HomeMy WebLinkAbout04545 - DESERT SHADOWS SUBDIVISION Cindy Berardi
From: Carol Templeton
Sent: Tuesday, September 14, 2010 5:13 PM
To: Cindy Berardi
Subject: RE: A4545 Desert Shadows
les
;arol Templeton, Engineering Associate
'ity of Palm Springs Engineering Division
)irect(760)323-8253 Ext. 8741
:ax (760) 322-8360 or 322-8325
'lease note new email address:
arol.templeton(ci)palmspringsca.gov
ittp://www.gcode.us/codes/palmsprings/view.php
DOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING
COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM.
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=rom: Cindy Berardi
ient: Tuesday, September 14, 2010 4:52 PM
7o: Carol Templeton
subject: A4545 Desert Shadows
'an the attached Subdivision Imp Agr be closed out? Can you tell I'm combing through old files? Thank you.
__in[lcj�.2jerar-Ji
]e.Futy City ClerL
of the city ClerL
'ity of Palm Springs
'. O. Box 2743
'alm Springs, CA 92262
760)322-8355
indy.Berard i(a�palmspringsca.gov
'lease note the office hours for City Hall are Monday-Thursday 8am-6pm, and we are closed on Fridays.
)lease consider the environment prior to printing this e-mail. Thank you!
�n ci�ni n
Desert Shadows
Subdivision Agreement
AGREEMENT #4545
R20433, 8-7-02
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
DESERT SHADOWS 111, LLP
TABLE OF CONTENTS
1.Construction Obligations........................................................... 1
1.1 Works of Improvement........................................... 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval......................................... 2
1.3 Intent of Plans........................................................ 2
1.4 Survey Monuments................................................ 2
1.5 Performance of Work.............................................. 3
1.6 Changes in the Work.............................................. 3
1.7 Defective Work....................................................... 3
1.8 No Warranty by City............................................... 3
1.9 Authority of the City Engineer................................ 3
1.10 Documents Available at the Site............................ 3
1.11 Inspection............................................:.................. 3
1.12 Compliance with Law............................................. 4
1.13 Suspension of Work............................................... 4
1.14 Final Acceptance of Works of Improvement........... 4
2. Time for Performance....................................................... 5
2.1 Commencement and Completion Dates................. 5
2.2 Phasing Requirements............................................ 5
2.3 Force Majeure......................................................... 5
2.4 Continuous Work.................................................... 6
2.5 Reversion to Acreage.............................................. 6
2.6 Time of the Essence..................................:............. 6
3. Labor.................................................................................. 6
3.1 Labor Standards...................................................... 6
3.2 Nondiscrimination.................................................... 6
3.3 Licensed Contractors.............................................. 7
3.4 Workers' Compensation.......................................... 7
4. Security.............................................................................. 7
4.1 Required Security.................................................... 7
4.2 Form of Security Instruments................................... 8
4.3 Subdivider's Liability................................................. 9
4.4 Letters of Credit....................................................... 9
4.5 Release of Security Instruments.............................. 10
5. Cost of Construction and Provision of Inspection
Service............................................................................... 11
5.1 Subdivider Responsible for All Related Costs of
Construction............................................................ 11
5.2 Payment to City for Cost of Related Inspection
i
and Engineering Services........................................ 11
6. Acceptance of Offers of Dedication................................... 11
7. Warranty of Work.............................................................. 11
8. Default............................................................................... 12
8.1 Remedies Not Exclusive.......................................... 12
8.2 City Right to Perform Work...................................... 12
8.3 Attorney's Fees and Costs....................................... 12
9. Indemnity.......................................................................... 12
10 General Provisions............................................................. 13
10.1 Successors and Assigns......................................... 13
10.2 No Third Party Beneficiaries.................................... 13
10.3 Entire Agreement; Waivers and Amendments....... 13
11. Corporate Authority........................................................... 13
ii
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT(this"Agreement")is entered into
this 14-- day of .r f 2002, by and between the CITY OF PALM
SPRINGS, a municipal corpoPation of the State of California ("CITY"), and DESERT
SHADOWS III, LLP ("Subdivider").
RECITALS
A. Subdivider isthe ownerof, and has obtained approval of a subdivision map for
Tract No. 29988 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
City the easements shown on the Map as Lot(s)"A", "B"AND"C". City desires to accept the
easements shown on the Map as Lot(s)"A", "B"AND"C"for public street and public use for
street and public utility purposes, 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,
domesticwater,sanitary sewer and other improvements(herein sometimes collectively
referred to as the"Works of Improvement"), as the same may be supplemented and
revised from time to time as set forth herein (said plans and specifications, together
with all related documents, are referred to herein as the "Plans"). The estimated
construction cost for the Works of Improvement is $76,674.18.
