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HomeMy WebLinkAboutA4543 - HEAVENSTONE COLLECTIONS DEVELOPER PARTICIPATION TM30453 PD266 Heavenstone Collections Developer Participation Agr CITY OF PALM SPRINGS AGREEMENT #4543 M07134, 7-31-02 INDIAN CANYON DRIVE AND ALEJO ROAD - DEVELOPER PARTICIPATION AGREEMENT THIS IMPR VEMENT AGREEMENT (herein "Agreement") is made and entered into this e ""day of 2002, by and between the CITY OF PALM SPRINGS, a municipal corporation, (he in " y") and The Heavenstone Collections, LLC, a California Limited Liability Company (herein "Contractor"). WHEREAS, Indian Canyon Drive and Alejo Road are designated major thoroughfares, designated on the City of Palm Springs General Plan; and WHEREAS, Indian Canyon Drive and Alejo Road are located adjacent to residential property owned and developed, or to be developed, by Contractor; and WHEREAS, Indian Canyon Drive and Alejo Road are not constructed to the full width required by the City of Palm Springs General Plan in the area adjacent to the residential property owned and developed, or to be developed, by Contractor; and WHEREAS, as a condition of approval of Tentative Tract Map 30453 and Planned Development District (PD-266) for a six lot multi-family residential complex located on the property owned by Contractor and to be developed by Contractor, Contractor is obligated to construct, or provide for the construction of specified improvements to Indian Canyon Drive and Alejo Road; and WHEREAS, for the benefit, in part of Tentative Tract Map 30453 and PD-266, the City has initiated City Project 00-35 to construct the portions of Indian Canyon Drive and Alejo Road adjacent to the residential property owned and developed, or to be developed, by Contractor; and WHEREAS, in order to fulfill its obligation to construct, or provide for the construction of specified improvements of Indian Canyon Drive and Alejo Road, Contractor has agreed, and hereby agrees to provide payment to the City for the full costs of constructing the Indian Canyon Drive and Alejo Road street improvements to which Contractor is obligated as specified in Tentative Tract Map 30453 and PD-266 and related City Planning documents, as well as pay a construction management and inspection fee; and WHEREAS, in order to fulfill its obligation to construct, or provide for the construction of specified improvements to Indian Canyon Drive and Alejo Road, Contractor agrees that all payments to which Contractor is obligated, as specified in this Agreement, shall be made in one lump sum in advance of the execution of the Contract awarded to the prevailing bidder as determined by the City; and WHEREAS, Contractor agrees that the determination and selection of the prevailing bidder shall be at the sole and exclusive determination of the City; and NOW, THEREFORE, the parties agree as follows: il!uU1 LIALu 1032/014084-0001 CONTRACT SVCS AGR 94704.02 a08/UM -1 of 13- WITH 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform its obligations as set forth in the "Scope of Services" attached hereto asExhibit "A" and incorporated herein by reference. Contractor warrants that its obligations set forth in the Scope of Services will be performed in a timely and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Compliance With Conditions of Approval. City acknowledges that Contractor's performance hereunder is in lieu of Contractor constructing the Indian Canyon Drive and Alejo Road improvements in connection with Contractor's development of the Contractor's Property, and completely and fully satisfies Contractor's obligation related to the Indian Canyon Drive and Alejo Road improvements thereof included in the Conditions of Approval for Tentative Tract Map 30453 and PD-266, except as otherwise provided in this Agreement. 1.4 Self-Help. In the event the construction bid prices for Bid Schedule B exceed the amount Contractor has reasonably budgeted for its own purposes for construction of the Indian Canyon Drive and Alejo Road improvements by its own independent construction contractor, Contractor shall have the right to exclude as part of its obligation hereunder in this Agreement the payment for costs associated with Bid Schedule B. In the event Contractor exercises its right herein, the City shall limit its award of a construction contract to Bid Schedule A, and the Contractor shall continue to be bound by the obligations for payment of costs thereof related to Bid Schedule A. Should Contractor elect to exercise its right under this Section 1.4 to complete the Indian Canyon Drive and Alejo Road improvements using its own construction contractor, the provisions of Section 1.3 shall not apply and Contractor shall be required to complete such improvements as required under the Conditions of Approval for Tentative Tract Map 30453 and PD-266. Such improvements shall be constructed by Contractor to the City's satisfaction. 