The URL can be used to link to this page

Home My WebLink About04731 - PS MODERN HOMES II SUBDIVISION TM30941 ARENAS BARISTO Pabe 1 of 1 !Cathie Hart From: Carol Templeton Sent: April 13, 2009 12.48 PM To: Kathie Hart _ Subject: RE:A4731 --Palm Springs Modern Homes I I -Final Map 30941 Subdivision 1450 1500 E Baristo Sec 14 Hi Kathie, This project has been completed and the Subdivision Improvement Agreement can be closed. Thanks far asking, Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct(760) 323-8253 Ext. 8741 Fax(760) 322-8360 or 322-8325 C-ay-O.Templeton - almspringL-_ca.gov http://wwmL-qKQ4e.us/codes/p-,tim,;Vrings/ykiLplxp CONFIDENTIALITY NOTICE—This e-mail transmission and any documents,files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that you must not read this transmission and that any disclosure,copying,printing,distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED If you have received this transmission in error, please immediately notify the sender by telephone at(760)323.8253 X8741 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. From: Kathie Hart Sent: Thursday, April 09, 2009 5:18 PM To: Carol Templeton Cc: ]ay Thompson Subject: A4731 - Palm Springs Modern Homes I I - Final Map 30941 Subdivision 1450 1500 E Baristo Sec 14 (SIA) Carol: Has this been completed yet? Ok to close? Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitx Canyon Way Palm Springs,CA 92262 2,rt? (760) 323-8206 1 8 (760) 322-8332 Lag Kathie.Hart@Palm5pringsCA,gov 04/14/09 OF PAL/vl S \ \ City ®f Palm Springs II' 1 `:� � — v, Department of Poblic Works and Engineering r., "noWarxv.% w i200 li.7ahquia Canyon Way ° Palm Springs, California 92262 Tel:(760)323-8253 ' Fax: (760)322-5360 ' Web www.ci.palm-springs.ca.us February 22, 2006 Brown and Brown Ins. 2800 N. Central Ave., S-1600 Phoenix,Arizona 85004 Attn: Deborah Williams Re: Tract Map 30941, "48 @ Baristo" Please consider this letter as the City of Palm Springs' notice that the obligations of the subdivision improvement agreement between the City of Palm Springs and Palm Springs Modern Homes, II, LLC, related to Tract Map 30941, have been satisfied. The following subdivision securities required by the agreement were previously approved for release on January 11, 2006: • Faithful Performance Bond; Bond No. BE2624662; $569,000.00 • Labor and Materials Bond: Bond No. BE2624662; $284,500.00 The monumentation bond required by the subdivision improvement agreement may now be released: • Monumentation Bond; Bond No. BE2624662; $2,500.00 The subdivision improvements for this development were accepted by the City on January 6, 2006. Therefore, the bond for maintenance and warranty of improvements (Bond No. BE2624662; $85,350.00) shall be held in full force and effect for one year until January 6, 2007, at which time it may be released unless otherwise notified by the City of Palm Springs. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate Co. Deborah Williams,Brown&Brown Insurance Co.-via facsimile.(602)661-7144,Fmie Vincent,Pala!Sponge Modem Homes 11,LLC -via Iposlntlla;(760)320-6774.James Thompson.Cl(v Clark TM30941 ple r,X Post Office Box 2743 4 Palm Springs, California 92263-2743 �pALAI • �° �` �'� City ®f Palm Springs ! u v Office of the City Clerk N 3 � * �omno•a.ev+° * 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 C �P Tel: (760) 323-8204 • Fax: (760) 322-8332 • Web: wwwa.palm-springs.caus q�/poRN January 18, 2006 Ms. Deborah Williams Brown and Brown Ins. 2800 N. Central Avenue, S-1600 Phoenix, AZ 85004 Re: Palm Springs Modern Homes II Tract Map 30941 —Subdivision Improvement Agreement (A4731) Dear Ms. Williams: The obligations of the subdivision improvement agreement between the City of Palm Springs and Palm Springs Modern Homes Il, LLC has been satisfied; therefore, the following is being released and returned: 1. Faithful Performance Bond No. BE2624662 in the amount of$569,000.00; and 2. Labor and Materials Bond No. BE2624662 in the amount of$284,500.00. Please feel free to call our office if there are any questions, (760) 323-8204. Sincerely, �L�� Kathie Hart, CIVIC 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 —A4715 (w/ Encl.) C:\Documents and Settings\KathyH\My Documents\2006\Eng-PW\Release of Bonds-Itr PS Modern Homes Il.doc Post Office Box 2743 0 Palm Springs, California 92263-2743 t CITY OF PALM SPRINGS r LABOR AND MATERIALS BOND Bond No BE2624662 i Premium: Included i WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES II, LLC a California limited liability company By Ironwood Homes, Inc., a California corporation (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.30941, 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 Hundred Eighty Four Thousand Five Hundred and 00/100 dollars ($284,500.00), 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. Labor and Materials Bond LINE` Pape 1 of 2 I ' IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above I named, on June 5 , 2003. i i Palm Springs Modern Homes II, LLC, a California Gulf Insurance Company limited liability company By Ironwo Homes, Inc., a California corporation, i anagi mber By: By: 3" Princip E�y �✓i.✓ E AEivT' Suzan P terk , torney in Fact � ? S (All Signatures shall Be Notarized) Paae 2 of 2 i State of Arizona \ ss. County of Maricopa \ I i On June 5, 2003,before me,_Krystie Reeves personally appeared_Suzan Peterka_, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. f�FRl4'IAIo€AL � ht7T/�F1Y POaUfs-St?Ja of pnzaaa fvCAAICOPA COU�°!iY Signature (THE BALANCE- OF THIS PAGE IS INTENTIONALLY LEFT BLANK) � 1iV" �odu�iG I � T AMER _, I 0 } STATE OF CALIFORNIA }ss. COUNTY OF Riverside } /1, ; f0 � f , before me, Constance Gorsuch .g(e/rsonally appeared Dennis Cunningham personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mnd and icial seal. Signature o CONSTANCE G GOP—SUCH I z INMaY'°G:aie—C,aCrFo?seia > s� Gsiecvfi5t�2 f��1tY �( (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged `��a1 FlIs;B'I alA° y4� 11 6� I 3008 (1/94) (General) if ir G'V�""E:R (ONTH, OF, 'PeiiqiE`j DF'rCftMEflEy Pn`dt f-,r,Ih4TEU Olin DUIE SAFET Fir FIER Ii I I FEAj- hY'Y KNOVII ALL MEN BY 1 HESS PRES"NIRS: That the Gulf Insurance Company,a corporation duly Olgrinoe(l turbot fee laws of the State of Conciccucul, having its principal office in the My at living Texas, pursuant to the follming resolution, acoptsd by IfiB Finance 8, E,P(,ijl;ve "ohnirl of the Board of D;i e',jn, of ilia said Company on the i0th day if August, 1993, to wit: "REMILVEL, chl-the President, Executive Vic, President or any Senior Vice Presidenr of the Company shall tr;:Vc authonty to make, execurf, and oeliveF;i Poyviaj of Attorney constriciling as Attorney—in-Fact, such persons, firms, al co[fpolaTjjos as nay be selected froin I'lrle to(line and any sccil ,day b, removed and thz aullfwdy granted him revoked by the President, or any time President, or any Senior Vice 'President, of by �r2 I )i ]Directors of by the Rinanut,and Ere-rufive CommiRse of the Board of Directors RESOLVED,Ilia(Poilibing in This Powet ofAhomaysiball be construed as a grant of iiillioitty in The jttorneyi'-.) n-f,cc t-,sign execute,ack.qo,,!6dg,-, deole� or rtheivitise issue a froiicv cr roiiuies or insurance on belian of Gulf Insurance, Coinnan, RESOLVED that flit sigirahwe or the President, Dlecutive Vice President or any 'Sarru[ Vice President and the Seal of the Company may be--iffixeii vi goy such I at Alcorn ,j of any ceitificme relaiing flicupto by facsimile, and any such li so executed