1
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval.
In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on
the tentative map for the Property. The conditions of approval which have not been
satisfied prior to the date of this Agreement are identified on Exhibit "A" 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 engineerwho 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 priorwritten approval, no change shall be
made by Subdivideror Subdivider's contractor to any plan, specification,orworking 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 engineeror surveyorforthe 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. 21
1.6 Changes in the Work. The City Engineer, wio ut irivalidating 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, orwelfare.The
City Engineershall notify Subdivideror Subdividers 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 Subdivideror its contractor shall be binding on
City unless approved in writing by the City Engineer.
2
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 forthe Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City
makes no representation orwarranty, express or implied,to Subdivider orto 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 thejob
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 thejob site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained
or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider orthe contractor
of anyobligations to fulfill thisAgreement as herein provided,and unsuitable materials
orwork may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Comoliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state,
and local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and
its contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
3
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,Citywill inform the contractor of such items:Afterthe 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 furtherfield 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 nine (9) months 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 tothe 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. Prorto issuance
of building permits, Subdivider shall provide satisfactory evidence that all applicable
requirements that are a condition to issuance of building permits have been satisfied.
Such requirements may include the payment of fees,construction of improvements,or
both.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1,
Subdivider's time for commencement and completion of the Works of Improvement
shall be extended for the period of any enforced delay caused due to circumstances
beyond the control and without the fault of Subdivider, including to the extent
applicable adverse weather conditions,flood, earthquakes, strikers, lockouts, acts or
failures to act of a public agency (including City), required changes to the Scope of
Work required by City, and similar causes; provided, however, that the period of any
enforced delay hereunder shall not include any period longerthan five(5)days priorto
City's receipt of a written notice from Subdivider or its Contractor detailing the grounds
4
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 orwithin 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 Directorof Industrial
Relations of the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee
or prospective employee with respect to such work in hiring, promotion, seniority, or
any other terms and conditions of employment on the grounds of race, creed, color,
national origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Security.
4.1 Required Security.
5
(a) At the time Subdivider executes this Agreement, Subdivider shall
furnish to City the following bonds, letters of credit, instruments of credit
(assignment of deposit account)or other security acceptable to City in its sole
and absolute discretion and satisfying the requirements of the applicable
provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful
performance of all of the Works of Improvement("Faithful Performance
Security Instrument"), in the amount of $76,674.18 estimated
construction costs listed 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
$38,337.09 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
$1.350.00 of the estimated monumentation cost.
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 far a period of one (1) year following said
acceptance ("Maintenance and Warranty Security Instrument"), with the
amount of such Security Instrument to be equal to$19,168.55 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 i0.,the form of bonds,
anysuch 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 byA.M. Best's Company,
Oldwick, NewJersey, 08858.Any bank acting as surety shall have a minimum
rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of
credit, any letter of credit shall be an original separate unconditional,
Irrevocable, negotiable and transferable commercial letterof credit issued by a
financial institution with offices in the State of California acceptable to City. Any
6
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 Cityfrom 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 orfinancial institution
to perform its obligations with respect thereto, Subdivider shall be personally liable for
performance under this Agreement and for payment of the cost of the labor and
materials for the improvements required to be constructed or installed hereby and
shall,within ten(10)days afterwritten demand therefor, deliver to City such substitute
security as City shall require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b),
City shall be entitled to draw on any such letter of credit if a replacement letter
of credit(expiring in not less than one (1) year, unless City agrees to a lesser
term in City's sole and absolute discretion) is not delivered not less than thirty
(30) days prior to the expiration of the original letter of credit, such substitute
letter of credit being in the same amount and having the terms and conditions
7
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
underthe control of the City,with no interest accruing thereon forthe 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 accountto 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
Sectio.1 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 e4iration 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
8
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to Cityfor Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having
its authorized representative make the usual and customary inspections of the Works
of Improvement. In addition, Subdivider shall compensate City for all design, plan
check, evaluating any proposed or agreed-upon changes in the work.The procedures
for deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate
resolution or resolutions accepting all offers of dedication shown on the Map for the
Property, with acceptance to become effective upon completion and acceptance by
City of the Works of Improvement.Such resolution(s)shall authorize the City Clerkto
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 fora 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 otherthan 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 forSubdivider'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 fora period of twenty(20)days after receipt ofwritten 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
9
the Property and perform any of the uncompleted work by force account or contractor
both and thereupon recover from Subdivider or any Security Instrument, or both, the
full cost and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform
any obligation under this Agreement, Subdivider agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit
and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other reliefwhich 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 requires, ents 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 partieswith respect
to all or part of the subject matter hereof, except as may be expressly provided herein.
