Certificate may be executed in any number of counterparts, each of which shall be an original, but all of which shall, together, constitute one and the same instrument, Each person si gning this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. IN WITNESS WHEREOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: Troxler Residential Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners, Inc., a California corporation Its: Operating Member By: Name:Bryan P. Troxle Its:President By: MOUNTAIN GATE, LLC, a California limited liability company Its: Member By: Century Crowell Communities.L.P., a California limited par` ar,sh_ip-, Its: Managing Member By: Century Homes_Communities, a CaLiforni orponition - Its; Geaeral P e By: L_ Name: Its: FA2 Net1259 CENTURY1004 Mtn Gate\DocslFinal\AuthCert.LLC.3.doe 2 • Bond No. : 104107214 CITY OF PALM SPRINGS Premium Included LABOR AND MATERIALS BOND In Performance Bond WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 2003, and identified as Tract Mao No. 30963- 2, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Million Four Hundred Fifteen Thousand and 00/100 dollars ($2,415.000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 Labor and Materials Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 23 . , 2003. PRINICIPAL. -Mountain Gate Ventures, LLC, a Delaware Limited Liability Company ,By: Century`Cr. well Communities, LP, a California Limited Partnership, its Development Managenne nt Company; By: Century Homes Communities, a California Corporation, General Partner By: John W. Pavel , resident SUR TY By: Travelers Casualty And Surety Company of America (Syrety Name) Qy: 6/ Gary Ditfurt , Attorney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES E On MAY 23 . 2003beforeme, KELLY K. BATES , NOTARY PU L 4 IOATEI (NAMEnTLE OF OFFICER-i.e.'JANE DOE.NOTARY PUBLIC-) o` personally appeared GARY DITFURTII (NAMEISI OF SIGNERIS)) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) [)CORPORATE ® personally known to me -OR- Elproved to me on the OFFICERISI ITITIES) basis of satisfactory OPARTNERIS) ❑LIMITED evidence to be the ❑GENERAL person(s) whose name(s) OATTORNEY IN FACT Is/are subscribed to the ❑TRUSTEE(S) within instrument and OGUARDIANfCONSERVATOR acknowledged tome that OOTHER: he/she/they executed the �,•°^ °°r°, KELLY K. BATES same in his/her/their P COMM. 4%235973 'm authorized capacity(ies), SIGNER IS REPRESENTING: 0s'o NOTARY PUBLIC-CALIFORNIA and that by his/her/their (Name of Person(s)or Entty4ieal SAN FRANCISCO COUNTY 2 signature(s) on the " 1 My Comm. Expires Sept, 30, 2003 instrument'he pers0n(S), or the entity upon behalf of which the persons) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. _ E (SEAL) II ,y „y{ trf ° (SIGNATLbRE OF NOTARY) CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICER(SI The information requested below and in the column to the right is OPTIONAL. MYLES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERISI ❑LIMITED unauthorized document. [)GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Tale or Type of Document OTRUSTEE(SI MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Dote of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(sl Other Than Named Above SIGNER IS REPRESENTING: (Name of Personla)or Entitybesl WOLCOTTS FORM 63240 Rev 3-94 a,,c chaa B-2AI 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONTNO FINGERPRINTS II AII77 A-4III q TRAVELR#ASUALTY AND SURETY COMPANY OF�RICA TRI LERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State o_f Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Frank Hertel, Dana S. Garcia, Chris M. Enriquez, Gary Ditfurth,Kim Duong Kelly K. Bates, Nancy M. Chavez, Jonathan Fong, Maria De La Torre, Andrea Gonzalez, of Diamond Bar, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power, of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, airy Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-m-Pact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT jSTATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) 4 R On this 23`d day of May 2003, before me, Doris A. Benoit, Notary Public, personally appeared John W. Pavelak Presidenf personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed r the same in his authorized capacity, and that by his signature on the instrument the 4 person or the entity upon behalf of which the person acted, executed the instrument. WITNE 5 my hand and offici :seal. k Signature of Notary Public LBas nioa far OfCt[tol NOCarial Seal i �1 I DURISA BEiNW ^°` '` Comminsion#1313.a3y v 1,<- otary Public- Califamia rl San Br.rna rdino Caun6 Mycr,m'n Dca25.fu12A, 71 M CITY OF PALM SPRINGS BOND FOR MOUNTAIN GATE PALM SPRINGS VENTURES, LLC >i i d F NOTICE OF SP ECIA!, MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNINC=AUTHOPJZATION: RA TWICATION OF PPJOR ACTS � rHER—EA-S, the Corporation is the general partner of Century Crowell Comnumitics, T P , a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity'); WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Denny Felkel, Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same,.in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partaer.of Century Crowell, acting in its capacity as Mana Report for the Projects. ger or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scinua are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow LSstnrctions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. ❑phnmu skoTomt\OIDsol.ko • • RESOLVED, that copies of these Mnutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDWIDUALLY OR PERSONALLY LIABLE FOR ANY DEISTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CRO€j7ELL OR A 7 PROM T ENTITY. All Directors were present and unanimously consented to the above. DATE: May 12, 2003 AT ESfit n J Pavelak, Preside4K David J.Miller, ssistauf=Se ret UR\Mluutu\CCTO ,\010801.doc May 1.4 2003 4: 33pM LRSERJET 3330 p. 2 CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES LLC THIS CERTIFICATE OF M01I NTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC, a Delaware limited liability company("Owner'), in connection with Owner's ownership and development of certain real property I ocated in the City of Paine Springs,County of Riverside, California(the"Property'). Owner hereby certifies the truth, accuracy and completeness of the following matters: I. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware.Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("Troxler"),andMountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole members in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.P., a Califomia limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the "Development Agreement"),pursuant to which Owner has retained Century to perform certain services,including without limitation, managing the development,construction and disposition of the Property. 3.The Development Agreement perrnits Century, acting in compliance with The terms of the Development Agreement,to prepare,negotiate,process,file,record, execute and deliver,as applicable, the following documents and instruments (including any amendments orterminations thereof) on behalf of Owner(collectively, the"Development Documents"): (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (H) Agreements securing the services of the project architect(s), engineers and any other contractor, supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (iii) Applications for governmental permits and approvals for the development, construction and disposition of the Properly, subdivision,tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements, subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restrictions, articles of incorporation,bylaws any other documents related to the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory,to prepare,negotiate,process, file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrictany of the rights held by the members of Owner to act on behalf of the Owner;or(ii) supersede or amend any of the FAA Net\259 CENTURY\004Mta Gate\Dots\Final\AuthCert.LLC.3,doc I May 14 2002 4: 33PM LRSERJET 3330 P. 3 terms of the Development Agreemeat. 5. Third parties shall be entitled to rely on this Certificate unless and until such parties have received a written notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. b. This Certificate may be executed in any number of counterparts, each of which shall be am original, but all of which shall, together, constitute one and the same instrument, Each person signing this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she siZns to this Agreeanent. n -WITNESS WHERLEOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: TroxlerResideatial Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners, Inc., a California corporation Its: Operating Member By: r Name:Bryan P. Troxl Its: President By: MOUNTAIN GATE, LLC, a California linuted liability company Its: Member By: Century Crowell Communities,L.P., a California limited partnership, Its: Managing Member By: Century Homes Communities; a Californi orporation-_= - Its: Generale e By: Name: ` Its: gt . F:\2 Net\259 CENTURY1004 Mtn Gate\Docs\Final\AuthCart.LLC3.doo 2 CONTRACT ABSTRACT Contract Company Name: I 1 \�/ (AAA PAAmv� Company Contact: �l V e'er 10 7 L u C Summary of Services: fn"CA V D vt Her Contract Price: / Funding Source: N (� Contract Term: Contract Administration Lead Department: `L 1 Contract Administrator: Contract Approvals C C Community Redevelopment jll Agency Approval Date: �1 Minute Order/ Resolution Number: G� 2. 2- lJ 5(3 Agreement No: f t -7 4P Contract Compliance Exhibits: Ck/K �CC M(,A-(- Signatures: (+ Insurance: Bonds: Contract prepared by: Submitted on: By: OF PALM S 1N City of Palm Springs " Office of the City Clerk * ryC0 \4•'' R' RRnRAIV 3200 Tahquiez Canyon Way•Palm Springs,Califocma 92262 Cq(f F0?I TEL:(760)323-8204 •TDD:(760)864-9527 July 14, 2005 John W. Pavelak, President Mountain Gate Palm Springs Ventures, LLC 1535 South "D" Street San Bernardino, CA 92408 Re: Tract Map 30963-2 (Palm Springs A4716) Dear Mr. Pavelak: The obligations of the subdivision improvement agreement between the City of Palm Springs and Mountain Gate Palm Springs Ventures, LLC relating to Tract Map 30963-2 has been satisfied; therefore, the following is being released and returned: 1. Faithful Performance Bond No. 104107214 in the amount of$4,830,000.00; and 2. Monumentation Bond No. 104107215 in the amount of$25,000.00. Please feel free to call our office if there are any questions, (760) 323-8204. Sincerely, VA-Aa-i9 Kathie Hart, CMC Chief Deputy City Clerk /kdh Encl. Faithful Performance Bond Documentation Bond c: Marcus Fuller, P.E., P.L.S. Asst. City Engineer(w/ Encl.) Carol Templeton Engineering Associate File—A4716 (w/ Encl.) PW-Engineering\Release of Bonds-Itr Mt Gate II-2.doc Post Office Box 2743 0 Palm Springs, California 92263-2743 Clty of Palm Springs �C,L J` , Department of Public Works and Engineering �� , 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 z� i i;1� Ifs Tel: (760) 323-8253 • Fax: (760)322-8360 • Web:www.ci.palm-springs.ca.us July 7, 2005 _ rs Travelers Casualty and Surety Company of America Attention: Surety Department `'rk ram-- ;may 21688 Gateway Center Group Diamond Bar, CA 91765 e > r—Ci r Attn: Gary Ditfurth, Attorney-in-Fact c: Re: Tract Map 30963-1 and Tract Map 30963-2: Mountain Gate Phases 1 and 2 = C�, w ; Please consider this letter as the City of Palm Springs' notice that the obligations of the subdivision improvement agreements between the City of Palm Springs and Mountain Gate Palm Springs Ventures, LLC, related to Tract Map 30963-1 and Tract Map 30963-2, have been satisfied. The following subdivision securities required by the agreement may now be released: • Tract Map 30963-1: Faithful Performance Bond; Bond No. 104107212; $831,500.00 • Tract Map 30963-1: Monumentation Bond; Bond No. 1 041 072 1 3; $3,500.00 • Tract Map 30963-2: Faithful Performance Bond; Bond No. 104107214; $4,830,000.00 Tract Map 30963-2: Monumentation Bond; Bond No. 1 041 072 1 5; $25,000.00 The Phase 1 and Phase 2 subdivision improvements for this development were accepted by the City on December 3, 2003 and May 24, 2004, respectively. The bonds for maintenance and warranty of improvements (Bond Nos. 104107212 and 104107214) are included in the Faithful Performance Bond amounts for Phase 1 and Phase 2 have been held in full force and effect for one year (as of December 3, 2004 and May 24, 2005, respectively) and may now be released. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, ^ n e X Carol Templeton Engineering Associate cc Dons Benoit,Century Vintage Homes-via facsimile (909)383-9086,Hallmark&Associates,Attention:Tom Tyrell,8337 Telegraph Rd,Ste 200, Pico Rivera, CA 90660,James Thompson,City Clerk,TM30963-1 file and TM30963-2 file Post Office Box 2743 0 Palm Springs, California 92263-2743 Bond No. : 104107214 Premium: $57, 960.00 For the Term of 2 Years CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State.of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated � , 2003, and identified as Tract Map No. 30963-2, is hereby referred to and rdade a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Travelers Casualty And Surety NOW, THEREFORE, we, the Principal and Company of America as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Four Million Eight Hundred Thirty Thousand and 00/100 dollars ($4.830,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Page 1 of 2 Faithful Performance Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and :Surety above named, on May 23 2003. PRINCIPAL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: Century Homes Communities, a California Corporation, General Partner By: ?