and cerh1ii by Lacsimule, signature am oits idle scal shall be valid and bindin I g upon [lie Company in the future with respect to any bond anrl documents relating to such bonds to which they are 'nem, Grui Insurance Comp,my `ions heipby take, constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson Jennifer Isley Suzan Peterka Deborah Williams Its fire and lavuful irto:ncv(--.) in-fact, viridi full bo,.rier and RLItIrOnty hereby corilei Ted in its name, place and stead, to sign, execute, acknowledge-,a tir- l(-live- in Its behalf, as SUI&V, NY and all bonds and under-takings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the sar— ex-d-rit as I any riondS. Urdglfrdlqr`gs and documents relating to such bonds and/or undertakings k,,,er-stoned by the duty au-,fhcn7ed officer of the Gulf Insurance and all the acts of soJ atrorcrey(s)-in-fact, pursuant to the authority herein given, arc herehy 1 a4 If I e I and confirmed The obligation of the Company shell not exceed five million (5,000,000) dollars I-,,] M:j""'NEN `i- i'nI4 h"Is Csucoi1 fffe6o firs"cilit-yo he oigricc; any ofiift, oil rcia' Cueimny acI6 I s 08;P'i'fb no lr"'li 1dl;cdJ. SUPANC&e OP \ Ecl�hry —' Pvren�e P.1,12niter T'Ne'—nive-j;'e pnsiclert flulieI" [on(W a Tria )"I'Ilha kiliary k! me dul"',swora, dii n1L'r,1is I,,', �bsr!it, b"lliiM Y,.It �10 I, bri untie came Lauri P. Pfj 1�a ii � IT �os;a NiN�lc rw'�;l�?at Oc0i ji Nicirf Jamy;that he isrii P FlaulidneeYi,q l-riisispot o"ahip Suff Ceti iIbc rs vbo?he 5irn,"no Ifli O safocqqmc?fir r" JkH ire soa6 qHl:ccc-"to.ha SLIJ Pristrunisin"!"'i 2l: ris 1 'P", lt"- lr 8--'cl oB "I'lai T;an Dii accIols or en"'31,alicin ans final s�" o-co I I,oauls, 'Iflaiofo q,vic; pi,'ai. n it I OJL r klo' Y P blic'sc�:te o4 lccw'rb7il- iris �r rjTltv R fip In King"--ctul7, '.Si 'III., o;Rl;f w).1;O.A J� j�rI—�If I If '6 Sc:J,'- E C!, ol I!cv/YGril. -Ov ti Ll!j cic m CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND ! Bond No. BE2624662 i Premium: $11,380.00 ! WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS j MODERN HOMES II LLC a California limited liability company By Ironwood Homes Inc. a California corporation (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.30941,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. NOW, THEREFORE,we,the Principal and Gulf Insurance Company as surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Five Hundred Sixty Nine Thousand and 00/100 dollars($569,000.00) 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 therefore,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. Paae 1 of 2 0 `;I(I 1�Jll �,r 6,_, 'u �m�U �� 6 ('� � i Faithful Performance Bond I ! IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 5 , 2003 . i Palm Springs Modern Homes II, LLC, a California Gulf Insurance Company limited liability company, By Ironwood Ho Inc. a California corporation, its ma g membe By: By:CAA Princip Suzan Peterka, Attorney in Fact (All Signatures Shall Be Notarized) Facie 2 of 2 k U tl L U 'c State of Arizona \ ss. County of Maricopa \ ! On June 5, 2003,before me,_Krystie Reeves personally appeared_Suzan Peterka_, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose i name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the I same in his/her/their authorized capacity(ies), and that by Ins/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I Witness ruy hand and official seal. T It` DTI iH ✓ POPfasyF4Ji31If- rsot7r ona � AiICGNACOU,� �, �t.,, Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) �•�.�h o((-^��i Pik l� t I�i�\�I li, �s AMERI � } STATE OF CALIFORNIA }ss. I COUNTY OF Riverside } I � I before me, Constance Gorsuch Denis Cunnin jzpersonally appeared gham I u personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m a d and offici 'I seal. Signature "fir 1 Q15 ++ �a �ss+14.�ai�e�30es��7 � n 'tw-.x: t e��,'s5"' FdiPAiiTEb&�'nb Cs'=Ju W2 may. my C,'amrae.E�aa�m.kin*3$, (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged n 6 r 30F (1/94) fr - 'all "'SIT 'L"-TT1"0IRB1TE' f u E!A L�� U F I a ',H-'At'.61�-"o�t:,,.'A�E PR MU-inj I'M BLU E S, RET"If "AWE �ffi I H TEMA M K 001 ALL MEN BY THESE PRESENTS That to Gulf insurance Company, a miquonatincin duty organdrea under the haws of the Dam of UvArig it pnmpai office none of 1 W Iwing. Taus, bru-suatl W the following resolullon, adopted by to Finance & Execubw Connnortee of be t3oaal of Directors of Be swo Conionav on the 10th day at August, 1993.W wK i-IFSOLVED Mg on Pms= Dative Ace President or any Senior Ace President d the ConViN Ali have aukhmay W We, encum anb dalkin a Porp-of Airci may onslawing as 6-,lunicv-hi Far[, such be soes, un InS.or conpamHons as inw, be selecMd frookmie I hi me ad a"sub Aumqin-W ao, j,- erood ad As allonly gmnAd hhn ievokea by to PrancoM, or any Exectilave Vice "modant, or any Sensf Vni Mandav )-bv to 30ad of or by we manna and Encufive ,'join,hilI of the Board of Oulenmis dix nndvru;In T]i'Po vex o�'L'4011my shall be construed as a grant of authority to the nymuN mKinAkas delivat or oI::n)iovce inuD a palter or pohnes if insudance on behalf G Cud insurance Compaw", REST VEM Man the sagrornm or be President, ExecuMe Wo 1"mynclut or an Senior He President and the SON N MO LMT3" may 9 affixed I xy swerti Fnwer of Admiq or any Whole TNQ qwko by facsimile, and are such powo-s so executed and coned by facumde sonawo and aacsWE seal slap 1),) void in d In dAoC upon dw Company un the future vo I respect w any bond and documents ralahing to surn bonds is Onch rhev are at:ached:' Gulf rons"o Cog,)-In r once hic! tv ;Ic ilm, con sumne and ap p o:m Kenneth Kirk Byron Davidson Kelly Swanson Jennifer Isley Suzan Peterka Deborah Williams its mie and; lavAul akmay(s)-in-fact with full power and auilbort"emby conferred m As name ohm and steal to sign exxT, acknowicge and deliver up its falbah, as omely, any and all bonds and undertakings of suretyship, and to bind GO Insurance Company thereby as Sky and to the same extent as if a,bondt undertakings and doconals relating no such bonds andbai undequalangs were signed by me dory aurthodcond officer of The Jinx h6urance Company and all the act,, of said Kiii to To aiAbonnyheon given, are hereby radhad and contemned The oulIqation of [no Conuany shall act exceed live million (5,000,000) dollars I'j o!l! abt,_ rr; 'E:J7. .ao jak answWWO Company has caugoo We proserds to be QUO bV any UMCM 01 Me Zei mj A?smoush cost iG be A30D Opor". OoA CE 0/-'fro Irs, so,\ V- IJ 0 STATE G117 HZ"Al ZCY-71121� SS a"V�ea�e 1juni:e- CC7 p(s" Q 117 10, Q A IUla, AL 2AG I, Do eta an came Lamearns R Whan Loma W an passwily Nov haing Q ma d ns, IV Waso nalt sq� s A I s'S in ak vrow 0MR:iWJ am." djF to seat W saw conpanallog Anat to Sandi am you on to low K34VVMN is PTA rw era ny swy� EI�;t 6"Ij M;016,it Qg 10-0 Oy Rhoomrs of sail COPOIAM and Mvp he ygnoe his nsmg. thersho 17 Ito Wq'. ef AING Ni hiint - L�"t E, 0 F" t l E E FjQ? Q 1%k CAD it! F 1 D.F .My WRA )Of New b1du 6055""'a' Qualued It Mags COUP, to, Inim '`i ct 5M RUN Asumuco con, ar; 1 cownsaw pulcusum, Up Hoop ON my ICE WAno j ZM .QWWJ i'-talf Sjr P A mW z W Th IF HY04-0, /Q a , 'i iti ITE T "a "V George Hopouro "en!Isr Iric- 4x r 4�9' lIlly `ti 1t ® 'Palm r1n }/�l� S W 'x`RVro j `g l 1 Department of Public Works and Engineering 4*� �•, °Pona+co 3200 E.Tahquicz Qmyon Way - Palm Springs, California 92262 I FQ R�� Tel- (760) 323-3253 ' Fax: (760) 322-8360 Web'www.ci.palm-spungs.ca.us i January 11, 2006 Brown and Brown Ins. _RL, 2800 N. Central Ave., S-1600 Phoenix, Ariz 85004 