All waivers of the provisions of this Agreement must be in writing and signed by an
authorized representative of the party to be charged, and all amendments hereto must
be in writing and signed by the appropriate representatives of both parties.
10
11. Corporate Authority.The persons executing this Agreement on behalf of the
parties hereeto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by
so executing this Agreement, such party is formally bound to the provisions of this
Agreement,and(iv)the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
11
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
DATED: d 2,::2Q-,;> —
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Patncia A. San ers, City Clerk David Ready, City-Manager
APPROVED AS TO FORM:
`
�� y 9
'-Gi y A orney
CONTRACTOR: Desert Shadows III, LLP
(Che 3k One:_individual,_X_ partnership
_Corpoyation)..— _
(Notarize Signature) By:'�./ i x? t`•
Steve lyne. General Partner J✓
Print Name and Title ? r
(Notarize Signature) By: f
c
Ray Lovat , General Partner
Print Name and Title
"Subdivider"
Mailing Address:
Desert Shadows III, LLP
1533 North Chaparral Road
Palm Springs, CA 92262
APPROVED BY THE CITY COUNUL
� 20'{E3 22 -7 -6 :.
vs-
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
] ss. z
County of f �91Ad Ir�>t (Jl'e—
I;
I;
On O�C 16-FZO, before me, {�
Date
f
Name and Me of Officer(e .."Jane Doe,Notary Ruble')
"L
e
personally appeared
ctula. ki
a � 1—Names)aFSigner(s)
l�
Xpersonally known to me
J proved to me on the basis of satisfactory
evidence
to be the person whose name's ' /are
subscribed to the within ins1. ent and
acknowledged to me that air /the xecuted
iiIM1,: 4i "G h'. the same in thetr authorized
%j^"' Cornrtssiont 72A13a^ z capaci ies and that y their
f - signature ybn the instrument the person a or
the entity upon behalf of which the persono)
acted, executed the instrumeni.
Wl Slgy hand and official seal.
Place Notary Seal Above of N rally Pubhi, ,I
— --- --- OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document, :I
to
Description of Attached Document
Title or Type of Document: 4
Document Date:_ - __- _Number of Pages
T
Signers) Other Than Named Above:
L;
Capacity(ies) Claimed by Signer
Signer's Name:
Individual � `
Top of thumb here� �'n
Corporate Officer—Tltle(s):
l_� Partner Limited ❑ General h'
Attorney in Fact
_ Trustee I
�1
_. Guardian or Conservator I
— -- 6
-: Other: _ _ I,,•
ry
Signer Is Representing:
Ifi
5� l9W National Notary Assoc aeon•9350 De Sato Ave PO Box 2402-Chat rth,CA 91313-2402 Prod No 5907 Reorder Call Toll Free 1-600.616 6627
EXHIBIT"A"
CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT
STREETS
1. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit.Work shall be allowed according to Resolution 17950-
Restricting Street Work on Major and Secondary Thoroughfares.
2. Submit street improvement plans prepared by a Registered Civil Engineer to
the Engineering Department. The plan(s) shall be approved by the City
Engineer prior to issuance of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, easements,
encroachment agreements/licenses, covenants, reimbursement
agreements, etc. required by these conditions.
INDIAN CANYON DRIVE NORTH
5. Construct an 8 inch curb and gutter, 38 feet WEST of centerline along the
entire frontage,with a 35 foot radius curb return atthe SOUTHEAST corner of
the subject property per City of Palm Springs Standard Drawing No. 200.
6. Remove and reconstruct the NORTH half of an 8 foot cross gutter and
spandrel at the intersection of INDIAN CANYON DRIVE NORTH and
STEVENS ROAD with a flow line parallel to the centerline of INDIAN CANYON
DRIVE NORTH in accordancewith City of Palm Springs Standard Drawing No.
200 and 206. The new design shall meet the existing cross-gutter flow line at
the centerline of Stevens Road.
7. The driveway approach shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum width of 24 feet.
The driveway shall be signed'Employee Only'orsimilarwording to discourage
public use.