` John W. Pavelak, PYesident SUR By: Travelers Casualty And Surety Company of America �urety Name) iBy: E Gary Ditfur h, orney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State Of CALIFORNIA RIGHT THUMBPRINT(Optional) County Of LOS ANGELES F On MAY 23 oo3beforeme, KELLY K. BATES , NOTARY PU L q (DATE) (NAMEITITLE OF OFFICER-i.e:JANE DOE.NOTARY PUBLIC') `a personally appeared GARY DITFURTH INAME(S)OF SIGNERIS)1 CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) ❑CORPORATE ® personally known to me -OR- ❑ roved to me on the OFFICERIS) ITITIESI Ebasis of satisfactory OPARTNER(S) ❑LIMITED evidence t0 be the OGENERAL person(s) whose name(s) OATTORNEY IN FACT Is/are subscribed to the OTRUSTEEISI within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: 1:7LY K. BATES he/she/they executed the I//a '`""" COMM. #1235973 o same in his/her/their 01m o NOTARY PUBLIC-CALIFORNIA c authorized capacity(ies), SIGNER ISREPRESENTING: a SAN FRANCISCO COUNTY and that by his/her/their IName of Peraon(a)or Entity(ieal • My Comm. Expires Sept. 30, 2003 signature(s) on the " instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. _ F 0 z (SEAL) ��t7C/�JJf.I�)S o ISIGNA OF NOTARY) CAPACITY CLAIMED BY SIGNERS) OINDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. ITITIES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED Unauthorized document. ❑GENERAL OATTORNEY IN FACT THIS CERTIFICATE Inds or Type of Document OTRUSTEE(S) MUST'BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Persons)or Entitylieal WOLCOTTS FORM 63240 Rev.3-94(price claee 8]AI 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/flEPRESENTATION/iW0 FINGERPRINTB 7 Il6ll77 63240 I 8 TRAVELEC)�ASUALTY AND SURETY COMPANY OF AA ERICA TRAM v L"LERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint:Frank Hertel,Dana S. Garcia,,Chris M. Enriquez, Gary Ditfurth,Kim Duong, Kelly K. Bates,Nancy M. Chavez,Jonathan Fong,Maria De La Torre,Andrea Gonzalez, of Diamond Bar, California, their true and lawful Attomey(s)-in-Fact,with full power and"authority hereby conferred'to sign, execute and acknowledge, at any place within the United States, the following instrument(s). by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)an-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant'Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Doard of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed'in the office of the Secretary." - VOTED: That any bond, recognizance, 'contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by o`ne or mare Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority.is signed.and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY' OF AMERICA, TRAVELERS-CASUALTY.AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect:r,,.;,i • _,_; , VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be afLxed by facsimile to any power of attcmey or to any certificate rotating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ! I ! CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO 1 On this 23rd day of May 2003, before me, Doris A. Benoit, Notary Public, personally appeared John W. Pavelak, President personally known to me, to be the person whose I name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. W ITN S my hand and offi ' I seal. Signature of Notary Public I ehis area for official Na[orinl Senl I ld DORIS A.SENOIT i,i }i f Commission 9 1310451 <' 2 Notary Public-California > - _ San Bernardino County F` my comrn.Expires Jun 24,2aM CITY OF PALM SPRINGS BOND FOR MOUNTAIN GATE PALM SPRINGS VENTURES, LLC I I ^� r NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D"Street, San Bernardino, California: SIGNING AUTHORMATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary.responsibility for management of the Projects has been delegated to the. corporation's Project Managers, who are Kenny Felkel,Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant-Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in,connection with the.Projects. RESOLVED, that Dennis Harrison, Tony P. Sciraia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf ofthe Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. Upa1m'vuxtes\coxporat\O1pBOl.doc 5 RESOLVED, that copies of these Mnutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROTVELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: May 12, 2003 ATTES Pavelak, President David J. AJiH sistaut Se ,v�tary , llpa5minutu\carya5at\Hl OHOl.doc May 14 2003 4: 35PM `r`)LASERJET 3330 P 2 CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES LLC THIS CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC, a Delaware limited liability company("Owner"), in connection with Owner's ownership and development of certainreal property located in the City of Palms, Springs,County of Riverside, California(the`I"Troperiy }. Owner hereby certifies the truth, accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware.Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("Troxler'),andMountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole members in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.P., a California limited parmarship ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the"Development Agreement"),pursuant to which Owner has retained Century to perform certain services,including without limitation, managing the development,construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terns of the Development Agreement,to prepare,negotiate,process, file,record, execute and deliver, as applicable, the following documents and instruments (including any amendments orterminations thereof) on behalf of Owner(collectively, the"DevelopmentDocume¢is"):. (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (H) Agreements securing the services of the project architect(s), engineers and any other contractor, supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (Hi) .Application's for governmental permits and approvals for the development, construction and disposition of the Property, subdivision, tax and/or improvement bonds,bond surety agreements,subdivision improvement agreements,subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restrictions,articles of incorporation,bylaws any other documents relatedto the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has an requisite approval of Owner, acting alone and as sole signatory,to prepare,negotiate,process, file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the rights held by the members of Owner to act on behalf of the Owner;or(ii)supersede or amend any of the R_12 Net\259 CENTURY\004 Mtn Gate\DocslFinallAuthCert.LLC.3,doc 1 May 14 2002 4: 3SPM LRSERJEi 3330 P. 3 y ` T terms of the DeveLopmentAgreemeat. 5. Third pares shall be entitled to rely on this Certificate unless and until such parties have received a written notice of revocation c£this.Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner, 6. This Certificate maybe executed in any number of-ceuntetparts, each of which shall be an original, but all of which shall, together, constitute one and the same instrument. Each person sigmug this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. IN WITNESS WHEREOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By; Trmder Residential Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners, Inc., a California corporation Its: Operating Member By: Name:Bryan P. Troxle Its: President By: MOUNTAIN GATE, LLC, a California limited liability company Its: Member . By: Century Crowell Communities,L.P.,. a California limited partnership, Its: Managing Member By: Century Homes Communities, a Calif, ' 0 rporati0" Its: General P e By: 14 tir Name: Its: p(�� FA2 NetW9 CENTURM004 Mtn GatelDocslFinallAuthCert.LLC.3.doc 2 pond No. : 104107215 Premium: $300.00 For the Term of 2 Years CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS,,,the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated , 2003, and identified as Tract Map No. 30963-2, is hereby referred,to and rode a part_ hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. Travelers Casualty And Surety NOW THEREFORE, we, the Principal, and Company of America , as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Twenty-Five Thousand and 001100 DOLLARS ($25,000.00), lawful money of the United States,for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, 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 setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to theirtrue intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein Page 1 of 2 � y i stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change',extension of time, alteration- or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 23 2003. PRINCIPAL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: ntury Homes Communi 'es, a California Corporation, General Partner L L By: '-' ohn W. avel k, resident SURE Travelers Casualty And Surety By: Company of America By: (Surety Name) Gary Ditfurtlo Att rney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State Of CALIFORNIA RIGHT THUMBPRINT fOptional) County Of LOS ANGFT,TS s On MAY 23 , 2QQ3beforeme, KELLY K. BATES , NOTARY PU L q IDATEI INAME/rITLE OF OFFICER•i.a.'JANE DOE.NOTARY PUBLIC') `o personally appeared GARY nITFURTl3 INAMEISI OF SIGNERISII CAPACITY CLAIMED BY SIGNERISI ❑INDIVIDUAL(S) ❑CORPORATE ® OFFICERISI personally known to me -OR- ❑ roved to me on the In�� Dasls Of satisfactory ❑PARTNERIS) ❑LIMITED evidence to be the ❑GENERAL person(s)whose name(s) OATTORNEY IN FACT Is/are subscribed to the ❑TRUSTEEIS) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER KELLY K. BATES he/she/they executed the -o same in his/her/their COMM' #1235973 no authorized ca acit IeS SIGNER IS REPRESENTING: o NOTARY PUBLIC-CALIFORNIA p Y( (Name of Penon(s)or Entityliael 0 m SAN FRANCISCO COUNTY -a and that by his/her/their My COMM, Expires Sept. 30, 2003 signature(s) on the +ct*vP� instrumenttheperson(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. lit ° (SEAL) ° (SIGNATURE OF NOTARY) CAPACITY CLAIMED BY SIGNER(5) ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. PmLESI Recording of this document is not required by law and is also optional. ❑PARTNERIS) ❑LIMITED It could, however, prevent fraudulent attachment of this certificate to any ❑GENERAL unauthorized document, OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEEIS) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signedsl Other Than Named Above SIGNER IS REPRESENTING: (Name of Personls)or Entity(iss) WOLCOTTS FORM 63240 Rev.3-94 I,nce clm 8-2A1 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONRWO FINGERPRINTS II III77 A-4 II I 2 TRAVELE1 --ASUALTY AND SURETY COMPANY OF i' ERICA TRAM-ZLERSCASUALTY AND SURETY COMPAN FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Frank Hertel, Dana S. Garcia, Chris M. Enriquez, Gary Ditfurth,Kim Duong, Kelly K Bates, Nancy M. Chavez, Jonathan Fong, Maria Be La Torre, Andrea Gonzalez, of Diamond Bar, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by Iris/her sole signature and act, any and all bonds, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-m-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, an}' Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or an% Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,an), Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, an}, Executive Vice President, any Senior Vice President, any Vic, President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-m-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) ri On this 23rd day of May 2003, before me, Doris A. Benoit, Notary Public, personally appeared John W. Pavelak, President personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the j person or the entity upon behalf of which the person acted, executed the instrument. s� I WITN S y hand and officialLseal. Signature of Notary Public i iCris nieo Foc OL£3[aal Notat-3a1 Soal 1: DORIS P_BENOIT A commission#13ID451 Notary Public- CaFf0m!2 San Bernardino County ". My Comm E�ires Jun 24.2005� i i i CITY OF PALM SPRINGS BOND FOR MOUNTAIN GATE PALM SPRINGS VENTURES, LLC i I a I i NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D"Street, San Bernardino, California: SIGNINC AUTHORM—ATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner.of Centirry Crowell Communities, L.P., a Califonria limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has detemrined that it is in the best interests of Century Crowell th ('('Project Entity"); at ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership WHEREAS, primary.responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Denny Felkel,Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as - Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in,connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general par acr.of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. Up¢Immuts\copomfl�lOB0ldoc RESOLVED, that copies of these Nlumtes may be provided to any person or public agency requirnig evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY. PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: May 12, 2003 ATIES Pave1_ak, Presiden� David J. Miller, sistaut Se taryy upa\mimtsboryoatwu.....00 May 14 2003 4: 3SPM LRSERJET 3330 f Y � CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES LLC THIS CERTITICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC,a Delaware limited liability company("Owner"), in connection with Owner's ownership and development of certain real property located in the City of Pair,.Springs,County of Riverside, California(the"Prape V). Owner hereby certifies the truth,accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware. Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("Troxler"),and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"),are the sole members in Owner with full authority to bind Owner. 2.Owner and Century Crowell Communities,L.P., a California limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the "Development Agreement"),pursuant to which Owner has retained Century to perform certain services,including without limitation, managing the development,construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terms of the Development Agreement,to prepare,negotiate,process,file,record,execute and deliver, as applicable, the following documents and instruments (including any amendments or terminations thereof) on behalf of Owner(collectively, the"Development Documents"): 0) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (1i) Agreements securing the services of the project architect(s), engineers and any other contractor,supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (ui) Applications for governmental permits and approvals for the development, construction and disposition of the Property, subdivision,tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements,subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restrictions,articles of incorporation,bylaws any other documents related to the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory,to prepare,negotiate,process,file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrictany of the rights held by the members of Owner to act on behalf of the Owner; or(ii) supersede or amend any of the F:\2 Net\259 CENTURY\004 Mtn Gate\Dots\Final\AuthCart.LLC.3.doc 1 May 14 2003 4: 33PM /-V� LFISER.IET 3330 p. 3 terms ofthe Development Agreement. 