C' < Attn: Deborah Williams Re: Tract Map 30941, "48 @ Baristo" `� = Please consider this letter as the City of Palm Springs' notice that the obligations of the subdivision improvement agreement between the City of Palm Springs and Palm Springs Modern Homes, ll, LLC, related to Tract Map 30941, have been satisfied. The following subdivision securities required by the agreement may now be released: I Faithful Performance Bond; Bond No. BE2624662; $569,000.00 Labor and Materials Bond: Bond No. BE2624662; $284,500.00 i the subdivision improvements for this development were accepted by the City on January 6, 2006. Therefore, the bond for maintenance and warranty of improvements (Bond No. BE2624662; $85,350.00) shall be held in full force and effect for one year until January 6, 2007, at which time it may be released unless otherwise notified by the City of Palm Springs. The bond for monumentation (Bond No. BE2624662; $2,500.00) will be held until the City receives a letter from the project surveyor indicating that the monuments for Tract Map 30941 have been set and that they have been paid for this work. If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, Carol Templeton Engineering Associate cc: Deborah Williams, Brown &Brown Insurance Co. - via facsimile: (602) 651-7144; Ernie Vincent, Palm Springs Modem Homes li, LLC - via facsimile: (760) 320-8774, James Thompson, City Clerk,- TM30941 file I I I I Post Office Box 2743 0 Palm Springs, California 92263-2743 DOC " 2003-717516 09/15/2003 08:00A Fee:NC Page 1 of 51 Recorded in Official Records PLEASE COMPLETE THIS INFORMATION County of Riverside RECORDING REQUESTED BY: Gary L. Orso Assessor, County Clerk & Recorder 1111111111111111111III1III 11111 II1IIIII11111 III1111 AND WHEN RECORDED MAIL TO: - - ---- M S U PAGE SIZE DA PCOR NOCOR SMF MISC V, l A R L COPY LONG REFUND NCHG EXAM `lD r Subdivision Improvement Agreement - Palm Springs Modern Homes II, LLC -f -w Title of Document TH8 ARC RECORD FOR USE OILY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238-02(REV 03/02) Palm Springs Modern Homes Subdvision Improvement AGREEMENT #4731 R20658, 7-16-03 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS MODERN HOMES II, LLC A CALIFORNIA LIMITED LIABILITY COMPANY U9r 15�LFJO3�gE�60A 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.........................:....I................ 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 IIII IIIIIIIIIII IIII III IIIIIII II 05l�03 f 1�0uR Construction............................................................ 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................ 11 6. Acceptance of Offers of Dedication................................... 11 7. Warranty of Work.............................................................. 11 8. Default............................................................................... 12 8.1 Remedies Not Exclusive.......................................... 12 8.2 City Right to Perform Work...................................... 12 8.3 Attorney's Fees and Costs....................................... 12 9. Indemnity.......................................................................... 12 10 General Provisions............................................................. 13 10.1 Successors and Assigns......................................... 13 10.2 No Third Party Beneficiaries.................................... 13 10.3 Entire Agreement; Waivers and Amendments....... 13 11. Corporate Authority........................................................... 13 IIIII IIIIII I IIII II I I III IIII I IIII III II 09/0�4p f 51 fiF�R 11 SUBDIVISION IMPROVEMENT AGREEMENT THIS St1BDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of `�� s�� 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Palm Springs Modern Homes II, LLC, a California Limited Liability Company ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 30941 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City Lots "A" and "B" for street and public utility purposes. City desires to accept the various public dedications as shown on the final map, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, 1 III II I I I III II I IIIIII IIII I III I II 09. 15r5G f 08 5i6U0R are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $569,000.00. 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 survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by 2 I IIIIII IIII I I III II III IIII IIII III(IIII IIII IAI C00 E 9 6 ofl 511 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 completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be 3 IIII IIIII IIIII II III IIIIII IIIIIII II III r09/� il 75 1612f £ 1F©OA 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. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency 4 1111 II II I I II II II II �91�",8 o£51F00H (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. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers'Compensation Insurance as required by the Labor Code of the State of California and shall cause each 5I I III II IIII Il ll IIII III illlll hill l II I ll I IIII ©e i©0 20£es aaa 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 $569,000.00 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 $284,500.00 equal to 50% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of$2,500.00 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$85,350.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858.Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. 6 III IN �� 09 10 Fig 1 (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, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the pryO 7 II II II III II II II I IIIIII IIIIII II II I III 03 0�'100a£01 5100H 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 Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of 18 I IIIIIII I III IIIIII 111111111 III ans121£5 OGA 1 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 the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both,the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable 9 III II III I III II I III I IIII III III II 0& �13 fE 5k1N0F 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. 11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. I 10 IIIIIIIII IIII IIII I II I III IIIII IIII ©s2s,14 Qr 51 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: f >.. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Patricia A. San ers, City Clerk David Ready, OityQanager APPROVED AS TO FORM: O°rt,. ttorney SUBDIVIDER: Palm Springs Modern Homes II, LLC, a California Limited Liability Company By: Ironwood Homes, 4a.- California Corporation Its: Managing er (Chet ind vidual, X partnership, _corporation) t" (By: S' nn By: Dennis A —14u ham President ame and Title � � /�.}yy Uy�E l(nilTflY (g;O lU1 NM Mailing Address: 74-140 El Paseo, Suite 4-PMB520 Palm desert, CA 92260-4113 (760) 323-1477 II I IIII I II I I III II II II III ©en 15 0£5 1 R 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT F A State of California Q [S� ss. ')I 6County of t q 'Q r S t e- �1 q 1 On . 0Q11ST K al foreme, JUilil I Il• 1\kI0A01$ Notary 4hC'�l Dale p Name and rlpof Officer(e g.,"Jane Doe,Notary Public') t personally appeared Dav l d H. R e a ll Q yt� ciij i i G%ot l . SQY►d P,I'S ti Namecn)m sOner(e) <fj I>-personally known to me S-preve > uol earctcrtce �� C,1 to be the personlD whose name 1s ar s subscribed to the within instrument and �»„ _ _ (> t JUDITH A.NICHOLS acol knowledged to me that the executed ,•r3 COMM.