8. Construct a minimum 8 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
13
9. Construct a curb ramp meeting current California State Accessibility standards
at the SOUTHEAST corner of the subject property per City of Palm Springs
Std. Dwg. Nos. 212 and 212A.
10. Remove and replace existing pavement with a minimum pavement section of
5 inch asphalt concrete pavement over4 inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, OR equal, from edge of
proposed gutterto clean sawcut edge of pavement along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 110 AND 340.
The pavement section shall be designed, using"R"values, by a licensed Soils
Engineer and submitted to the City Engineer for approval.
PALM CANYON DRIVE NORTH
12. Construct an 8 inch curb and gutter, 38 feet EAST of centerline along the entire
frontage, with a 35 foot radius curb return at the SOUTHWEST corner of the
subject property per City of Palm Springs Standard Drawing No. 200.
13. In accordance with Planning Commission Resolution No. 1503, dated
November 18, 1970, the developer is required to either relocate the existing
palm trees or plant palm trees(14 feet from g,ound to fronds in height)60 feet
apart along the entire frontage of Palm Canyon Drive. All electrical and
irrigation connections shall be relocated as well.
14. Remove and reconstruct the NORTH half of an 8 foot cross gutter and
spandrel at the intersection of PALM CANYON DRIVE NORTH and STEVENS
ROAD with a flow line parallel to the centerline of PALM CANYON DRIVE
NORTH in accordance with City of Palm Springs Standard Drawing No. 200
and 206. The new design shall meet the existing cross-gutter flow line at the
centerline of Stevens Road.
15. Construct a minimum 8 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
16. Construct a curb ramp meeting current California State Accessibility standards
at the SOUTHWEST corner of the subject property per City of Palm Springs
Std. Dwg. Nos. 212 and 212A.
17. Remove and replace existing pavement with a minimum pavement section of
5 inch asphalt concrete pavement over4 inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, OR equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 110 AND 340.
The pavement section shall be designed, using"R"values, by a licensed Soils
Engineer and submitted to the City Engineer for approval.
14
STEVENS ROAD
19. Remove the existing vertical curb and gutter located 3 feet SOUTH of
centerline and replace with 6 inch curb and gutter, located 9 feet NORTH of
centerline EXCEPT for popout sections where curb and gutter shall be located
1 foot north of centerline as shown on Tentative Tract Map 29988 date
stamped 1112/01. Construct a 35 foot radius curb return at the SOUTHEAST
AND SOUTHWEST corners of the subject property per City of Palm Springs
Standard Drawing No. 200.
19A. The street centerline shall be double yellow striped.
20. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum width of 10 feet.
21. The main entry shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 201 and have minimum width of 42 feet.
22. Construct a minimum 5 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
23. Remove and replace existing 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, from
edge of proposed gutter to clean sawcut edge of pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 110
AND 300. The pavement section shall be designed, using "R" values, by a
licensed Soils Engineer and submitted to the City Engineer for approval.
GRADING
27. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide
and 6" deep - to keep nuisance water from entering the public streets,
roadways, or gutters.
28. In accordance with City of Palm Springs Municipal Code, Section 8.50.00,the
developer shall post with the City a cash bond of two thousand dollars
($2,000.00)peracre formitigation measures of erosion/blowsand relating to his
property and development.
30. Contact the Building Department to get PM 10 requirements priorto request for
grading permit.
GENERAL
15
42. 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 Standard Drawing No.203.
43. All proposed trees within the public right-of-way and within 10feetofthe public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Engineering specifications.
TRAFFIC
47. 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 developershall provide samethrough 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 INDIAN CANYON DRIVE NORTH, PALM
CANYON DRIVE NORTH and STEVENS ROAD frontages of the subject
property.
48. Construction signing, lighting and barricading shall be provided for on all
projects as required by City Standards or as directed by the City Engineer.As
a minimum, all construction signing, lighting and barricading shall be in
accordance with State of California, Department of Transportation, "MANUAL
OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE
WORK ZONES" dated 1996, or subsequent additions in force at the time of
construction.