5. Third parties shall be entitled to rely on this Certificate unless and until such patties have received a written notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. 6. This Certificate maybe executed in any number of counterparts, each of which shall be an original, but all of which tit shall, together, cc one and the same instrctment, Each person signing this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. IN-WITNESS WHEREOF,this Certificate is executed efYcctive as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: Troxler Residential Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners,Inc., a California corporation Its: Operating Member By: Name:Bryan P. Troxle Its:President By: MOUNTAIN GATE, LLC, a California limited liability company Its: Member . By: Century Crowell Communities;L.P., a California Limited partnership, Its: Managing Member By: Century Homes Communities, a CaLiforni orporaticn. Its; General P e By: Name: Its: FA2 Net1259 CENTURY1004 Mtn Gate�Docs\FinallAuthCert.LLC.3.doe 2 PETURN TO: • C17"f CLERK DOC N 2003-552001 CITY OF PALM SPRINGS 07/24/2003 08:00A Fee:NC BOX� .'!, R Page 1 of 40 B 274 PAW Gary l 63 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clorl 1, Recorder III Hill 11111111 M S U PAGE F SIZE DA PCGR NOCOft SM MISC V J A R L COPY LONG REFUND NCHG FXAIA SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGSKW and MOUNTAIN GATE PALM SPRINGS VENTURES, LLC A DELAWARE LIMITED LIABILITY COMPANY Mountain Gate, PS.Vbntures Subdivision Improvement Agr AGREEMENT #4716 R20622, 6-11-03 Tract 30963-2 ORIGINAL BID ANDIOR AGREEMENT t � • 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 4A 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 i IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII IN97 24/290 018:@OR Constructiof......................................................• 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 111111 III 11111 HIM 111111 III 1111111111111 07 2©e�2 63�0e'�9fl SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBQIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this fyJifi day of 122gil , 2003, by and between the CITY OF PALM SPRINGS, a municipal corporatio of the State of California ("CITY"), and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 30963-2 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. Pursuantto the Conditions, Subdivider, by the Map, has offered dedication an easement for public utility purposes as shown as "I U PUE"along and adjacent to all private streets; easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "C" through "P", inclusive; an easement for public use for landscape, open space and storm drainage purposes over Lots "R" through "T", inclusive; an easement for public utility purposes over Lots"Q", "U"through "Z", inclusive, and Lots "AA"through "CC", inclusive; and an easement for public utility and sewer purposes over Lots "U" and "W". City desires to accept the various public dedications as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1 2&0-55 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII INW/4/2 d3L08 OR J r 1.1 Works of Implvement. Subdivider agrees, at Ale 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 $4,830,000.00. 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 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 surrey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion 2 I IIIIII IIIIII IIIIII�II IIIII IIIIII IIIIII III IIIII IIII IIII 07 200 2003`081©0F t of the Works of ImproverrlL�nt 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. 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 or work 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 3 I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III 11111 El 1111 G?/24,2 68*,©R J � completed in accordanceth all other applicable federal, state# local laws,ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty_(30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two 2 ears after the Commencement Date. 2.2 Phasinq 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. 4I IIIIII IIIIII IIIIII�II IIIII IIIIII IIIIII III IIIII IIII IIII acre©zae es1OGA J � 2.3 Force MaOeu9 Notwithstanding the provisions o*ection 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement(or separate portion thereof), Subdivider shall cause such work to be diligently 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. 5 IIIIIIIIII II III IIIIIIIIIII IIIII III IIIII IIII IIII W 2©�/200 G08I WA i r 3.3 Licensed ConOctors. Subdivider shall cause all A 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. (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 $4,830,000.00 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 $2,415,000.00 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 $25,000.00 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$724,500.00 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: 6 I IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII IIII II'I ©7 2©/ 1 26A30B mA S i (a) Bonds. For S rity Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline 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 afterwritten demand therefor, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. III IIIIII III IN 67/°V2003�0810©F 4.4 Letters of Cre. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 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 8 111111111 HIM III IN y ,00 z©s 06 @FJA Works of Improvement, such reimbursement shall be subject toseparate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of 'the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final 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 andlor 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 II9 iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '/2011 20 -1 .- i[R i r the uncompleted work bylorce account or contract or both an*ereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. ` 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary 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. 10 111111 III 11111 HIM IIIIII III IIIIII III IIII 4 � 11. Corporate tority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such parry 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. 11 IIIIII IIIIII IIIIII 11111111111111111111111 IIIIII III IIII 07 2�4 2 93209�©GF IN WITNESS W*EOF, the parties hereto have e0cuted this Subdivision Improvement Agreement as of the date first above written. DATED: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Patricia A. Sanders, City Clerk David Ready, C l�r ager APPROVED AS TO FORM: tky-Attorney SUBDIVIDER: Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (Check One: individual, -( partnership, _,corporation) By: Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company By: Century Homes Communities, a California Corporation, General Partner B : _ _���� "" 1 � ohn W. Pavelak, resident Mai i g Address: �` p I('&F,10VFS 1535 South "D" Street rfir San Bernardino, CA 92408 (909) 381-6007 4 1 1 (Q (909) 381-0041 (Fax) 12 IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIII�III IIII EN240 20 3?581C�DR 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--------- ------------------------ Name(s)of Signer(s) ®personally known to me to be the person(s)whose name(s)W=subscribed to the VNEy within instrument and acknowledgment to me that 1345457 he/shcMtey executed the same in his/hentheir authorized Eimy= California _ ca aci and that b his/herftheir siounty � � p ��' y gnatures(s)on the MatZyy instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS�my hand and official seal Public State of California ) )ss. County of Riverside ) On JUne, a 5 00O3 before me, Carrie Rovnev.Notary Public Date Name and Title of Officer personally appeared --------------------------------Patricia A Sanders --------------------------------_ __ Name(s)of Signer(s) ® personally known to me CARRIE RQVNEY C-oky Commission# 1348457z Notary Public -CaMUmw = p (s)whose names)is/are subscribed to the to be the etRiverside county within instrument and acknowled ent to me that Comm.Expires Mar 26,2006 � he/she/they executed the same in Ius/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 lam, Si nature of Not Public I IIII I IIIIII I IIII III IIIII IIIIII IIIIII III IIII II IIII 07/24 � BOA 16 f 46 �tl EXHIBIT"A" TENTATIVE TRACT MAP 30963 CONDITIONS OF APPROVAL 13 l 20F3 200,089 :90A ��pvk0 �i EXHIBIT A gt1� CASE 5.0931-PD-279 YF9 NARY LANNED DEVELOPMENT DISTRICT (PD #279) ti 2TENTATIVE TRACT MAP 30963 a5�q Ja Ot � CORNER OF GATEWAY DRIVE AND HIGHWAY 111 'y54 �g �4 CENTURY VINTAGE HOMES too 4 S� t��vF CONDITIONS OF APPROVAL February 26, 2003 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 or their 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. PLANNING DEPARTMENT: 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. 1 a; 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 Case 5.0931-PD 279 and TTM 30963. 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. 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. 111111111 HIM 1111111 6 �z4 r©e3 ogl. 3. If, within two (2)years after the date of approval by the city council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(I), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district and tentative tract map shall expire, Extensions of time may.be allowed for good cause. The final development plans shall be submitted 1n accordance with Section 9403.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. -- 4. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to 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 and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$5,000 for the review of the CC&R's by the City Attorney. 5. Separate architectural approval and permits shall be required for all signs. 6. The project shall be developed in three phases. A. Phase 1 shall include completion of the specific requirements of the subdivision including all street improvements included and/or adjacent to that phase, and all off-site improvements included and/or adjacent to that phase. These improvements shall include improvements of the common recreation adjacent to main entry, entry gate and landscape elements including Highway 111 and Gateway Drive landscaping, and seven residential lots incorporating the model complex. Phase 1 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans-(front and rear yards), irrigation plans, exterior lighting plans, etc., for the model complex. The retention and detention basins on the westerly property boundary will be completed during Phase 1. B. Phase 2 shall include development of approximately 164 residential lots within the southerly and easterly portions of the gated community and 26 lots within the dngated portion of the project. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 2 includes site plans, roof plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc., for all single family residences. C. Phase 3 shall include development of 121 residential lots within the northerly portion of the gated,community. Phasing of amenities shall be concurrent with construction of adjacent residential units. Phase 3 includes site plans, roof 1111111 IIII a r plans, floor plans, exterior building elevations, landscape plans (front and rear yards), irrigation plans, exterior lighting plans, etc. for all single family residences. 7. Final landscaping, irrigation, exterior lighting, and fencing plans for each phase shall be submitted for approval by the Planning Commission (see Condition #3 above) prior to issuance of a building permit/construction permits. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A substantial windbreak shall be provided in the rear yards along the northern project perimeters, using trees and shrubs. The windbreak shall be installed as residential phases are developed. 8. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. i The applicant shall submit an application for Final Landscape Document Package to the Director of Planningand Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. A street tree program shall be submitted to the Department of Planning and Zoning prior to the issuance of a Certificate of Occupancy. 10. 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. 11. 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 12. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 13. 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. 14. The street address numbering/lettering shall not exceed eight inches in height. i 15. 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 shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. If lighting for the tennis courts is ever proposed, the tennis courts shall be subject to Section 93.01.01 of the Zoning Ordinance pertaining to tennis court lighting as follows: -. Illlll llll II Ilf Ill IIII HIM1111111111111111111112��'z0©Gt 4F1 K r t r 1. Night lighting shall be allowed subject to the following property development standards; a. The height of the light fixtures shall not exceed 18 feet. A maximum of five light standards shall be permitted on each side of the court. The height of the fixture shall be measured from natural grade. b. The light beam shall not extend off the subject property. Lighting levels shall not be more than 1 foot candle above the ambient light level on adjacent properties. c. Quartz lights shall be prohibited. d. Lighting shall not be greater than 400 watts per fixture. 17. The retention and detention basins shall be fully landscaped and designed to provide passive recreation opportunities, to the extent possible. 18. Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. For single family residences, cans must be located with 50' of the street. For the common areas, trash enclosures shall be required in each recreation area. 19. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 20. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed pool structure and the path of travel to the main entrance. 21. The Department of Planning and Zoning recommends that the applicant obtain a copy of the publication, Suggestions for Disabled Access Design in New Single Family Homes available through the Department of Planning or the Department of Building in order to consider incorporation of building design features that would enhance handicapped accessibility. 22. Common areas pool hours shall be closed between the hours of 10 pm to 7 am. 23. the maximum building height shall be 18' measured from the building pad height approved on the final grading plan. 24, The entry plan for the project entry shall be refined to provide adequate improvements and provide additional wall, gate, lighting and landscape details as part of the Final Planned Development plans. 25. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The developer shall be responsible for completed front yard landscape, irrigation and exterior lighting plans. In addition, rear yards shall be landscaped within 90 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement. IIII�I I�I�II 1III�I I��IIIII IIIIII IIIIII III�flllll II If�l R?124�r 21 o 821 0E,ea 26. The project entry shall incorporate decorative street, landscape and safety lighting. Decoratative lighting at entries shall be pedestrian scale. 27. Project setbacks shall be as follows: Front yard setback- 20' . Side yard setback- 5' Rear yard setback- 15' Refer to R-1-C Zone for remaining property development standards. 28. The minimum house size shall be 1,211 square feet, with a mix of housing sizes up to 2,778 square feet. Larger residences may be permitted as long as the building footprint is consistent with setback and lot coverage requirements. The maximum lot coverage shall be 47% of the net lot area. 29. The Developer shall construct a minimum six foot tall, decorative block wall around the entire project. Where necessary, the use of a retaining wall may be required. Final wall plans shall be required as part of the Final Development Plans. All walls shall be decorative. The retention basin of Lot S shall be fenced using wrought iron. 30. All existing Tamarisk trees and roots shall be removed in an effort to reduce future root damage for existing homeowners. 31, A new property line wall for abutting properties shall include the removal of existing fences if the property owner consents to the removal. 32. Prior to issuance of a building permit, the applicant shall pay developer fees to the Palm Springs Unified School District pursuant to the requirements established in SB50. The amount of fees paid will be determined based on the established state formula for determining construction costs. 33. In accordance with Public Resource Code 5097. 94, if human remains are found, the Riverside County Coroner must be notified within 24 hours of the discovery. If the Coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacrament to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. 34. A Riverside County-certified archeologist shall be retained to attend pre-grading meetings. The archeologist will carefully inspect the area to assess the potential for significant prehistoric or historic remains. If a site is uncovered, than a subsurface investigation may be needed if the site is determined unique/important for its prehistoric information. 35. A Native American Monitor shall be present at all ground disturbing activities and during construction activities, the monitor and the archeologist shall have the opportunity to temporarily divert or direct earth moving to allow time to evaluate any exposed 1111111111 1111111111111111111111111111111111111 &7��4 z� 6�1 prehistoric or historic material. Any recovered prehistoric or historic artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Western Center for Archeology and Paleontology(UCR). 36. :Any cultural resource documentation and survey documents generated in connection with the project shall be distributed to the Agua Caliente Band of Cahuilla Indians. MIT16ATI ON MEASURES 37. A. Prior to issuance of a grading permit, the developer will develop and submit a dust control plan to the City's Building Official,in accordance with the 2002 Coachella Valley PM- 10 State Implementation Plan and the South Coast Air Quality Management District (SCAQMD)Rule 403. SCAQMD shall also have the opportunity to review the PM-10 Plan, if it so desires. . B. The proposed project will comply with the provision of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. Those requirements shall include but not be limited to: 1. That the plan shall include provisions to treat disturbed surface areas at construction and sites with dust suppressants in sufficient frequencies and quantities to prevent visible emissions from crossing the property line. 2. That the plan must also include one or more fugitive dust control techniques as outline in Chapter 8.50. 3. That no debris shall be washed, blown by wind, or otherwise deposited onto streets or adjacent property and that all erosion jcontrol devices are working properly on a continuous basis. 4. That a cash bond shall be posted by the permittee throughout the period of construction time that the project is vulnerable to wind erosion. 5. That is complaints of windblown sand or dust arise the building and safety director may require additional dust abatement measures or limit or halt activities until such time that adequate erosion control has been achieved- C. A plan to control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City Building Official and South Coast Air Quality Management District(SCAQMD), if so desired, for approval prior to the issuance of grading permits. The project-applicant shall provide evidence to the City Building Official that the SCAQMD has approved the fugitive dust plan prior to issuance of grading permits, if so desired. The plant shall specify the fugitive dust control measures to be employed. 38. Any diesel construction equipment with direct internal combustion engines shall use a diesel fuel with a maximum of 0.05 percent sulfur and a four-degree retard. 39. Construction operations affecting offsite roadways shall be scheduled by implementing IIIIII IIIIII IIIIII III IIIII IIIIII IIIIII III IIIIIII II IIII 07 240/2 03�+$'Ear�p 4 7 ' i V traffic hours and shall minimize obstruction of through-traffic lanes. 40. The structures shall be constructed in compliance with the Uniform Building Code (UCB) earthquake design standards. 41. Prior to the issuance of a grading permit, a grading plan shall be reviewed and approved by the City that will include measures to contain run off, and fugitive dust. 42. The development shall prepare a Stormwater Pollution Prevention Plan (SWPPP). 43. Payment of Drainage Acreage fees shall be required unless improvements to the mast plan of storm drains is implemented. 44. The development shall comply with the recommended measures as outlined in the Hydrology report including but not limited to construction of a storm drain system, on site retention and detention basins. 45. The developer shall submit landscaping plans for approval by the City that incorporate walls, berms and landscape materials. 46. Construction shall be limited to the hours provided by the Palm Springs Municipal Code. 47. Home construction shall comply with the applicable code sections of the California Administrative Code and the Uniform Building Code. 48, Prior to the issuance of a building permit for residential construction the developer shall pay a school impact fee based on the current rate as adopted by the Palm Springs Unified School District. 49. The final design of the internal circulation and site access plans shall be subject to the review and approval of the City Engineer to ensure compliance with City access and design standards. 50. The applicant shall dedicate appropriate right of way to accommodate the ultimate improvement of master planned roadways on or adjacent to the project site. 51. Gateway Drive and Eastgate Road shall be improved to City Design Standards on or adjacent to the project site. Adequate off-street parking shall,be provided on site to meet the requirements of the Palm Springs Municipal Code. 52. A fair share contribution shall be made towards the signalization State Hwy. 111 and Gateway Drive (11,2%). Should the signal be installed at an earlier time by the developer,'the City shall enter into a reimbursement agreement with the develop for remaining share of the signal costs. 53. The developer shall participate in the regional TUMF program. 54, Prior to or in conjunction with the issuance of a grading permit the develop shall relocate the Whitewater Mutual transmission line in accordance with the agreement reached with that agency. I II�III IIIIII IIIIII III IIIII IIIIII IIIIII III IIIIIII II IIII a,;�e 2e��0 1�er� 55. In accordance with Resolution 15189 adopted by the City Council, the develop shall pay the drainage impact fees in effect at the time. 56. The developer shall include a non-motorized trail within the project's Highway 111 frontage. This would be in the form of a 12' combination sidewalk and bikeway with a possible equestrian trail to be developed adjacent to the bikeway at a later date. If approved, this condition would supercede Engineering Condition of Approval on North Palm Canyon Drive No. 7. BUILDING 57. Prior to any construction on-site, all appropriate permits must be secured. All - Construction shall comply with Title 24 of the California Administrative Code. 56. Outdoor construction activities shall not take place between the house of 7:00 pm and 7:00 am on weekdays, between the hours of 5:00 pm and 8:00 am on Saturdays or at any time on Sundays or on a Federal holiday. Time restrictions shall be included in the contractor specifications and shall be verified by the Director of Building and Safety. 59. Proposed structural designs shall comply with provisions of the current Uniform Building Code and seismic design criteria of the Structural Engineers Association of California. Compliance with these criteria will be verified by the Director of Building and Safety prior to the issuance of building permits. FIRE 60. A. Approved numbers of addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. B. Fire sprinklers must be installed in every residence per the requirements of the Fire Marshall. 61. 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. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department or as per required by the,Fire Department. I r . 62. An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings or as per required by the Fire Department. 63. 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. II�III III�II IIIIII�II IIIII IIIII�IIIIII III IIIIIII II IIII 0?.[4/©S3s8190A r 64. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. 65. Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. 66: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the 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. 67. Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 68. A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises as per Municipal Code 8.04.260. WASTE DISPOSAL SERVICES 69. The location of the trash enclosures shall be submitted to the waste disposal service for approval. .Notification of the waste disposal service's approval shall be submitted to the Department of Planning and Zoning before a Certificate of Occupancy shall be issued. ENGINEERING The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. PHASES 1 -4 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. Developer shall obtain California Department of Transportation (Caltrans) permits and approval of plans for all improvements proposed and construction performed within State Highway 111 (North Palm Canyon Drive) right-of-way. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Construction shall be coordinated with the Engineering Department relating to City of Palm Springs Resolution 17950- Restricting Street Work IIIIII IIIIII IIIIII�II IIIII I�IIII IIIIII III IIIIII II I�fl a�izaR�aa s da a©a I on Major and Secondary Thoroughfares. 3. -Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be submitted to 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. - - - --- - --- - NORTH PALM CANYON DRIVE (STATE HIGHWAY 111) 4. This development is subject to the review of the California Department of Transportation (Caltrans). Actual requirements of this development, including additional right-of-way dedications and/or improvements related to State Highway 111, shall be addressed by the developer to the satisfaction of the Caltrans District 8 Director, or other delegated authority, and the City Engineer. The required improvements for North Palm Canyon Drive (State Highway 111) as listed herein may be modified, deleted or other conditions added as required by Caltrans. All improvements shall be constructed in accordance " with Caltrans standard drawings and specifications. 5. Construct an 8 inch curb and gutter, 56 feet north of centerline along the entire frontage, with a 35 feet radius curb return and spandrel at the northwest corner of the intersection of North Palm Canyon Drive and Gateway Drive. 6. Construct a minimum 8 feet wide sidewalk behind the curb along the entire frontage. 7. Construct an access ramp meeting current California State Accessibility standards at the northwest corner of the intersection of North Palm Canyon Drive and Gateway Drive. 8. Construct an 8 feet wide cross-gutter at the intersection of North Palm Canyon Drive and Gateway Drive, including additional improvements at the northeast corner of the intersection of North Palm Canyon Drive and Gateway Drive, OR otherwise as required to provide adequate surface water drainage of the intersection. 9. In accordance with previous Caltrans requirements listed in their letter of May 16, 1991, , unless otherwise modified or waived pursuant to further correspondence from Caltrans, the developer shall construct acceleration/deceleration (auxiliary) lanes 605 feet (each) in length in addition to construction of a 10:1 taper(100 feet minimum length), and required striping. 10. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, where required to meet existing and proposed improvements, and as required by I�'lll III�II IIIIII III Ihll�III�I IIIIII III IIIIII II IN 07re©4/260C©3- 5 P 08� Caltrans. GATEWAY DRIVE - 11. Construct 6 inch curb and gutter, 20 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No: 200. . . 12. _ Construct an 8 feet wide sidewalk behind curb from_North-Palm-Canyon- Drive to the _ Mountain Gate entry, and a 5 feet wide sidewalk from the Mountain Gate Entry to Pamela Drive, in accordance with City of Palm Springs Standard Drawing No. 210. 13.1 Construct 25.feet radius-curb returns,spandrels and a 6 feet wide cross-gutter at the intersection of Gateway Drive with the Mountain Gate entry, together with Type A access ramps on either side of the entry, in accordance with City of Palm Springs - - -_Standard Drawing No. 200,206, and 212.-------- ------ -- - - - --- -- -- -- 14. Unless otherwise specifically waived by Sunline Transit Agency, construct a 160 feet long by 12 feet wide bus turn-out along the frontage in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional requirements, including furnishing and installing bus stop furniture and/or shelter may be required; contact Sunline Transit Agency for further details. If waived by Sunline Transit Agency, appropriate right-of-way shall be reserved for construction of a future bus turn-out or bust stop, as required by Sunline Transit Agency. 15. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch j aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and-315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PAMELA DRIVE, VIDEO ROAD, LAWRENCE CIRCLE, HOWARD CIRCLE, ALBERTO CIRCLE, AND JIMINEZ CIRCLE 16. Protect the existing improvements in place and make appropriate improvements at the north ends of each street to the satisfaction of the City Engineer, such that proposed improvements cleanly match existing improvements. Final plan details shall be approved by the Planning Commission. EAST GATE ROAD 17. Dedicate a full-width right-of-way of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with Tramview Road, together with property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. 18. Construct 6 inch curb and gutter 20 feet both sides of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200: lillll II I I II II III III II II II III 11 IIII ��I 2 z 29,E£080 r Y i 1 19. Construct a minimum 5 feet wide sidewalk behind curb along both sides of the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. 20. Construct a Type A access ramp meeting current California State Accessibility standards at the southeast corner of the intersection of East Gate Road and Tramview Road, and on the south side of the intersection with Alterra, in accordance with City of Palm Springs Standard Drawing No. 212. 21. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of curb to edge of curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 22. Make appropriate improvements at the south end of East Gate Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. TRAMVIEW ROAD 23. Dedicate full-width right-of-way of 60 feet to the City of Palm Springs along the entire frontage, from the end of the existing right-of-way to the intersection with East Gate Road, together with a property-line corner cut-back at the southeast corner of the intersection, in accordance with City of Palm Springs Standard Drawing No. 105. The right-of-way shall follow the alignment of the modified street"knuckle" at the intersection' of Tramview Road and East Gate Road, in a manner acceptable to the City Engineer. 24. Construct a modified street "knuckle" at the,intersection of Tramview Road and East Gate Road, to the satisfaction of the City Engineer. The curb alignment shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 25. Construct a 6 inch curb 20 feet north of centerline along the entire frontage, and throughout the modified street"knuckle", in accordance with City of Palm Springs Standard Drawing No. 200. 26. Construct a minimum 28 feet wide driveway approach at the intersection of Tramview Road and Alterra (private street), in accordance with City of Palm Springs Standard . Drawing No. 205. 27. Remove the existing curb, gutter, sidewalk and asphalt concrete pavement throughout the cul-de-sac at the end of Tramview Road, and construct 6 inch curb and gutter 20 , feet south of centerline, together with a 5 feet wide sidewalk behind curb, to create a new curb alignment at 20 feet south of centerline to be consistent with proposed improvements westerly of the end of the existing right-of-way. Additional improvements adjacent to those properties identified as APN 669-381-001 and 669-381-002 (597 and . 581 W. Tramview Road) including, but not limited to, extension of existing driveways and extension of existing front yard landscaping out to the edge of the new sidewalk shall be installed to the satisfaction of the Director of Planning and Zoning and the City -. Engineer. 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII © r¢p2eo040 28. Make appropriate improvements at the west end of Tramview Road to the satisfaction of the City Engineer, including asphalt pavement, curb and gutter, and sidewalk removals, such that proposed improvements cleanly match existing improvements. 29. The Engineering Department shall initiate a right-of-way vacation for.the subject portion at the current westerly end, following completion of required removals and construction as required herein.___- ON-SITE (PRIVATE) STREETS 30. Dedicate an easement 37 feet wide extending from back of curb to back of curb to the City of Palm Springs for sewer purposes with right of ingress and egress over the private streets. 31. Dedicate an easement 57 feet wide for public utility purposes extending from 10 feet behind back of curb with right of ingress and egress over the private streets. 32. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum 50 foot setback measured from the face of curb to the gate access control mechanism. B. Provide a turnaround after the mechanism for vehicles unable to enter the project C. Security gates shall provide a minimum of 20 feet clear width in each direction. 33. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along all on-site (private) street frontages, with 25 feet radius curb returns and spandrels (where required)at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 34. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line parallel with and 18 feet from the centerline of the intersecting street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 35: The following traffic calming devices shall be incorporated into the on-site streets: Narrowed pavement'chokers' shall be provided approximately mid-block on all on-site streets, as approved by the City Engineer. Chokers shall be designed with a transition using 25 feet reverse curves and a 50 to 100 feet long, 24 feet wide (12 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. 36. Construct a minimum pavement section of 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, throughout all on-site streets. The pavement section shall be designed, using 111111������111111111 IIIII HIM 111111111 IN 111111111 07124 0/ 0 o 040 aH } i "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 37. Dedicate an easement 20 feet wide to the City of Palm Springs for sewer purposes across Lot D and Lot F. 38. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 39. Extend the existing 8 inch sewer main within East Gate Road, and construct an 8 inch sewer within all on-site streets, and connect new sewer mains to the existing sewer mains within Video Road, Jiminez Circle, and East Gate Road. 40. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department: The plan(s)shall be submitted to the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department, B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc, required by these conditions. 41. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the sewer system by the City of Palm Springs. GRADING 42. 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. 43. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. The Grading plan shalt be submitted to the Planning Department for approval to submit for plan check prior to submittal to the Engineering Department. A PM 10 (dust control) Plan shall be submitted to and approved by the Building,Division prior to approval of the grading plan. The Grading 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. III I IIIIII I III III I II III II IIIiI I I II I I I IIh 07 24/20559 08100R � V C. Copy of Tentative Map 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. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491)to the City Engineer prior to issuance of the grading permit. 44. Obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 760-346-7491) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 45. Drainage swales shall be provided adjacent to all curbs and sidewalks, T wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 46. In accordance with City of Palm Springs Municipal Code, Section 8,60.00, 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. 47. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the 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 subject to approval by the City Engineer prior to the issuance of the grading permit. 48. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 49. 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 50. Dedicate an easement 41 feet wide to the City of Palm Springs for drainage purposes extending across the entire west side of the project, for future use by the Riverside County Flood Control and Water Conservation District(RCFC)for Line 2 of the City of Palm Springs Master Drainage Plan. Retention/detention basins within the drainage easement may be used on an interim basis for management of off-site stormwater IIII IIII I IIIIII III I II IIIIII IIIIII III IIIII IIII IIII 07 c�4�2002 081 E0F Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 58. Contract Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be . submitted to the Engineering Department prior to issuance of a certificate of occupancy. 59. 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. 60._ .__All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 61. The Title Report prepared for subdivision guarantee of the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the first draft of the Final Map to the Engineering Department for review and approval. 62. The Tentative Tract Map may be phased into multiple final maps. A Final Map for each phase shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. A Final Map for each phase shall be approved by the City Council prior to issuance of building permits within that phase. 63. Building permits may be issued for lots to be created from a Final Map for the first phase, prior to City Council approval of a Final Map of the first phase, provided that a Land Use Permit or other separate approval of the City relating to construction of a model complex within the first phase is granted by the City. TRAFFIC - 64. 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 North Palm Canyon Drive (State Highway 111), Gateway Drive, East Gate Road, and Tramview Road frontages of the subject property. 65• Install street name signs at each intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 66, A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND"shall be IIIIII IIIIiI IIIII�III IIII III II I IIII III IIIII III IIII 0?/��2 200r,£N GR00A i installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at the following locations: Mountain Gate at Gateway Drive exit 67. Pay to the City of Palm Springs,the fair share contribution toward the construction of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection. The fair share contribution has been determined as 11.2% based on the Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$16,800.00 to the City of - Palm Springs prior to issuance of a certificate of occupancy, If installation of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection is requested by the developer in conjunction with the construction of this project, the developer shall be responsible for the design and .. installation of the traffic'signal, pursuant to City and Caltrans approvals and permits. A traffic signal plan shall be submitted concurrently to the City.and Caltrans for review and approval. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of a maximum of 88.8% of the cost of the traffic signal construction, and shall receive reimbursement as adjacent properties develop and post payment for their fair share contribution towards its installation. 68. Pay to the City of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Indian Canyon Drive and Las Vegas Road intersection. The fair share contribution has been determined as 8.2% based on the Traffic Impact Study for Tentative Tract Map 30963, prepared by Endo Engineering, dated October 2002. The developer shall post payment of$12,300.00 to the City of Palm Springs prior to issuance of a certificate of occupancy. 69. 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. 70. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. I IIIIIIIIhIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIIIIII 07/2 1 h d� L03 R j NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D"Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEFFP_S, the Corporation is the general partner ofCentury Crowell Communities, L.P., a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its'capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. .RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. Up6lm --s .,p.A010E01 doc III Illill II II III IIII IIIIII IIII III I III III IIII 0?