#1261780 the same in their authorized �)� f�� I, notary on q0� capacity les and that by Fi+sH4e hei jl C, RIVERSIDE COUNTY signatur s on the Instrument the perso s, or Fjl ,,,y✓'r My COMM.Ekp,May 21,2004� the entity upon behalf of which the persore �>) (r;l acted, executed the instrument. �I `,,' WITNESS my hand and official seal. }i B19naWnd of Nolery Pond If' I)1 i OPTIONAL Though the information below 1s not required bylaw,it may prove valuable to persons relying on the document and could prevent �1 �(I fraudulent removal and reattachment o/this form to another document. `)I J Description of Attached Document �I j �17 ��tN1,9.. lOH yh MIDV1?(1 � rFPln2h`C 7j <- Title or Type of Document ,Rj Document Date: Tca K e- y d ® � Number of Pages: 14 ;o �y I , Signer(s)Other Than Named Above: Davtg (-\kesJ tre- 7�� ey%i S GJ 11. IS, Capacity(ies) Claimed by Signer IJ i m <{{ Signer's Name: �t V IV\a" E 1^ Ui YI� C ti Y Clem A Sanders) 111(; ❑ Individual Top Or Thumb here N7 Corporate Officer—Title(s): _ ,nA QV 00 0 2 Ir V C it Y CI e r K j?j �( ❑ Partner—❑ Limited ❑ General ;v71 r(, ❑ Attorney-in-Fact IUD rE ❑ Trustee �5 c, ❑ Guardian or Conservator >� ❑ Other: (F, Signer Is Representing: he C l_ �`J Owl; nt Ct S (l'S�, e l .. -. _._v�r<i_aa".-`.: ::,v-� i_S�„i.,-�.'.ir✓:Y vL:,)r._'.:,:-.C"✓`aV'v"e3ci--Sv�i„v.9:0L1ti�J:—Jv��r�V ✓(.)I 01999 Na1mnal Nolery Associallon•9350 De Selo Ave,PO Box 2402•ChalsWorth,CA913132402•wwwnalionalneldroda Pmtl No 5907 Reorder Call Toll-Flee 1.BOO B766B27 II I II II III II II II III II IIII If III II II ©s?br i0 of 5Fleen CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rcr=rc�`�.^,crcrcrcr�tircr'c�.s�;cr,�.,c,�,,c�'.crcrc..�rcrcrcc>crcc.e:;.cr,4rcr�Trcec�.crs;c�,r�cvn_c<,>c�,-,r�;c�'y; State of California fi ss. County of fi On �0 ,LI_(�'j before me, Dale Name and Title Wei er(e g,"Jane Doe,Nhlay Public') personally appeared D,&n17IS A b-tnn,t)1"0 Il Name(e)of Slgner personally known to me is ❑ proved to me on the basis of satisfactory evidence �I to be the person(e) whose name(&) is/ai, subscribed to the within instrument and acknowledged to me that helstae/.tbey executed T. TREMBLAY the same in his14-1 4heip authorized I; CommtssionS1279094 z capacity(+es), and that by his/he#4heir , ' Notary Public-California si nature on the instrument the erson� or I Riverside County g � P ( )� My Comm.Expires Ol 21(M the entity upon behalf of which the person(&) � . acted, executed the instrument. ) WITNES y hand and official seal. ( Place Notary Seal Above 3lgnature of Notary Ic '� OPTIONAL ) I� Though the information below 1s not required by law, it may prove valuable to persons relying on the document `I I� and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: :5uloGlf,V) .$l DY1 �ryt.prpyel'il- 9' h6i.fEblV"� Document Date: Lq -c)3 Number of Pages: a I r� Signer(s) Other Than Named Above: Pa.i-fieia h .5 e,rs 0avil R.eQralaw.i 'I Capacity(ies) Claimed by Signer I� Signer's Name: Q-lkijS A -W nru'yill m. - ❑ Individual r ' To of thumb here Corporate officer—Title(s): PC-e6j,C ,�yt�, P �I (i ❑ Partner—❑ Limited ❑ General I� ❑ Attorney in Fact ❑ Trustee �I fi ❑ Guardian or Conservator ❑ Other: •ll ) Signer Is Representing: %Zp!1 rpLJd 14DYY12.� fi 01999 National Noll Association-9350 Be Solo Ave,PO.Box 2402•Chalawmlh,CA 913132402•wwwnalionalnotaryarg Prod.No.5907 Reorder Call Toll Free 1-6006766627 I IIIIII IIIIII IIIIII IIIII III IIIIII IIIII III IIIIII I I IIII ear s017 o 3i Sort -717516 EXHIBIT"A" TENTATIVE TRACT MAP 30941 CONDITIONS OF APPROVAL II lill Hill 11111111111111111111111111111111111111111111 da;af�10 f'11 12 ,dvNP(�1Vki1 €iV NLAIVhIIVm �U'vuv"'' •;4%� ..,.., y,u�11�3 a712 '7a Cj ----iii{ I EXHIBITA �am—,DTLLDate— Initial APPROVED BY CITY COUNCIL Tentative Tract Map 30941 � og4ie Date2�1 -- initial --. 1460 and 1550 East Baristo Road A, iulfe11 Ordinance #- - -- February 19, 2003 APPROVAL SUBJECT TO ALL RFOUIRW �nAInITInNS Rd ARn11f a�•• CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief 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. 1 a. 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 b. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TTM 30941. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense,the applicant shall not,thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 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. 3. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. II III I III I I II I II II I I II 0r 19 of 515GH r 4. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. The appeal period for an Architectural Approval and Tentative Tract Map application is 15 calendar days form the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 8. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 9. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24,020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 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. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000,for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 12. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 13. All materials on the flat portions of the roof shall be earth tone in color. 14. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 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 III II III IIIIII IIIII I lallll IIIII III IIII !1 III F 9/1��2@0r £ &CIH heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 15. No exterior downspouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 16. 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. 17. The street address numbering/lettering shall not exceed eight inches in height. 18. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards,shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. A photometric study shall be required for all parking areas, driveways and entries. 19. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 20. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 21. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 22. Details of pool fencing (material and color)and equipment area shall be submitted with final landscape plan. 23. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 24. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 25. Parking stalls shall be delineated with a 4 to 6 inch double stripe or equivalent design - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuos 6" barrier curb shall provide wheel stops. IIIIII IIIIII IIIIII IIIII III IIIIIII�IIII III IIIIIII II IIII 63 e��21 0ef6 5166E . J i 26. Concrete walks with a minimum of two (2) feet shall be installed adjacent to end parking space or end space shall be increased to eleven (11)feet wide. 27. Tree wells shall be provided within the parking area and shall have a planting area of six feet in diameter/width. 28. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight(8)handicap accessible spaces, but not less than one (1) shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 29. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. Handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 30. Curbs shall be installed at a minimum of five(5)feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2)feet from the face of walls, fences, or buildings adjoining driveways. 31. The developer shall submit a letter from the waste disposal service verifying that trash cans are acceptable for project waste management prior to issuance of building permits. 