EXHIBIT "A"
TO SUBDIVISION IMPROVEMENT AGREEMENT
16
Executed in Four: (4) .,Counterparts - Bond No. BE2616967
Premium: $1,533.00
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
DesertNSHhFa as Srit�.c City Council of the City of Palm Springs, State of California, and
a California Limited Partnership (herein designated as "Principal") have entered
into an agreement whereby Principal agrees to install and complete certain designated public.
improvements, which said agreement, dated Maw 16 , 20p2 and identified as project%/C;7`��
(Desert Shadows ITO , 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 unho the Cit of Palm Springs, (hereinafter called "City"), in the penal
Seventy Six T ousan ix Hundred
sum of -Sevenpy Four and ls�l 0 {dollars ($76,674.]8) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs,
its officers, agents and employees, as therein stipulated, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
Page 1 of 2
Faithful Performance Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on Ju_ lye ; 2002
Desert Shadows III, T
a California Limited Partnership Gulf Insurance Company
Principal Surety
i
By: ,-- cam By: � ��c I.4f4L�.
r
a Attorney-in-Fact Richard Adair
- j?-A?1FionVO
Page 2 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On . July 2, 2002 before me, P. Bauer, Notary Public
Pate Name and Title of Cfl,cer(a.g„'Jana Pee,Notary Publb-) '
personally appeared Richard Adair .
Name(a)of Blgnm(s) '
CXpersonally 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,
P'BAUER executed the instrument.
GxxnKL,,Vm M I IfY&STKI
-.. - MGh.7�Pubrc-Q:Otlfmria
Los Angeles(=oxlftt WITNESS my hand and official seal.
4A/C:cr+rrn.Er{?iR�Aa�Y4:3.ie
�1 5 goal a of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association 1 8236 fiemmal Ave..P.O.Sax 71M•Canoga Pont.CA 91309.7184 Prot.No.5907 Reorder,Call Tall-Free 1.800-876-6827
State of California )
)ss.
County of Riverside )
On ( �/ a�, aO�� before me, Carrie Rovnev,Notary Public
Dale Name and Title of Officer
personally appeared D---A L Lovato
Name(s)of Signer(s)
(3 licisonally known to in
® proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/-=subscribed to the
within instrument and acknowledgment to me that
CARRIE ROVNEY he/she/they executed the salve in hisfher/their authorized
Commission S 1348457 capacity(ies), and that by hisfherkheir signatures(s)on the
Notary Public-California instrument (�,ument the erson or the entity upon behalf of which
Riverside County P Fires Mar26,2po8 the person(s)acted, executed the instrument.
WITNESS my hand and official seal
�C�iUI��GL¢ra i
�ofNalay-P
State of California )
)ss.
County of Riverside )
On 7 Ic/ a3 ao0 before me, Carrie Rovnev, Notary Public
Dale Name and Title of Officer
personally appeared Stephen Pavne
Name(s)of Signer(s)
® proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) isfare subscribed to the
within instrument and acknowledgment to me that
he/ahekhey executed the same in his/herkheir authorized
Commission
ROVNEY
Commissioio n i 1348457 z capacity(ies), and that by hisfherftheir signatures(s)on the
i Notary Public-California > instrument the person(s),or the entity upon behalf of which
Riverside County the person(s)acted, executed the instrument.
%MyComm.ExpiresKbr26,20D5
WITNESS my hand and official seal
l / � —L�
'--5ig iui:e olary Pub 'c
Executed in Pour (4) Counterparts Bond No. BE2616967
Premium: Included in
CITY OF PALM SPRINGS Performance Bond
LABOR AND MATERIALS BOND
4HF�REAIS trhe City Council of the City of Palm Springs, State of California, and
Desert ha owsRE Ii,
n Califn ,,;a T.;mi ed Partnership (hereinafter designated as "Principal") have entered
into an agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated May 16 , 20LR and identified as project -�VV83
(Desert Shadows III) 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 1.5 (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 pely�rmanc ofhthgf aforesadra ree�en an�
Q�tirty Sig t Ho u a h e ur} r 8 T
referred to in the aforesaid Civil Code in the sum of Thirty Seven and �9�100 0 lars l 3s,337.09)
r O,
for materials furnished or labor thereon of any kind, or for amouSL ntsL.�'ue under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
Page 1 of 2
I (�
1
Labor and Materials Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on_JulyT , 2002
Desert Shadows III,
a California Limited Partnership Gulf Insurance Company
Principal Surety
By: By:
F �!I playel j // : Attorney-in-Fact Richard Adair
Page 2 of 2
-CALIFORNIA .ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On .July 2, 2002 before me, P. Bauer, Notary Public
Date Name and Tiile of Ofter(e.g.,'Jere Doe,Notary PUCIic')
personally appeared Richard Adair .
Names)of 5igner(s)
(Xpersonally 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 hislhedtheir 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,
R EIMER executed the instrument.
cexnfY*ss1w# 939a5M
4otary Public-7 onforrirA
LOSArK,6MCr > WITNESS my hand and official seal.