/©4/20031 6800R f RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DRAT;:: May 12, 2001 ATTES Pavelak, Presiders David 7,Miller, ssistarit Se tary ❑Pn1.u[u\cocpomt\O]0801.doc I III�III$IIIIIIII IIIIII IIIIIIIII IIIIIIIIIA f�7 84 3? ofIII$I 461 May 14 2003 4: 39PM HP LRSERJET 3330 p. 2 CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES, LLC THIS CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC, a Delaware limited liability company('Owner'),in connection with Owner's ownership and development of certain real property located in the City of Palm Springs, County of Riverside, California(the"Property"). Owner hereby certifies the truth,accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware.Troxler Residential Ventures VIII,LLC, a Delaware limited liability company("Troxler"),and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole members in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.P., a California limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement,dated as of March 31, 2003 (the "Development Agreement"),pursuant to which Owner has retained Century to perform certain services,including without limitation, managing the developmcnt, construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terms of the Development Agreement,to prepare,negotiate,process,file,record, execute and deliver,as applicable, the following documents end instruments (including any amendments orterminations thereof) on behalf of Owner(collectively, the"Development Documents'): (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions, grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such horn. (H) Agreements securing the services of the project architect(s), engineers and any other contractor, supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (W) Applications for governmental permits and approvals for the development, construction and disposition of the Property, subdivision,tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements, subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restrictions, articles of incorporation,bylaws any other documents related to the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory, to prepare, negotiate,process, file,record,execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the Tights held by the members of Owner to act on behalf of the Owner;or(ii) supersede or amend any of the F:\2Net\259 CENTURY\004Mtn Gate\Docs\Final\AlltltCart.LLC.3,doc 1 IIIII IIIII IIIII III IIIII II��II(IIIII I�I IIIII III(III 9?24,1©53 08100P x i May 14 2003 4: 39PM HP LFSERJET 3330 P. 3 terms of the Development Agreement. 5. Third parties shall be entitled to rely on this Certificate unless and until such pasties have received a written notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. 6. This Certificate may be executed in any number of.counterparts, each of which shall be an original, but all of which shall, together, constitute one and the same instrument. Each person signing this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. IN WITNESS WHEREOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: Trwder Residential Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners,Inc., a California corporation Its: Operating Mernbar By: Name:Bryan P. Troxla Its: President By: MOUNTAIN GATE,LLC, a California limited liability company Its: Member By: Century Crowell Communities,L.P., a California limitedpartnership, Its: Managing Member By: Century Homes Courmunides, a Californi orporation Its: General P e I J � By: G Name: a . Its: Sr tCj�r F:\2 Net\259 CENTURY\004 Mtn Gate\Docs\Final\AutbCort.LLC.3.doc 2 IIIIII IIIII IIIII III IIIII IIIIII IIIIII II IIIII IN IIII 0?/4t 2 3� A8 l �% i = I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) I On this 15th day of May 2003, before me, Doris A. Benoit, Notary Public, personally appeared John W. Pavelak personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. s WITNESS my hand and official seal. a a, ignature of Notary Public imis erne mr ate, ei rvoca:iei sees i. I, j ��4:+�,4Llrtiiti9h.rl ,, 4 OORIS A.BENOri Commisslon�1310451 �;z z -s Notary Public- Cafifomia San Bernardino County My Comm Expires Jun 24,2005 i SUBDIVISION IMPROVEMENT AGREEMENT BY AND BETWEEN CITY OF PALM SPRINGS AND MOUNTAIN GATE PALM SPRINGS VENTURES, LLC A DELAWARE LIMITED LIABILITY COMPANY k' A Rdd !I li , I v' I I'lull'IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII /24 z gs651 een Bond No. : 104107214 Premium: $57,960.00 For the Term of 2 Years CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated OV , 2003, and identified as Tract Mad No. 30963-2, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Travelers Casualty And Surety NOW, THEREFORE, we, the Principal and Company of America as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Four Million Eight Hundred Thirty Thousand and 00/100 dollars ($4.830,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Page 1 of 2 Faithful Performance Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and 5ureLy above named, on May 23 , 2003. FPiNClPAL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By:Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: Century Homes Communities, a California Corporation, General Partner JBY: r v ohn W. Pavelak, esident SUR By: Travelers Casualty And Surety Company of America � (Surety Name) By: Gary Ditfur h, orney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State Of CALIFORNIA RIGHT THUMBPRINT(Optional) County Of LOS ANGELES f On MAY 23 2no3beforeme, KELLY K. BATES , NOTARY PU L ICp (DATE) (NAMEITITLE OF OFFICER.i.e:JANE DOE.NOTARY PUBLIC') 'o personally appeared GARY DITFURT13 INAMEISI OF SIGNER(S)l CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) ❑CORPORATE ® personally known to me -OR- ❑ Proved to me on the OFFICER(S) ITITUES) Oasis Of satisfactory OPARTNERIS) ❑LIMITED evidence to be the ❑GENERAL person(s) whose name(s) OAT70RNEY IN FACT is/are subscribed to the OTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR „ acknowledged to me that ❑OTHER: KELLY K. BATES/ S he/she/they executed the COMM. #1235973 o same in his/her/their 0 NOTARY PUBLIC-CAUFORNIA 00 authorized capacity(ies), SIGNER IS REPRESENTING: a SAN FRANCISCO COUNTY and that by his/her/their (Name of Pernonle)or Entity(iea) ^� My Comm. Expires Sept. 30, 2003 sl gnatu re(s) on the in str u mentt h e pe rs o n(s), or the entity upon behalf of which the persons) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. T f p � o (SEAL) S r� o (SIONATUBE OF NOTARY) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIST ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED Unauthorized document. ❑GENERAL LIAT 0RNEY IN FACT THIS CERTIFICATE Tale or Type of Document OTRUSTEE(SI MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document OOTHER: DESCRIBED AT RIGHT- Signerls)Other Than Named Above SIGNER IS REPRESENTING: IName of Percon(sl or EntitY(ies) WOLCOTTS FORM 63240 Rev.3.94(pnce tlne B-2A) 01994 WOLCOTTS FORMS.INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONITWO FINGERPRINTS 7 III67775 63240 $ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Frank Hertel,Dana S. Garcia, Chris M. Euriquez, Gary Ditfurth,Kim Duong,Kelly K. Bates, Nancy M. Chavez,Jonathan Fong, Maria De La Torre,Andrea Gonzalez, of Diamond Bar, California, their true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: -- " VOTED: That the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary.,, VOTED: That any bond, recognizance, contract of indemnity, or wilting obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. - (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this Ist day of November, 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD anluu„„'y ��,,40 SUFEryOOTL. 0�J' S9 O? �:R,1 jL ^r HARTFGfla, io ;k coNN. y �a ey George W. Thompson '� ••.....•'aa ' 'Abj ��° bid ♦ F� Senior Vice President 1 r .y0\aC 'M'hM1InAMM\• On this lst day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. G.TlT O �DIIBUG� My commission expires June 30, 2006 Notary Public 'IlV CfF' Marie C. Tetreault CERTIFICATE 1. the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 2 3 r d day of May , 2003 �mermvuenixar ��JV ANO GA6U,�� �- _ '1, Y'( n'?� zN f ] �" o By „j HARTFORO,`@3 j HARTFORG, K i �1982 0 Goya. Ix w CONN, ; i ,D Kori M. Johanson =y �° "�y , Assistant Secretary, Bond °�YI,hXlllml'M\V\��� k CALIFORNIA r ALL-PURPOSE ACKNOWLEDGEMENT 4 STATE OF CALIFORNIA 1 ) ss. COUNTY OF SAN BERNARDINO 4 i On this 23rd day of May 2003, before me, Doris A. Benoit, Notary Public, personally F appeared John W. Pavelak, President personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. k WITS SS my hand and4offi ' I seal. Signature of Notary Public t [Aaa eiea £ot Official No[aiial Seal "y - �.���T-C�• _ eeNoll C c..mission tk 131 C)451 La a llotary Public- ColiforniF G San 6ern2rdina county � m�n Emire�s,lun 25,70 S 4 4 d t Y 4[p ySwy £ y I CITY OF PALM SPRINGS BOND FOR MOUNTAIN GATE PALM SPRINGS VENTURES, LLC I '1 4 { L Y NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D"Street, San Bernardino, California: SIGNING.AUTHORIZATION:TION: PA TIFICATION OF PPJOR ACTS -WHEREAS, the Corporation is the general partner of Century Crowell Communities, L° , a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. ❑pau..L^\=, xat101O801.dm RESOLVED, that copies of these Mmutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN Mid CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF TIM CORPORATION, CENTURY CROWELL OR ANY PRO N CT ENTITY. All Directors were present and unanimously consented to the above. DATE: May 12, 2003 ATTinS h . Pavolak, Pms' eno- David]. Miller, sistant.S fa. tau Lpa\mviutes\cocpomt\O]0801.doc May 14 2003 4: 3SPM HP LRSERJET 3330 p. 2 CERTIFICATE OF MGUNTAiN GATE PALM SPRINGS VENTURES, LLC THIS CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC, a Delaware limited liability company("Owner"), in connection with Owner's ownership and development of certain real property located in the City of Palm.Springs, Ccunty of Riverside, California(the"Property'). Owner hereby certifies the truth, accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware. Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("rroxler"),and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole member in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.P., a California limited partnership ("Century'), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the "Development Agreement"),pursuant to which Owner has retained Century to perform certain services, including without limitation, managing the development,construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terms of the Development Agreement,to prepare,negotiate,process, file,record, execute and deliver, as applicable, the following documents and instruments (including any amendments or terminations thereof)on behalf of Owner(collectively, the"Development Documents"): (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third patty homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (E) Agreements securing the services of the project architect(s), engineers and any other contractor, supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (iii) Applications for governmental permits and approvals for the development, construction and disposition of the Properly, subdivision, tax and/or improvement bonds,bond surety agreements,subdivision improvement agreements, subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restrictions,articles of incorporation,bylaws any other documents relatedto the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory, to prepare,negotiate,process, file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the rights held by the members of Owner to act oa behalf of the Owner; or(ii) supersede or amend any of the FA2 Net\259 CENTURY1004 Mtn GatelDocsTinaAAuthCert.LLC.3.doc 1 Maa 14 2003 4: 39PM HP LRSER,IEi 3330 p. 3 terms of the Development Agreement. 5. Third parties shall be entitled to rely on this Certificate unless and until such parties have received a written notice of revocation of this Certificate executed by Owner. ]tither member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. 6. This Certificate may be executed in any number of counterparts, each of which shall be an original, but all of which shall, together, constitute one and the some instrument. Each person signing this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. a wnNESS—FIEREOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: Troxler Residential Ventures V-M, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners,Inc., a California corporation Its: Oper atirig Member By: Name:Bryan P. Troxle Its:President By: MOUNTAIN GATE, LLC, a California limited liability company Its: Member By: Century Crowell Communities,l,.P.; — s California limitedparFriership, — Its: Managing Member = _ By: Century Homes CcnonimAies, a Californi orpoiation Its: General P e kr By: Name: Its: PL�� FA2 N4259 CENTURY1004 Mtn Gate\DocslFinallAuthCert.LLC.3.doc 2 Bond No. : 104107214 Premium Included In Performance Bond CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 2003, and identified as Tract Man No. 30963- 2, is hereby referred to aid 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. Travelers Casualty And Surety NOW THEREFORE, we, the Principal, and Company of America , 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 Seven Hundred Twenty--Four Thousand Five Hundred and 00/100 dollars ($724,500.00), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions Page 1 of 2 in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 23 2003. PRINCIPAL Mcuntain Gate Ventures, LLC, a Delaware Limited Liability Company By: Century Crowell Communities, LP, a California Limited Partnership, its Development Managernent Company; By: Ce ry Homes Communities, a California Corporation, General Partner By: f ohn W. Pavelak, resident SURE Travelers Casualty And _ By: Surety Company B of America y: (Surety Name) Gary Ditfurtj, At#orney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State Of CALIPORNTA RIGHT THUMBPRINT(Optional) County Of LOS ANGELES i On MAY 23 . 