32. A detail of the decorative wheel stop for the accessible parking spaces shall be provided to the Planning Department for review and approval prior to issuance of building permits. 33. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 34. Given that portions of the project area are within an alluvial formation,the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and,if necessary,prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Band of Cahuilla Indians. 35. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. POLICE DEPARTMENT 1. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. IIIIIII IIIIII IIIIII IIIII III IIIIII IIIII III IIIIIIIII IIII ©d LKt2 o 7516 f51 H BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Road Design: 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. (902.2.2.2 CFC) 2. Building or Complex Gate Locking Devices: Locked gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 3. Location of Knox boxes: A Knox box,shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 4. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 5. Fire Hydrant& FDC Location: Residential fire hydrants are required. A public fire hydrant will be required to be installed within 30'feet of the Fire Department Connection (FDC). 6. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible,accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 7. Premises Identification: Approved numbers or 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. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 8. Fencing Required: 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. (8.04.260 PSMC) ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. IIIIIIN11111111IIII 11111a1111III1111II III �q,zr02©e£, 6�0R 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses,covenants, reimbursement agreements,etc. required by these conditions. EAST BARISTO ROAD 3. Construction minimum 24 foot wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 4. Complete the construction of curb, gutter, cross gutter, and other required improvements at the intersection of East Baristo Road and South Hermosa Drive as necessary to provide for off-site storm water runoff drainage to the Baristo Channel. 5. The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches. 6. 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 turnaround after the mechanism for vehicles unable to enter the project. B. Security gates shall provide a minimum of 20 feet clear width in at least one direction. 7. All broken or off grade CURB, GUTTER,AND AC PAVEMENT shall be repaired or replaced. EAST ARENAS ROAD 8. Dedicate additional right-of-way for a modified off-set cul-de-sac as required by the City Engineer. The minimum radius at right-of-way shall be 51 feet throughout the cul-de-sac bulb. The minimum curb radius shall be 43 feet throughout the cul-de-sac bulb. 9. Construct 6 inch curb and gutter throughout the modified off-set cul-de-sac per City of Palm Springs Standard Drawing No. 200. 10. Construction minimum 24 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 11. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 20L13-71751II II II I I II II I III II IIII II IIII II III N9/ 9l 4 of@ 5F1@@R J 12. 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. Security gates shall provide a minimum of 20 feet clear width in at least one direction. 13. Construct AC pavement with 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, between the edges of proposed gutter in the cul-de-sac and easterly to clean sawcut edge of existing pavement in accordance with City of Palm Springs Standard Drawing No. 110 and 101. The pavement section shall be designed, using"R'values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 14. Connect all sanitary facilities to the City sewer system if not already'connected. Laterals shall not be connected at manholes. 15. Construct an on-site (private) sewer system to collect and convey sewage through a maximum of two lateral connections to the existing sewer main located in Baristo Road. 16. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants,and Restrictions(CC&R's)required for this project. GRADING 17. 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. 18. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for review and approval.The Grading and Paving plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Department. A PM10(dust control)Plan shall be submitted to and approved by the Building Division prior to approval of the grading 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. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. IIIIII IIIII IIIIII IIIII III IIIIII IIIII III(IIIIII II(III 2EJF 95 25 Df 5 9H E. Copy of Soils Report F. Copy of the National Pollutant Discharge Elimination System (NPDES)stormwater permit from the California Regional Water Quality Control Board (Phone No. 760- 346-7491)to the City Engineer prior to issuance of a grading permit. 19. Drainage swales shall be provided adjacent to all curbs and sidewalks-T wide and 6"deep- to keep nuisance water from entering the private or public streets, roadways, or gutters. 20. Developer shall obtain a National Pollutant Discharge Elimination System (NPDES)from the California Regional Water Quality 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. 21. In accordance with City of Palm Springs Municipal Code, Section 8.50.025(c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 22. 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. 23. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 24. 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 25. The developer may conduct stormwater runoff off-site to East Baristo Road in accordance with the preliminary Hydrology Report dated September 2002, prepared by Mainiero, Smith, and Associates, Inc. A revised hydrology study shall be submitted to the City Engineer for review and approval to demonstrate the capacity of off-site drainage carriers in relation to the developed condition of properties tributary to Baristo Road at Hermosa Drive. Provisions for the interception of nuisance water from entering East Baristo Road from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas adjacent to East Baristo Road, and in only a stormwater runoff condition, pass runoff directly to the street through parkway or under sidewalk drains. III II IIIII II II IIIII I(IIIII IIIII IIIII II( III -26 of 51 26. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is$9,212,00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 27. Construct minimum 24 feet wide private streets between concrete wedge curbs with 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. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 28. Parking shall be prohibited along all private streets. GENERAL 29. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch in accordance with City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 30. All proposed utility lines shall be installed underground. 31. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 32. The original grading, street, storm drainage, and other improvement plans approved by the City Engineer shall be documented with record drawing"as-built"information and returned to the Engineering Department prior to issuance of the certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 33. 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 Ordinance Section 93.02.00.D. 34. 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 35. 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. 36. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review and approval. The Final Map shall be approved by City Council prior to issuance of building permits. IIIIIII HE 11111111 II IN 0 z E7 f i51 E90A TRAFFIC 37. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the East Baristo Road and East Arenas Road frontages of the subject property. 38. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND"shall be installed per City of Palm Springs Standard Drawing Nos. 620-625 at the following locations: A. East Baristo Road at project exits. B. East Arenas Road at project exits. 39. 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"dated 1996, or subsequent additions in force at the time of construction. 44. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. I IIIIII IIIIII IIIIII IIIII III IIIIII II�II III IIIIIII II IIII F3 1�F'?�0£�81+0R CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND Bond No.BE2624662 Premium: $11,380.00 WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES II, LLC, a California limited liability company By Ironwood Homes Inc. a California corporation (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.30941,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. NOW, THEREFORE,we,the Principal and Gulf Insurance Company as surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of Five Hundred Sixty Nine Thousand and 00/100 dollars ($569,000.00)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 theirtrue 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 therefore,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. Pane 1 of 2 111111111111111111111a,l's,23�f'51AA Faithful Performance Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 5 12003 . Palm Springs Modern Homes,.l.1-rL , a + alifornia Gulf Insurance Company limited liability company<Bq Ironwood f omes, Inc. a California corporation, its an gigg member By, �� ' /✓ / B l�— [ Suzan Peter Attorney in Fact �Ptal / (All Signatures Shall Be Notarized) Paae2of2 111111111111111111111 05;5''3© ©aluF,F OF i GARY L. ORSO Recorder P O Box 751 * COUNTY OF RIVERSIDE Riverside,CA 92502-0751 y' `= ASSESSOR-COUNTY CLERK-RECORDER 9o9>4s6-7oo0 k. Y` I:t[p!bivzrs:dc asrcll,tec con+ NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Krystie Reeves Commission #: N/A Place of Execution: State of Arizona - Maricopa County Date Commission Expires: January 29, 2005 Date: 5-30-03 Signature: 6';�' r �YiC Print Name: Velma Burnell, Deputy City Clerk I IIIIII IIIIII IIIIII IIIII III IIIIIII IIIII III IIII IIIII IIII 09 5�3 t 6ef011 0fi ACR 186P-AS4RE0(Est,05/2003) State of Arizona \ ss. County of Maricopa \ On June 5, 2003,before me,_K ystie Reeves personally appeared_Suzan Peterka_, personally(mown to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. y, 1 I LFpI I rl I {"1 5�G �1 fl �ry pE fro ��, �o nlu�y �J�L.G ut;te,arAitcut© c 5Py porarn r. JIwT/ Signature_ (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) IIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I 03-717516 N5dl 5i'3 ecf 51 9e0R i GARY L. ORSO Recorder P O.Box 751 * COUNTY OF RIVERSIDE Riverside,CA 92502-0751 4 a ASSESSOR-COUNTY CLERK-RECORDER (909)486-7000 01 — 1alp Priver6lde asrdhree.cum NOTARY CLARITY Under the provisions of Government Code 273613, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Constance Gorsuch Commission #: 1357687 Place of Execution: Riverside County - California Date Commission Expires: .rune 20, 2005 Date: 8-30-03 Signature: Li; l �e — Print Name: Velma Burnell, Deputy City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIII E9r?5130a1f 56EaRR ACR 186P-AS4RE0(Est.05/2003) 1 6 0�0 STATE OF CALIFORNIA }ss. COUNTY OF Riverside } On -'� � V �-;'"iefore me, Constance Gorsuch ersonally appeared Dennis A. CllIIIIlIIghalLL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m /Lcl and o icial seal. y � 1 � � C '%� Signature �/ (This area for official notarial seal) Title of Document Date of Documen t�„ t �� fJ No. of Pages? Other signatures%h`ct acknowledged I IIIIII IIIIII IIIIII IIIII III IIIIIII IIIII III IIIII IIII IIII 9 15/'4013F+8 ONF1 a vmanran Tiilp008irnn9ra((General) r[ l i m1159 �0(= aG�G QsP:I C`xa�9 MnMTRC)) �1l, JCS9 Sri;E9T E-'tMR1ER (Dlq AITTOII'E�ITEI y D6El2,UMLS DG Till POPDEt, OF CTu TOPMEY ME P11INTED ON BLUE SAFM PAPEE MTH TEAL M. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organizer under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance 8, Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,m corporations as may be selecied from lime to time;and any such Attorney-in-Pact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in'this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may he affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson �,ry Z r, Jennifer Isley Suzan Peterka Deborah Williams its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute,acknowledge and deliver in its behalf,as surety, any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as it any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company C and all the acts of said atiorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. th5 gl➢VMCSdn WFitEREBh',ttom Paotf tnsmuammm bnmonpamy bins oamsedl floes®Presents um 602 signed Vg7 any officer of tCue Company scud iEs Cmcpmcate 3ca9 tin no Bowe aiutiiGal. oOPPO��F' ,s SEAL STi=-� 01 l.uVVIZ©yLC l� �o J~ li�C:.M1.'L;Q�.�s,_ �/\,� ✓!-a m. NNECS�U L nwrenc2 F.PvHrnnuer COU1v1T17 ®F 1'ITEV✓,voRiA{ J � ��,� az�uDdi-ve Vuee L a•¢suVeunn On thbis 1st alay of Mother, AD 2001, before me came Lawrence P. d InHar, Roomfo uooe personally wbu being by Fee duly stvmtn, old alepmsm and ny: Mat Coo nastalcs im �y+3hc;CUmad Doagem,State Of New,9cisoy;that he is Me Erecmfive vice President Uf tim Gull tnsmnance Company,the cmrporaftan alasovMag in and which execmfed the aGsmve instrmmaem9;fiat he knows the seal mf said cmrpUuailmn;that fhm seat afiixed to iihe said insfrmmen's is such merpmafe seal; 8haf if was sin ettlxal by enter of the Board of Directors of said cUrporailen and that he signed hfs name,fhcretc by Ifke Ural®,. �sp,Pweiq- fcll/�, V ° 1•iG�tLS7 r';.T 17:3rli^JizOII2ti 'jj! JJ� lC of 1 jr�7 J":i® �I'e -� of V�� No.02MAfn01S 99133 ouw5hled uZ hUB ss County cowmissiws� Tcbrunry Ilc,ME t,fbo aonalerstn;usal,Cmn v1fli e Pres doci Of fie Gulf Insurance Company,m CmnmmnYtcmf corpUrafiom, D©HEREBY CERTIFY Hri tho imogoing nnr]22nchnu f'tl°'R 0 P PTT®GtGflEV mnnatno in imh fonoe. VCCC Dated it➢uc may on ,yin 3igu¢a1 midSeeC¢¢a¢t¢Cn¢�Ci¢y®P IV¢w Y®rEc. F,� 02, vy uURPC�Ilac �y �NVEi Gemrl,e➢B mcnriH .�„�,��✓� senor Vice P2rrsic!e�ut CITY OF PALM SPRINGS LABOR AND MATERIALS BOND Bond No: BE2624662 Premium: Included WHEREAS,the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES II, LLC a California limited liability company By Ironwood Homes Inc. a California corporation (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.30941,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 Hundred Eighty Four Thousand Five Hundred and 00/100 dollars ($284,500.00), 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 surely 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. Labor and Materials Bond Paae 1 of 2I II II II I III I II II IIIII II IIIIIII III F,ans�3 eii551 eR IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 5 , 2003. Palm Springs Modern Homes-ll-,±L,a California Gulf Insurance Company limited liability company-By Ironwood Homes, Inc., a Cayi ,oration, its mmaa gin member By: / ,/✓ i.,� P . dal rfCF--<% rs Ers e y Suzan Pete , Attorney in Fact �� (All Signatures shall Be Notarized) Pape 2 of 2 III II IIIIII IIIIII II II III IIIIIII IIIII III IIIII IIII IIII as?s 370£Fe 1 , , 0 } STATE OF CALIFORNIA }ss. COUNTY OF Riverside } before me, Constance Gorsuch 4�rsonally appeared Dennis A, Cunningham personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thaI he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 4"s ,�. ,Ga„�s,�u0 8®�77t."5Y z 10 2 (This area for official notarial seal) Title of Doc umenf� �'%� Date of Document No. of Pages Other signatures, 6t acknowledged �� 111111 �� 09 15�138 of 3 3 tf�fiF 3008 (1/94) (General) Firet vmPriran Ti la Inei Tanner Comnanv .