'a ad,erlkE
A3yCravm.F
�A
Signature al Notary Pubbo
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document .
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Ttle(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thump here
Signer Is Representing: Signer Is Representing:
�Lj
O 1994 Nailonal Notary Associallon•8206 Rommel Ave.,P.O.Soo 71U•Canaga Park,CA 91309M 84 Pmd.No.E907 Rz ,r er.Call TOII-F,"i Soo-676.6827
GULF INSURANCE COMPANY
MqW ST. LOUIS, MISSOURI
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf lrssur <e
Compary a rnrporauon duly orguvxcd under the laws of use Stare of Maaaurl.
h 1ng la principal ortice In dx ots, of IrHng.Tezu,purwanr to the (allowing
nox,waon, ,dopted by the Ftnan<e & Ea uc Con,mrrree or u,e Bd of
Dtreaors a!Ux and Company on tho 10m day of August 1993,to wu:
"RESOLVED, that tho Pnoident Exec au.e Vioe ProuOoOt or any Senor Vee
Pre+dent of the Company shall ha, the a.[u,orlty to rtvke,. .te and aeu.er a
Pow of Aao,r y conxumung as Acssss a -in-Foos, such pofsons. ❑nno. or
corporauo,a as may be xIM"_ from dme w ume;and any such AnOnnoy-In-Fall
may t< remo.ed and the autheruy granted him rewked by the Preslderu.dr any
Fa. U„ Vloe Pnoudenr.or any SenlarVlce Prctdent of by the Board of Directors
or by the Ftnance and Eaecuuw Committee of the Board of Directors.
RESOLVED,tut nothing In uhls Puw ,of Anor[sry,shall b comrrued..grant
of ...Nursty m the .¢orney(xi-In-la¢ to sign. execum ackno (e Se deliw or
ouaerwtxe 1.o . Policy or poheie of insurance on bwlr or Gulf Iruu .
Comps y"
Gulf Iruumnoe Company do hereby make.corsucure and appoint
RICHARD ADAIR R. LANCE ADAIR
GAIL KELCH PATRICIA L. ROWLEY
of Woodland Hills, in the State of California
Inne and Uwful a.omey(rl-In-fart.wnh full pow and aumn o [y hereby onlet'red In is na e,place and stead,to ,g..a u[e acknowledge antl dabwr s heh ill as
rnyany end all bonds aM undertakings of suretyship,and to brad Gulf Inwrance Company thereby fully and td tho% , t, s 1! any bonds, uneu'un,nls a
doeumenu felazmg [a such bonds and/or underok..,,w xrgned by the duly aulhorleed offine,of the Gulf Imurance Company and`J'he e,s of vid ut uy(s)-,n-fac[h.
tours......me au[hora,here,n gn.en,are hereby radbed and canfvmed.
The obLga[ron of me Company shall no,execed f ive million--------------------------------( 5,000,000.00----
IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of(lie Company and its Corporate Seal to
be hereto affixed. s E0 GULF INSURANCE COMPANY
d nANa
e aNPogs °.4
a
SEAL
STATE OF-NEW YORK SS ssota 9L,"rCnce P. Minitcr
COUNTY OF NEWYORK I ExecutivcVice President
On this 25 tit day of July Z000 A.D.,before me came Lawrence P. Minitcr,known to me personally who beta,
by me duly sworn,did depose and say;that he resides in the County of Bergen.Slate of New Jersey; that the is the Eoecutive Vice President of the Gulf
Insurance Company, the corporation described in and which executed the above instrument; that lie knows the seal of said corporation; that the seal
affixed to die said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that Le signed his,.
name.thereto by like order.
P.I\O J,gFF
ah r Da Jai/ra
STATE OF NEW PORK yF."o(lBtef'� Notary Public.Slate of New York
SS OF NEN No.OZIA4958634
COUNTY OF NEW YORK Q..[Mcd in Kings County
Coounissidn Expires December 30.Z001
1. the undersigned, Senior Vice Prtstdent of the Gulf Insurance Company. a Missouri Corporation. DO HEREBY CERTIFY that the fc,egouig and
attached POWER OP ATTORNEY remains in lull
Signed and Sealed at she City of New York. s"5onei,cp.t,,\ Dated (he 2na. d1)r OL .TllJ-y , Z002
y VapFOF�T fi`j ._
°'iss cum r _ George. 6iancardi
_ Senior Vice. President
State of California )
)ss.