2oo3beforeme, KELLY K . BATES , 140TARY PU L (DATE) INAME/TITLE OF CFFICER-i e.'JANE DOE.NOTARY PUBUC1 `o personally appeared GARY DITPURTH INAMEISI OF SIGNERISII CAPACITY CLAIMED BY SIGNERS) ❑INDIVIDUALIS) ❑CORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICER(S) TtE9 basis of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the ❑GENERAL person(s) whose name(s) ❑ATTORNEY IN FACT Is/are subscribed to the ❑TRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: KELLY K. BATES he/she/they executed the COMM. #1235973 IV same in his/her/their NOTARY PUBLIC-CAUFORNIA p authorized capacity(ies), SIGNER IS REPRESENTING: d \\y',F', SAN FRANCISCO COUNTY 0, and that by his/her/their (Name of Penon(s)or Entity(ias) My Comm, Expires Sept, 30, 2003 signature(s) on the instrumenttheperson(s), or the entity upon behalf of which the person(s) t acted, executed the I n 5 L r u me n t. RIGHT THUMBPRINT(Optional) Witness my hand and official seal. f 0 (SEAL) 0 ISI=ATfq OF NOTARY) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(SI ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right Is OPTIONAL. RITLESI Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Tale or Type of Document ❑TRUSTEEIS) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR ,+ TO THE DOCUMENT Number of Pages Date of Document []OTHER: DESCRIBED AT RIGHT Signer(s)Other Than Named Above SIGNER IS REPRESENTING: Name of Persons)or Enbt bas) II I V WOLCOTTS FORM 63240 Rev 3 94 Ipnce class 9 2A1 (ni99a WOLCOTTS FORMS,INC \LL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONl O FINGERPRINTS Ill��lllllll III 7 67775 63240 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Frank Hertel,Dana S. Garcia, Chris M. Enriquez, Gary Ditfurth,Kim Dining, Kelly K Bates, Nancy M. Chavez, Jonathan Fong, Maria Be La Torre, Andrea Gonzalez, of Diamond Bar, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instmment(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00' di IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OP CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD au„ulpwui,� V�JV Ama GASVA 52, ��i H4RTFORD�� a" HACONNRD' n z �1982 O By �coNN. f s; �daa George W. Thompson Senior Vice President On this Ist day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in frill force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors. as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 2 3 r d day of May , 2003. 3+"n"oosun'u� �,,rr Amax pABu�( "y{rHARTFORD,I a HARTFORD, : e 1482 o By i CONN ? Kori M. Johanson �y Assistant Secretary, Boind bixnlliml,n�°je r 4 CALIFORNIA 4., ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO On this 23rd day of May 2003, before me, Doris A. Benoit, Notary Public, personally appeared John W. Pavelak, President personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. k i WITNESS my hand and offi9jal seal. Signature of Notary Public y 1 � Lliis oieo foi Of£actal No[aztal Seal } i t DORISA BENOIT Cori,mission 4 1310451 - �..� '�Votery Pl.iblic- CaFfomia San Bernardino County IkSy Comm.E�ires Jun 24,2005 k fl A i CITY OF PALM SPRINGS BOND FOR 1 MOUNTAIN GATE PALM SPRINGS VENTURES, LLC x x 1 M 4 I } 6 4 k 1 L 0 Y NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D"Street, San Bernardino, California: SIGNING=AUTHORM17A TION: RAI TIRCATl_ON OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Carnmanities, L.P., a California limited partnership ("Century Crowell''); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary.responsibility for management of the Projects has been delegated to the. corporation's Project Managers, who are Kenny Felkel,Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any, Project Entity, surety bonds, and all documents relating to same, in,connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner,of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e.Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. Upa�mmuL<slcospomdoIDeol.doc RESOLVED, that copies of these Mantes may be provided to any person or public agency requiring evidence of authorization, ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF TIM, CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. All Directors were present and unanimously consented to the above. DATE: May 12, 2003 ATt'nS : 1 : Y �s . Pave7ak, Presidez - - David J. Miller, ssistant Se . tary ❑pa\awmt+s\...P..tWlo6U1.d.0 May 14 2003 4: 39PM HP LHSERJET 3330 p. 2 CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES. LLC TIES CERTI ICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VLNTURBS,LLC, a Delaware limited liability company("Owner"), in connection with Owner's ownership and development of certain real property located in the City of Pai—uL Springs, Cotliriy of Riverside, California(the"Froper y'.1. Owner hereby certifies the truth, accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware. Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("Troxler'),and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole member in Owner with full authority to bind Owner. 2.Owner and Century Crowell Communities,L.P., a California limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the "Development Agreement"),pursuant to which Owner has retained Century to perform certain services,including without limitation, managing the development,construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terms of the Development Agreement,to prepare,negotiate,process, file,record, execute and deliver,as applicable, the following documents and instruments (including any amendments orterminations thereof) on behalf of Owner(collectively, the"Development Documents"): (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (ii) Agreements securing the services of the project architect(s), engineers and any other contractor,supplier or consultant necessary or appropriate for the development,construction and disposition of the.Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (iii) Applications for governmental permits and approvals for the development, construction and disposition of the Property, subdivision, tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements,subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions andrestrictions, articles of incorporation,bylaws any other documents related to the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory, to prepare, negotiate,process,file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the rights held by the members of Owner to act on behalf of the Owner;or(ii) supersede or amend any of the FAA Net\259 CENTURY\004 Mtn Gate\Docs\Final\AuthCert.LLC.3,doc I May 14 2003 4: 3SPM HP LASERJET 3330 p. 3 terms ofthe DeveLopmentAgreemeat. S. Third parties shall be entitled to rely on this Certificate unless and until such patties have received a Witten notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. 6. This Certificate may be executed in any number of counterparts, each.of which shall be an original, but all of which shall, together, constitute one and the same instrument. Each person signing this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. IN W11NES5 WiiEREOP,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: TroxlerRwidential Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners, Inc., a California corporation Its: Operating Member By: �_ Name:Bryan P. Troxle Its:President By; MOUNTAIN GATE, LLC, a California limited liability company Its: Member - By: Century Crowell Coramu�itira>L.P., a California limited partnership; _ -_ Its: Managing Member By: Century Homes-Coromunines, a CaLiforni orpoiat%nn Its: General P e _ tir By: � Name: Its: F:\2 Not\259 CENTURY004 Mtn Gate\Dots\Final�AuthCert.LLC.3.doc 2 Bond No. : 104107215 Premium: $300.00 For the Term of 2 Years CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal') have entered into an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated , 2003, and identified as Tract Map No. 30963-2, is hereby referred to and aide a part_ hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. Travelers Casualty And Surety NOW THEREFORE, we, the Principal, and Company of America as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Twenty-Five Thousand and 00/100 DOLLARS ($25.000.00), lawful money of the United States,for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, 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 30B2) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. •. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators,successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to theirtrue intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein Page 1 of 2 stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. iN WITNESS WHEREOF, this instrument has been duly executed by the Principal and'Surety above named, on May 23 2001 PRINCIPAL Mountain Gate Ventures, LLC, a Delaware Limited Liability Company By, Century Crowell Communities, LP, a California Limited Partnership, its Development Management Company; By: C ntury Homes Communities, a California Corporation, General Partner By; ohn W. avel k, resident SURE Travelers Casualty And Surety By: Company of America By: (Surety Name) Gary DitfurtI6 Att rney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State Of CALIFORNIA RIGHT THUMBPRINT(Optionall County Of LOS ANGELES E On MAY 23 , 2oo3before me, KELLY K. BATES NOTARY PIT L 4 (DATE) (NAMErITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC*) `o 9 personally appeared GARY DITFURTH (NAMEIS)OF SIGNERIS)i CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICER(S) RITES) basis of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the ❑GENERAL person(s) whose name(s) OATTORNEY IN FACT Is/are subscribed to the OTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR _ acknowledged to me that ❑OTHER: KELLY'C. BATE he/she/they executed the -0 same in his/her/their " COMM. #12359�3 authorized capacity(ies1, NOTARY PUBLIC-CALIFORNIA ® SIGNER IS REPRESENTING: SAN FRANCISCO COUNTY Ze and that by his/her/their (Name of Persons)or Entky(ieal ° My Comm. Exoros sent. 30, 2003 signature(s) on the — instrumenttheperson(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. _ 0 ISEAL) LL (SIGNATURE?OF NOTARY) CAPACITY CLAIMED BY SIGNER(SI ❑INDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. (TITUS) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED unauthorized document. ❑GENERAL EIATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT. Signerlsl Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entity(ies) i WOLCOTTS FORM 63240 Ray.3 94 Ipnce clue 9 2A) Q1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS II IIIIIIII II II 7 67775 63240 8 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 9062 POWER OF ATTORNEY AND CERTIFICATE OI'AUTIIORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford. County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by those presents make, constitute and appoint: Frank Hertel, Dana S. Garcia, Chris M. Enriyuez, Gary Ditfurth, Kim Duong, Belly If. Bates, Nancy M. Chavez, Jonathan Fong, Maria De La Torre, Andras Gonzalez, of Diamond Bar, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s)' by his/her sole signature and act, any and all bonds, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomevs-ni-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of amhoritN may prescribe to sign with the Company's name and seal with Use Company's seal bonds,recognizances, contracts of indemnity,and other wTitin.-s obligatory in the nature of a bond,recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her VOTED That the Chairman, die President, any Vice Chairman, any Executive Vice President, any Senior Vice President or am)' Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in Nvriling and a copy thereof is filed in the office of the Secretary VOTED. That any bond, recognizance, contract of iiiderniuty, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-ni-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any, Executive Vice President, any Senior Vice President, any Vic., President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to am power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-m-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attonre}' or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (II-00 cn d) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD Nem•umma, ,,,tY ANp G�SU�A �Nwwuq£rvps ��� s� o,� o�,•°arJrl `� y ���� JtiA'R 4£ a HARTFORa, U' l982�' o BY r i'wAbok? ,�s" w CONN. ; a �nr George W. Thompson C0.^IM. �$ � p ........1.40 '''at M F�'a �y . �'`' Senior Vice President a On this Ist day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. T P "G$ My commission expires June 30, 2006 Notary Public h!V CZF Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 2 3 r d day of May 2003. hJ C� NtOS V"•MJ � i V' SA,r t$a HARTFORO, i �' 1982� o By KoriM M. Johanson i v`+`tlu""� 'Jd! n"ya; dln • "�, - Assistant Secretary, Bond ywr' 6 XIMYbk^ i y `> CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. I COUNTY OF SAN BERNAROINO ) r A ' On this 23rd day of May 2003, before me, Doris A. Benoit, Notary Public, personally I appeared John W. Pavelak, President personally known to me, to be the person whose I name is subscribed to the within instrument and acknowledged to me that he executed " the same in his authorized capacity, and that by his signature on the instrument the t person or the entity upon behalf of which the person acted, executed the instrument. 3 4 WITNES y hand and officialseal. 1 Signature of Notary Public d LAaa area foi Officral No[aital Soal 4 V V a N V DORISA BENOIT \ qr Comml5ssion PWIJ #131 Qk51 IIC Notary - California ; I - 'AW San Bernardino County C �* tfiyCM, Expires Jaen 2A,?_QQ5:' I a CITY OF PALM SPRINGS BOND f FOR MOUNTAIN GATE PALM SPRINGS VENTURES, LLC i l ! 1 Yb++M Y F I' NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1515 So. "D"Street, San Bernardino, California: SIGNINCT AUTHOR1-7ATION: RA TIFICATION OF PRIOR ACTS W11EPF'AS, the Corporation is the general partner.of Century Crowell Commumities, L.P., a California limited partnership ("Century Crowell"); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary.responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Denny Felkel, Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in.connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the ARE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.) in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. ❑p9mmvtrslwxporafl01�601 doc RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR AJ-4-V. PRO ECT:VvTITY. All Directors were present and unanimously consented to the above. n DATE: May 12, 2003 ATIES I b . Pavelak, Preside.A." David 1. Miller, ssisttaht taty LpaMinutes\copaat\OIOBOl doo May 14 2003 4: 39PM HP LASERJET 3930 F. 2 CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES, LLC TIES CERTIFICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC, a Delaware limited liability company("Owner"), in connection with Owner's ownership and development of certain real property locaied in ure CiTy Of Pairn Sg ings, Couriiy of Riverside, California(the"Property j, Owner hereby certifies the truth, accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware. Troxler Residential Ventures VM,LLC,a Delaware limited liability company("Troxler"),and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole members in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.F., a California limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the"Development Agreement"),pursuant to which Owner has retained Century to perform certain services,including without limitation, managing the development, construction and disposition of the Property. 