• weFas.. GARY L. ORSO Recorder P.O Box 751 * COUNTY OF RIVERSIDE Riverside,CA 92502-0751 �== ASSESSOR-COUNTY CLERK-RECORDER 909)486-7000 is M. L•np Ht iversido.aaxcllm e,,cunt NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Krystie Reeves Commission #: N/A Place of Execution: State of Arizona - Maricopa County Date Commission Expires: January 29, 2005 Date: 5-30-03 Signature: � �& Print Name: Velma Burnell, Deputy City Clerk d6(1 ACR 186P-AS4RE0(Est,05/2003 I IIIIII IIIIII IIIIII IIIII III(IIIIII IIIII 111 IIIII IN IN E+5 3f©j�51_ State of Arizona \ ss. County of Mancopa \ On June 5, 2003,before me, Krystie Reeves personally appeared_Suzan Peterka_, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons)acted,executed the instrument. Witness my hand and official seal. -,- � . w r ,Ti ClNtlnl iJ i "I' w sru 'W Ft�6j sotAnzaa�a -- ., M"'PIca E r;1 a yTv r 0 Signature ##N;:'¢N�=R.I•r-R h 4�%'1=-F�k>N�NkR+F i•I'F'k=k-1'8tlk=k=.=-R k FR+#I'RiF k N=-k1<&N=k1-R R R I'R 2F4N,#-F&tR&#Yk4N9'k##N'81=t-F&# (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r5ZRF401£58 GOA 1 CC9e-.c OIN SUiL,9l',M CFM (D0 MhAHV MIGPt9V?V0 0F'CCF13 POWER OF&TMRHEY ARF P09N a E© OM ME SAFETV PAPZR MTH VEAL pN9t. KNOVV ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED, [hat the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,of corporations as may be selected from time to time;and any such Attorney-in-Fac't may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in'this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver m'otherwise issue a policy er policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed io any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are aiiached." Gulf Insurance Company does hereby make, constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson �L Jennifer Isley Suzan Peterka Deborah Williams �`C] O r J` its true and lawful attoiney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign,execute, acknowledge and deliver 9 inits behalf, as surety, any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company p and all the acts of said attorney(s)-m-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. DA V HTHESS 7f HEL EOF, dto 0utt Gnsxvauce Company Me Caused Mosa proseuois to he signed by marl oifter of d"'e Corepanp end oL,uovpaca;e 0,:af M be hoveie rl iageD. \�SoBANCE00 GITTtLF INSURANCE COMPANY _ OflgpP � 2q J tJ Yy b_'.+�dnt� L � CS NNEel�� ]Lawcenee F.R/[iumnEec i coufjT,, (or Sal VL1 ©II LL � )CJ r>ecafd✓e Vsee]"n'esuQIIeuah On uf7fs'Vsu 02y o4 0c$o9ei', nD 200"t, Doiove me came Da ivaice P. Miniiev, imewe 4n nce pamenalty uuim&a33ng by me duh?Suuevo, Oda; floposo F.he sego: U-iai he vesicles in One c©uont of DOE gen,S@ate of Neu]jmep;ibei ho is Shu Execulkm Vice Pvesin]eni of M ULUH fnsuvanoe Company,the c©vg®caipen rloscEHw"] in aood wG frh w2cepea1 the ndmuo insivitmooei;that he Pmocus the seal go'said cevpomuen;tDai the seal aBipxod1 to iho said ioiNuv mdn'u is scac[n-mficm-'Eo sozi; ilhu2 ii was on aG4oxed by order of Inn DoiiM eG Divociovs ei said c®vp omfign arid Umi he signed his name,iflomko fal like ovdov. -- DO '�Arididus MA3, II�IIflS-^nF+'4�F.,i%:� /aT}�7CIE 07 �TEVV YO® ,..� 1 �S �/�L Ri®boxy Ruu'dDi3c,SGaha off Stew:Cork G 9'•Ut'7"tl: ' �U." 1 JTVV II'Jy is �cPld.©Y viA6®fl49t W Q9uutfified n n'Kings Ca uDiy Commissions Es:pb-?s Fcb aenncy 16,MD i,uhc cn evaigoiecl,0e61aev Vico Pce Woni 0i G4 o GUN,Gnstuance Compaoy,a Cennecipcut Corpovation,D©E2FlEDV CE:Mf ry llmiIllo fiecogufar owe agaE ,[wtoQ PuYVfIfEkB 0.F Ak'u'OGtVVEY oemaons on GxV9 9®cco. J , zi o ggMNC 0 ID�akec➢the day of -a Sdgned nod'eared at the City off New-ork. ,p L� L l . l0"I N.y� C qc3 Fdlri, -ECIN y �,✓ Geosge Xii-,rcz,gi ,�s" Senion-Vice�Fesid m: CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS Bond No. BE21624661 Premium: $100.00 WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES ll, LLC a California limited liability company By Ironwood Homes Inc a California corporation (hereinafter designated as"Principal") have entered into or are about to enter into, an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated , 2003, and identified as Tract Map No.30941, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and Gulf Insurance Company, as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Two Thousand Five Hundred and 00/100 DOLLARS ($2,500.00), 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 their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Facie 1 of 2 11111111111111111111111Fs.�sr42 of 51GOA 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 therefore,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 executed by the Principal and surety above named, on June 5 , 2003. Palm Springs Modern Homes II, LLC, a California Gulf Insurance Company limited liability company By Iron omes Inc., a California corporation, it ana g me er By: / B : Principa r ^�i f��iG�'�. y Su eterkA)torney Fact (All Signatures Shall Be Notarized) en911ormslfabbmon bnd Paae 2 of 2 II III I II I I II III I III III FJ9r �043 of 51fJ9R State of Arizona \ ss. County of Maricopa \ On June 5, 2003,before me, Krystie Reeves personally appeared_Suzan Peterka_, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/them signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. Witness my hand and official seal. U k r 101 11I 11r.AL KJIYO T 4 r [ Cti� �tJil�tiVf�ll7liC, S,1e lrC?osta � � �� h7�11,1f 3'tA l gUkriY � fvPo�i f Gfi T1 Gal IJ1.F 1 7_1705� G' Signature k;k =k N:a::k :::::1-1':1=' ;k:�::k; :I':kl::I::I+I:=R;1•:kkd=1::Y:;-I::F:I:Y:{::k:I:N;:k:kA:;1::Y:P::::1:;1::FA::1::k F:1:;Y::::1::I::I::4�9::I::kB:a::ks,:8;k:k#:1={:#{::F9a:k%;I;;F J::k (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) III I IIII IIII IIII II IIII IIII II I III II IIII Utz 4-r 3 09; 1 OF A. MERIC r� 0 } STATE OF CALIFORNIA }ss. COUNTY OF Riverside } %� �� before me, Constance Gorsuch �p rsonally appeared Dennis Cunningham personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. �/,p WITNESS my harneand offici I seal. Signature ' - r 'd - N ilk �°-fu wti Ci4� IV Ee9( rt7d (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged I �II II I I �I II I II II II I II I I I II II pa 15/4ee?ds lea 3 4 0£ 51 3008 (1/94) (General) - — ----- - Firct Ameriran Tiila Inairanra flmm�amr QIJLF oHq HR,? Fil((,E CO, Ry�PA HrV P�YTVER 01' AT7(MP'U`7,Y 07itrGh9ALS hF TK5 POWER Or ATT©RNEV APE G PANTE6 ON CLUE SAFETY PAPER WITH TEIOL GNh, I(NOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organizeu under the laws of the State of Connecticut,having its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance Et Executive Committee of the Board of Directors of the said Company on the 1 Oth day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Afforney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,cleliver m otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,ihai