County of Riverside )
On I(1 �C? before me, Carrie Rovnev,Notary Public
Date Name and Title of Officer
personally appeared_ Raviriond L. Lovato
Narne(s)of Signer(s)
® proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)isfare subscribed to the
within instrument and acknowledgment to me that
t.l,R lionIE #1 454 h executed the same in his"fhcr'theierf ffirc'r authorized
Commission i 1348457 efshefthep
@My
Notary Public-California capacity(ies), and that by hisfherftheir signatures(s)on the
Riverside County instrument the person(s),or the entity upon behalf of which
,Comm.E)#m F&r25'20DO the person(s)acted, executed the instrument.
WITNESS my hand and official seal
e: tare-aFNota ut,
State of California )
)ss.
County of Riverside )
On Iv(g r2, i (90D,;L— before me, _ Carrie Rovnev,Notary Public
D eat Namc and Title of Officer
personally appeared Stephen Pavne
Name(s)of SiDner(s)
® proved to me on the basis of satisfactory evidence
to be the person(s) whose nanie(s) isfare subscribed to the
within instrument and acknowledgment to me that
he/shefthey executed the same in ]ism/hen'therr' `c authorized
CARRIE ROVNEY capacity(ies), and that by hisflrerffheir signatures(s)on the
1 Commissiun C 1348457 1 instrument the person(s),or the entity upon behalf of which
Notary Public-California the erson acted, executed the instrument.
Riverside County P
;&MyCornm.Bofw Mar26,2800
WITNESS my hand and official seal
-" _
—1e rrlur�ef_M tary Publr
77,
Executed in Four (4) Counterparts Bond No. BE2616968
Premium: $200.00
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
FOR SETTING OF MONUMENTS
WIhI F� S the City Council of the City,of Palm Springs, State of California, and
Desert S a ows III
a r a l;Fnrn i a r ;m;to d PgrtJ,.r ,;,, (hereinafter`designated as "Principal") have entered into or
are about to enter into, an agreement whereby Principal agrees to set certain survey monuments,
(Desert
said agreement, dated May 16 , 200�.and identified as Project �?l`78�5'
(Desert Shadows 4is 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 or monuments, in the penal sum of
Onftyhnnj on.lonee Hundred DOLLARS ($1,350.00 ), 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
Page 1 of 2
1,
to the City evidence that the engineer or surveyor, and all said contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement
with respect to the setting of monuments, have been paid for the setting of monuments, then this
obligation becomes null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety
above named, on July 2 2002
Desert Shadows III, an Gulf Insurance Company
a California Limited Partnership p y
Principal Surety
By: By: ✓d���/ L✓t✓l�f -
/+ Richard Adair
/f/'' A6ni y-in-Fact
{�
eng\forms\L nlunmi.biul
Page 2 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On July 2, 2002 before me, P. Bauer, Notary Public
Data Name end title of Officer(e.g..`Jane D..Nolary Public')
personally appeared Richard Adair _
Name(s)of Signer(s) '
❑Cpersonally known to 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),
n R&LIER � or the entity upon behalf of which the person(s) acted,
Orxnrc+'rR n t9935'7LY C executed the instrument.
adotGry F -C.aynVf t
LOS" ngoutCW'+aY WITNESS my hand and official seal.
gayCsrvttn.i�T��9Y5, .
S goal -of°Watery Publk
OP,710NAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—El Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator ,
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
O 1994 Nalional Notary Aasocellon 1 8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309.718< Prod.No.5907 Reorder..Call Toll-Rree 1.806576.6827 -
GULF INSURANCE COMPANY
4w ST. LOUIS, MISSOURI
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS: Thal the Gu0 L,t.u=,ee
Company.a oar-praradan duty organia<d under rho law= ar doe Slate a Mtasbu".
hating Irs principal olrc In the city of IrHng.Tes a.purnran i so the fouowing
rcaluuan, aal.,s d by the Finance & Exea,dw Commsam of the Board of
Dlr°ctors of uie said Company on the 10u,day of August,1993,to wit:
'RESOLVED, that me Prealden[. Exe Ul V11 Proaderti or any Senlec Ved -
Prmdent be the Company sl+au h d,e aurhofity m main...te and douKf a
Power of Attorney e.ruutuung as Attorney-In-Fa arcs persons. firms, or
corperauaru as may b se e iecred from time to ume,and any vuh Avow, y-ln-F—
may be renaaKd ar,, the auuwriry granted him re.aked by the Pneldese.ar any
Ex U,VI«Pi,siden[,or any SenlorVlee Pres,edl or by use Board of Directors
or by u,e Finance and Ex bau Commlaee of use Board a Din.<[an.