3.The Development Agreement permits Centary, acting in compliance with the terms of the Development Agreement,to prepare,negotiate,process,file,record,execute and deliver, as applicable, the following documents and instruments (including any amendments orterminations thereon on behalf of Owner(collectively, the"Development Documents"): 0) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes provided that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (H) Agreements securing the services of the project architect(s), engineers and any other contractor,supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (iii) Applications for governmental permits and approvals for the development, construction and disposition of the Property, subdivision,tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements, subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions and restrictions, articles of incorporation,bylaws any other documents related to the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory,to prepare,negotiate,process, file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the rights held by the members of Owner to act on behalf of the Owner;or(ii) supersede or amend any of the F:\2 Net\259 CENT JRY\004 Mtn Gate\Dots\FinalSAuthCert.LLC.3.doc 1 May 14 2003 4: 39PN HP LRSERJET 3330 p. 3 terms of the Development Agreement. 5. Third parties shall be entitled to rely on this Certificate unless and until such parties have received a written notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. 6. This Certificate may be executed in any number of counterparts, each of which shall be an original, but all of which shall, together, constitute one and the same instrument, Each person signing this Agreement represents and warrants that he or she has the prope, authority to bind the party on whose behalf he or she signs to this Agreement. IN AVil'NESS wHBREOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: TroxlerResidential Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners, Inc., a California corporation Its: Operating Member By: Name:Bryan P. Troxle Its:President By: MOUNTAIN GATE, LLC, a California limited liability company Its: Member . By: Century Crowell Communities; a California limited P=61rahip,_ - Its: Managing Member By: Century Homes Gormnunities, - - a Califon orjso?anon. MIts: General P e - By: L_ Name: Its: PL(� FA2 Net1259 CENTURY1004 Mtn Gate�DocslFFivallAuthCert.LLC.3.doe 2 Bond No. : 104107214 CITY OF PALM SPRINGS Premium Included In Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and Mountain Gate Palm Springs Ventures, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 2003, and identified as Tract Map No. 30963- 2, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Two Million Four Hundred Fifteen Thousand and 00/100 dollars ($2,415,000.00), for materials furnished or`labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 Labor and Materials Bond IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 23 . , 2003. PRIP GI6 AL_ -Mountain GatL Ventures, LLC, a Delaware Limited Liability Company By:' .entury Crowell Communities, LP, a California Limited Partnership, its Development Manageiment Company; By: Century Homes Communities, a California Corporation, General Partner ByfRTY l r hn W. Pavel resident SU By: Travelers Casualty And Surety Company of America (Surety Name) By: Gary ➢itfurt , Att rney-in-Fact (All Signatures Shall Be Notarized) Page 2 of 2 State of CALIFORNIA RIGHT THU MBPRINT IOptiomdl County of LOS ANGELES E On MAY 23 . 2n03before me, KELLY K. BATES NOTARY PU L Co (OATE) (NAME/TITLE OF OFFICER4.e.'JANE DOE,NOTARY PUBLIC') `o personally appeared GARY DITFURTII INAMEIS)OF SIGNERIS)) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIST ❑CORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICER(S) ITITUES) basis Of satisfactory OPARTNERIS) ❑LIMITED evidence t0 be the ❑GENERAL person(s) whose name(s) ❑ATTORNEY IN FACT Is/are subscribed to the OTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the ° KELLY K. BATES same in his/her/their COMM. #1235973 M authorized capacity(ies), SIGNER IS REPRESENTING: W ro ga NOTARY PUBLIC-CAUFORNIA ® and that by his/her/their INeme of Person(s)or Entity(ies) SAN FRANDSCO COUNTY signature(s) on the My Comm. Expires Sept. 30, 2003 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optionell instrument. Witness my hand and official seal, _ j o ISEAL) Iflv.f.> ISIGNATUAE OF NOTARVI CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIST ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. 1TITI-ESI Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Trtle or Type of Document OTRUSTEEISI MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Sionerlsl Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entityliee) i WOLCOTTS FORM 63240 Rev.3 94 Ipnce cln,8 3A) (�'1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS II'lllllll I II II 7 67775 63240 8 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents make, constitute and appoint: Frank Hertel, Dana S. Garcia, Chris M. Enriquez, Gary Ditfurth,Kim Duoug, Kelly K. Bates, Nancy M. Chavez, Jonathan Fong, Maria De La Torre, Andrea Gonzalez, of Diamond Bar, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED' That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED- That the signature of each of the following officers. President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Pact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. dl IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of November, 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD nnwMvwunnry Pl1Y ANO pASb,�< `a'' 1 HAR(FORD, v1982e' p BY s3"Coati. i CONN, o X S`i + C l � !* � r � ,b George W. Thompson *2.r 'v�`°�; orb( ^�aa d`'� " b� Senior Vice President On this 1st day of November, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. G• T �, AueuG rr � �Sw My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF. AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 2 3 r d day of May 2003. �,,,naf�su4F(U e,P�'fY ANOs pASb,�(� � 19'HAMTOF0 w RARTFORD, = I98I. O y �ccaN. f y CONN. ; ➢ Kori M. Johanson ( ..vo;x �' a � Assistant Secretary, Bond kwwxiww+ea _ I 1' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) y On this 23'd day of May 2003, before me, Doris A. Benoit, NotarV Public, personally appeared John W. Pavei President personally known to me, to be the person whose a name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. s q 7 WITNE my hand and officseal. Signature of Notary Public ' [his aroa for Official NOLarial seal f i k DJ 'R°ISA BENOIT m�. Commission A-1310d51 Notary R ID11C- CeNiornia San Bernardino Coun 2 My Ccm,n,G�c�ras Ain Z4, 0^5 : CITY OF PALM SPRINGS BOND FOR MOUNTAIN GATE PALM SPRINGS VENTURES, LLC R 4 Z' 4 e t c y a t A h e e, NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES,A CALIFORNIA. CORPORATION On May 12, 2003, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING=AUTHORIZATION: RATIFICATION OF PRIOR ACTS WH:t kyP_S, the Corporation is the general partner-of Century Crowell Conummities, L D., a California limited partnership ("Century Crowell'); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ("Project Entity"); WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel,Marty Butler, Stephen Long, Dave Cooper and Chuck Crowell. RESOLVED, that in connection with the development of any Project, any Project Manager (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any,Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the.Projects. RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J. Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in.connection with the Projects. RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that Carlos Cueva, Michael Aulicino or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, all documentation as required for submission and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.)in connection with the projects. RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes in our projects. upz�:��omo�aaotoem aoc RESOLVED, that copies of these Mantes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN TIM CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT EmTY. .All Directors were present and unanimously consented to the above. DATE: May 12, 2003 ATTES ��yyt Paver, PresldPuL David I.Millar, sistaut-Se rotary upawfnUtr\cogomt\D10801.aoc May 14 2003 4: 3SPM HP LASERJET 3330 p. 2 CERTIFICATE OF MOUNT?SN GATE PALM SPRINGS VENTURES, LLC THIS CER11FICATE OF MOUNTAIN GATE PALM SPRINGS VENTURES is made as of April 2, 2003 by MOUNTAIN GATE PALM SPRINGS VENTURES,LLC, a Delaware limited liability company("Owner"), in connection with Owner's ownership and development of certain real property located in the City of Palm Springs, County of Riverside, California(the"Property'). Owner hereby certifies the truth, accuracy and completeness of the following matters: 1. Owner is a limited liability company,duly organized,validly existing and in good standing under the laws of the State of Delaware. Troxler Residential Ventures VIII,LLC,a Delaware limited liability company("Troxler"),and Mountain Gate,LLC,a California limited liability company ("Mountain Gate"), are the sole member in Owner with full authority to bind Owner. 2. Owner and Century Crowell Communities,L.P., a California limited partnership ("Century"), have entered into that certain Development,Management And Sales Agreement, dated as of March 31, 2003 (the "Development Agreement"),pursuant to which Owner has retained Century to perform certain services,including without limitation, managing the development,construction and disposition of the Property. 3.The Development Agreement permits Century, acting in compliance with the terms of the Development Agreement,to prepare,negotiate,process,file,record, execute and deliver,as applicable, the following documents and instruments (including any amendments orterminations thereof) on behalf of Owner(collectively, the"Development Documents"): (i) Purchase and sale agreements for the sale of any of the homes constructed on the Property to third party homebuyers and standard escrow instructions,grant deeds and any and all other documents necessary or appropriate to administer and effectuate the closing of sales of such homes providod that such documents comply with the provisions of the then corresponding purchase and sale agreement for such home. (H) Agreements securing the services of the project architect(s), engineers and any other contractor, supplier or consultant necessary or appropriate for the development,construction and disposition of the Property except for agreements with any contractors,suppliers or consultants required by law to be engaged by a licensed general contractor. (iii) Applications for governmental permits and approvals for the development, construction and disposition of the Property, subdivision,tax and/or improvement bonds,bond surety agreements, subdivision improvement agreements,subdivision maps and any other related documentation. (iv) Declarations of covenants,conditions andrestrictions, articles of incorporation,bylaws any other documents related to the formation and operation of any homeowners' association in connection with the Property and reports required by the California Department of Real Estate for the sale of homes within the Property to home buyers. 4. Century has all requisite approval of Owner, acting alone and as sole signatory,to prepare, negotiate,process, file,record, execute and deliver all of the Development Documents on behalf of Owner as Owner's "Development Management Company" as more particularly set forth in the Development Agreement. Nothing in this Certificate shall, or shall be deemed to, (i)restrict any of the rights held by the members of Owner to act on behalf of the Owner;or(ii) supersede or amend any of the F:\2Net\259 CENTURY\004Mtn Gate\DocsTinal\AuthCert.LLC.3.doc 1 � a3 14 200S 4: 39PN HP LRSERJET 3330 P. 3 terms of the Development Agreement. 5. Thud parties shall be entitled to rely on this Certificate unless and until such parties have received a written notice of revocation of this Certificate executed by Owner. Either member,acting alone and as sole signatory, shall have the right to give such written notice of revocation on behalf of Owner. 6. This Certificate may be executed in any number of counterparts. each of which shall be an original, but all of which shall, together, constitute one and the same instrument. Each person signing this Agreement represents and warrants that he or she has the proper authority to bind the party on whose behalf he or she signs to this Agreement. IN WITNESS WHEREOF,this Certificate is executed effective as of the date set forth above. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware limited liability company By: Trmder Residential Ventures VIII, LLC, a Delaware limited liability company Its: Managing Member By: Troxler Ventures Partners,Inc., a California corporation Its: Operating Member By: Name:Bryan P. Troxee Its:President By; MOUNTAIN GATE, LLC, a California limited liability company Its-, Member - By: Century Crowell Communities,L.P., a California limited partnership, Its: Managing Member By: Century Homes Commnui_ties, a CaL forni orpara£on Its; General P e By: Name: t " F:12 Net1259 CENTURY1004 Mtn GatelDocslFinallAutbCert.LLC.3.doc 2