the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." r m Gulf Insurance Company does hereby make, constitute and appoint u�© Kenneth Kirk Byron Davidson Kelly Swanson m Jennifer Isley Suzan Peterka Deborah Williams its true and lawful atomey(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign,execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extend as d any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. i� fz g',➢ lL ;:SS Vft mIREm F,Illm Clef Gmc uvance can,vany Gams caused Mase;sveseufs to he signed h7 mnlnp 04a'scev ui the Cunuwpan^f riot NO Cuvpumv G o;oai 'nu .0 hovaiu afff:md. f �MIvcE GULF IINS RANC2�C©N1Ff;NY� ��5 CO ,✓ S7 EO °Nr v�� 4Eo5 Lavivence P.rvH nHer �i xecun¢ive'Vice Il'resimlcw4 Ott Ituis'GsN day 94 Octubuv, An 2001, heduve mu came Lawrence P. NtiflHav, keuwe to mine puns©maBy wGu© being by rve dull,,siuuvm, did Cj0puse aoltf ca"�": --`tinmU ha vcs,GSes in th,Curn ky uE Dorgan,State uN Maui Juvoey;that Gae is hoe L;:acuHua Vice Vvesiflcui at die GuH insnraucu Cmmplwa '¢iio llescudf ud Gut annd lgfdrin s%esuoival'igo alioua uns¢vo moat;Nkst Sao Gioictes Phu so'f uS said corporation;that Ole sa2f aEfox¢d to the sr uc knstveme,uts is cMiu cerren� to scat; ttni h bums s®aNNleed by eMev of the Doug ud Dhectovs of said covpunagon and that he signed his wame,MCA 6tuh'9like uvdev. d /J F_NGTF rvIIFSlA:d3Pi-3)L�F„eC Plctnry 1Pnnblk'State aB1Vey"Loral h ®p N�� OIP✓PA601999N ,r(0r 1l-f1,I 11. '_� OF1F-VJ Y03RK Qm5 ff3ed,in Kings Coma y Canrnwission rSaLain'e3 lL•ebruary 116'2,00 G,fNam uuia woiguned,3e11Gav4➢ice 6avasffleut of She GUN S rnVaece Cumpany,a Cu0000usiicauN Corporation,PC HEREBY GfR-1;RY tla@t Um NoregcME mm l auinetneJ FGJ41FED OF ffYO NEY r2nmins is tnuh Miss. � SURANCEp \� DriedEPoe allay o3 Signed anmC,Sealed at dia My ce'New York. F'N��., 0pogq iyo'` George Ma®oardi u ��' Geniw Vice President CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS Bond No: BE2624662 Premium: Included WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES II LLC a California limited liability company By Ironwood Homes Inc. a California corporation(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.30941,is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one(1) year from date of acceptance of work by the City of Palm Springs(hereinafter called"City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted,or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and Gulf Insurance Company, as surety, are held and firmly bound unto the City, and all contractors,subcontractors, laborers,materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of Eighty Five Thousand Three Hundred Fifty and 00/100 DOLLARS ($85.350.00), lawful money of the United States,for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,for the payment of which sum well and truly to be made,we bind ourselves,our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and Pape 1 of 2 II II I I II I I II I I II I III II as, i�04 0of 51900 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 therefore,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 executed by the Principal and surety above named, on June 5 , 2003. Palm Springs Modern Homes Il, Ll-�, E lifornia Gulf Insurance Company m Limited liability company By Ir od Home?s, Inc., Its managing member i /� � By: � f v / ✓ B Principa/p .V,, / 7v) Suzan eterk , torney in Fact f (Notarize All Signatures) Plane 2 of 2 IIIIII IIIIII IIIIII IIIII III IIIIIII IIIII III IIIIII III IIII 260 uf0 5 r]31GFifl 4A State of Arizona \ ss. County of Maricopa \ On June 5, 2003,before me,_Krystie Reeves personally appeared_Suzan Peterka_, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instmnent. Witness my hand and official seal. �, r V, ol,Atom rry 29-2005 Signature ,, r, 7 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) IIIIIIIII I II I I II I III I II II II u3/1$�4 mat©11©r_+R � m 6 0 } STATE OF CALIFORNIA }ss. COUNTY OF Riverside } On l 6 ,� j?j3 , before me, Constance Gorsuch lrsonally appeared Dennis A. Cunningham personally known to me (oi proved to me on the basis of satisfactory evidence) to be the persu,i(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my 112nd and official seal. dry, r Signature U� C24— I 9'Mr""r . 4'-5 j � �E+�saeE9Ja��rr•''�i f (This area for official notarial seal) Title of Document Date of Documeni C Q j No. of Pages Other signatures 4o't acknowledged ��! �/ — _ �14 Illf IIIIII IIII IIIII III II II IIII III IIII II III t7d 1f�(d 50 034 E+3 10Fjfl Firct Amanran Tole ingi ro,,rP C7ni-i r r U[I-gip os>sSURaEIM ID�7- G ,IMRD,,HV IC3C+'tlERI OF A 11IIR1VE177 tlNt3iE0E3ALC OP VC09G C°OVk➢EH OG-4STiVCOSHCl°ARE RRVNVC©CN 00-OE SAFEVV RAPCCro W9VOV VCEOG VHEt. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut,having its principal otiice in the city of Irving,Texas, pursuant to the following resolution,adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 1 Oth day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Ariorney constituting as Attorney-in-Fact,such persons,firms, or corporations as may he selected from time to lime;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, m by the Board of Directors or by the Finance and Executive Committee of the Hoard of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-iact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,'that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any s such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile 9 seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." j Gulf Insurance Company does hereby make, constitute and appoint M1� ] Y] Kenneth Kirk Byron Davidson Kelly Swanson m I W Jennifer Isley Suzan Peterka Deborah Williams its true and lawful aiiorney(s)-in-iact, with full power and authority hereby conferred in its name, place and stead,to sign, execute,acknowledge and deliver in its behalf,as surely, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same e;3ent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IM W 00 a MESS Him, Eiff 9Rsniance Compa ey Goa,,caused HSaase preseMs u®be slyLm U DV any o icoc of Hite Ourmpauy arod 'ids cogjovate°eat '¢o Ce huteto aiffdstal. SURAIVCEC� � GULT HfSS1F,.yrtcE COMPANY/COMPANY� y`ap2i —_ AIL A � �J �pPPORgp� e�?�AIL N o ;,+" �LOf. , 1 . 7 ' `"—'-- del-._� ST A 1 or, PdrGv3tG�TtU �. SS °NEaTj6° eer CC"Ul,,IT V ©I' l TEVN'SC®7u. uecu,8ve Viirence ce tPrasid — ;;veooaflive Q1uce vQesu�deunh On Us'Isf day of©cbqu my, AC 2001, ivei0io me came Urnouce P. lylaitev, imalun to me poosunally who hoing by me rely aeum, d4i depose JeA sari: fund be rosudcs Got the Co only of Corson,State ni Hetv,leosey;On'Ste is the Eaecidive Price Pvesldeu;oiihc OUN Vuusuu'ance Company,tha covpDmUtin r1ascciLed in and ulhich execuiesl toe alueve iuGyemeoil;the'he linoun his soul of said corporaii9n;that Shoo seal atih:0;Go Ohe said hshvPafimts is su ph calpova2e ooa:; that iH cues se affliteoi by ovCey m the Li m'd Oct Dhveciors 0i said cupovaVimi and that Goo:signedl his name,th3icts by We orddec. 0 aa�ineigac r�+ ;7 m .. y� o ArteirF�ra>w-��c��,� STrA`Tl'R 7 htTEHP/i.'�1F�Ii e �l, SS �� t an X _y9 No®my P'Ld He,%Ea oe'New'zork Qaaii5ed,in X[iz sa Coae¢y coevemissiDn Expires Ere7wu my Pe,2003 I,the am]easVg:ned,SeuaiocV90rue RresOlmh.Of iho GUN hoasuyauo;e Company,a CaflnucOicM cullunratIna,00 HEREBY CEo^6d IFY ibau P o%veyaing and affacSoo3 ?C1, 31EP,OF ff1 nNMEV vomains ion hA[Gmme. SU[�NCEC Dated ahe ueny CC ,20 signed Zrod SBaled ntr L,he City®f Hew York. J a`e_�� ti ,[✓:a"%`� George L?tnnenT"I Senior Vice hc'es5,1CFt