RESOLVED,uue nothing in thu Power of Attorney ahall be conarrued as a gran,
of authority m the uwmey(a)-In-fatt to sign, eaxuta •cknouiedge,delh-r or
a rherwtu_ta ua ut a polity or podeles of lrudee on bona. of G nuu if I .
Comparty,
Golf Insuance Company dots hereby nooks.consueute and appoinr
RICHARD ADAIR R. LANCE ADAIR
GAIL KELCH PATRICIA L. ROWLEY
of Woodland Hills, in the State of California
Iis I ire arad lawful alto,ney(x)-In-racy,w¢h full power and aurhonry hereby confeaed In its n.rne.place and lead.I. sign,exec.1, .knowledge and dclrver . . bch,ll a
rely,any and all bonds and undertakings of suretyship,and to b,nd Gulf Insurance Company thereby as fully and to the same extonr as if any bonds,mdn uwvuv a va
documents relating to such bonds and/or undero,k-gv -e,e ugn<d by rare duly au[hor¢ed offer of the Gulr lmurance Company and .,l five ...s or said ail !Q,b)-in-face.
pursuant to me aulhonry herein given,are hereby rau Ged and .nuf med.
The obugauon of tie Company znall no[exceed five million--------------------------------I$5,000,000.00----1 dOi,Jars
IN WITNESS WHEREOF,the Gulf Insurance Company has ousel these presents to be signed by any officer of the Company and its Corporate Scal to
be hereto affixed. "P.NCFc GULF INSURANCE COMPANY
° SEAL
-STATE OF-NEW YORK rssod
SS Lawrcncc P. Atinitcr
COUNTY OF NEWYORK I ExecuGvcVice President
On this 25 th day of July Z000 A.D.,before me came Lawrence P. Miniter,known to me personally wlio bein
by me duly swrn,did depose and ay;that he resides in the County of Bergen,State of New Jersey; that lie is the Executive Vice President of the Gulf
Insurance Company, the corporation described in and which executed the above ir¢Wmenl; that he knows the seal of said corporation; that (lie scat
affixed to the saidinstruments
itruments is such corporate seal;that it was so alhacd by order of the Board of Directors of said corporation and that Ito signed his..
name,thereto by like order.
N Y Da Ja l'a
q O Notary Public,State of New 1urk
STATE OF NEW YORK SS p P No.OZJA495SG34
COUNTY OF NEW YORK of N Qualified in Kings County
Conunsssian Cxpires Decc ntbe,30.2001
1. the uridersi,ned, Senior Vice President of the Gulf Insurance Company. a Missouri Corporation, DO HEREBY CERTIFY (flat (lie farn;mng mid
attached POWER OF ATTORNEY remains in full farce.
Signed and Sesied the City of NewYark. zonnncr° - . Dated (lie 2nd day of July . ZO02
� OOPPORae Of� - �,
SEAL )
4r550U� George Bia icardi
Soniar Vicc President
State of California )
)ss.
County of Riverside )
On JU14 9a,dM0— before me, Carrie Rovnev,Notary Public
Date Name and Title of Officer
personally appeared Rnymond T. Lovato
Nante(s)of Signer(s)
® proved to me on the basis of satisfactory evidence
to be the person(s)whose name(a) isf=subscribed to the
within instrument and acknowledgment to me that
he/shekhey executed the same in his,%erkheii authorized
CABBIE ROVNEY
7 Commission/VNEY 7 capacity(ids), and that by Uisf♦ter/their signatures(g)on the
..�, Notary Public-California instrument the person(s),or the entity upon behalf of which
Riverside County the persons)acted, executed the instrument.
My Comm.Expires Mar26,2W6
WITNESS my hand and official seal
Sienature of Notary Public
State of California )
)ss.
County of Riverside )
On J L ( 013 00O� before me, Carrie Rovnev. Notary Public
Date Name and Title of Officer
personally appeared Stephen Pa v re
Name(s)of Signer(s)
® proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) isfare subscribed to the
within instrument and acknowledgment to me that
�+�+�- hefshekhey executed the same in hisfherftkeir authorized
CARRIE ROVNEY capacity(tes), and that by hisfherftheir signatures(s)on the
r;� Commission¢1348457 instrument the person(s),or the entity upon behalf of which
z -.� Notary Public-Califomia y
] Riverside County the person(s)acted, executed the instrument.
Q My Comm.Expires Mar26,2006
WITNESS my hand and official seal'P
- Siwp of Notary Pub c