2.0 ADVANCE PAYMENT TO CITY: SUM 2.1 Agreement Sum. As set forth in Exhibit "A", Contractor agrees that it shall pay the City the total sum of twenty-five percent (25%) of Bid Item 25 of Bid Schedule A and one hundred percent (100%) of Bid Schedule B, as determined by reference to the Bid Schedules of the Bid Documents for City Project 00-35 (attached hereto as Exhibit "C"), submitted by the lowest, responsive prevailing bidder, as determined and accepted by the City; and shall pay an appropriate Management Fee, in accordance with Exhibit "A". In the event the provisions of Section 1.4, "Self-Help", are exercised by Contractor, the Contractor agrees that it shall pay the City the total sum of twenty- five percent (25%) of Bid Item 25 of Bid Schedule A, and shall pay an appropriate Management 1032/014084-0001 CONTRACT SVCS AGR 84704.02 a08n2/02 -2 of 13- WITH Fee, in accordance with Exhibit "A". The Agreement Sum shall be subject to modifications for City-approved change orders in accordance with Exhibit "A". The method and timing of the payment amount is discussed and set forth inExhibits "A" and "B". 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Mark Temple, Manager of Palm Springs Canyon Gate, LLC, a Managing Member of Contractor, is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the obligations specified herein and make all decisions in connection therewith. 3.2 Contract Officer. The City Engineer is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the obligations required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 4.0 TERM 4.1 Term. Unless earlier terminated in accordance with Section 4.2 below, this Agreement shall continue in full force and effect until the completion of the construction of improvements to portions of Indian Canyon Drive and Alejo Road that are the subject of Bid Item 25 of Bid Schedule A and Bid Schedule B. 4.2 Termination. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of the Contractor, the period of notice may be a shorter time as may be determined by the Contract Officer. In the event of termination by the City, the City shall be entitled to retain only that portion of the advance payment covering the value of the work product actually completed at the time of the effective date of termination. In the event of termination without cause pursuant to this section, the City need not provide the non-terminating party with any opportunity to cure. 1032/014084-0001 CONTRACT SVCS AGR 84704,02 a08/12/02 -3 of 13- WITH_ J 5.0 MISCELLANEOUS 5.1 Covenant Against Discrimination Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 5.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 5.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 5.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the caseof the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, CA 92263-2743, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 5.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 5.6 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement with the exception of City land use and planning documents relating to Tentative Tract Map 30453 and PD-266. Such City planning documents may be used to determine the scope of Contractor's obligations and are hereby incorporated by 1032/014084-0001 CONTRACJ SVCS AGR 84704.02 a08n2i02 -4 of 13- WITH i —'I reference for that limited purpose. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 5.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 5.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 5.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 5.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) 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 this Agreement does not violate any provision of any other Agreement to which said party is bound. [END—SIGNATURE PAGE FOLLOWS] 1032/014084-0001 CONTRACT SVCS AGR 84704.02 aoanz/oz -5 of 13- WITH 08/10/2002 14:17 FAX BURKE, WILLIAM a 002 AUG-13-2m TUE 03;43 PM CITY OF PALM SPRINGS FAX NO. 760 322 $325 P. 07/15 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first wrltten above. CITY: CITY OF PALM SPRINGS, a municipal corporation City Manager ATTEST; City Clerk APPR, Vcbl Eb AS TO aRM: — City Attorney CONTRACTOR: The Weayenstane Collection,,LLC By: Palm Springs Canyon Gate. LLCM Managi g JNember of CPP&qr B arc ark 7emal® �ana9er Address; 707 East Tahoultz Canyon Way, Palm Spin-as, CA 92262 Tel:f760 323,6310 [END of SIGNATURES] I'J CONTRA SV�AGR -6 of - � wrrtr ' 14701,01301126102 � �/� IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF PALM SPRINGS, a municipal corporation City Manager E T. �I y Clerk APPROVED AS TO FORM: City Attorney CONTRACTOR: The Heavenstone Collections, LLC By: Palm Springs Canyon Gate, LLC, Managing Member of CQAt-actor B .. � /�Na ee-' ark Temple �-it f Manager Address: 707 East Tahquitz Canyon Way Palm Springs CA 92262 Tel: (760) 323-5310 [END OF SIGNATURES] wa,R.fO nnp7 e� ��:1Ryert AI'r"rPURUVt_D 16 tl TKi" YsVLJJ➢ti W 7r 1032/014084-0001 I -. CONTRACT SVCS AGR 84704 02.07/26/02 -6 ofk WITH EXHIBIT "A" SCOPE OF SERVICES 1. The Project: The project consists of those improvements to Indian Canyon Drive and Alejo Road required to be constructed by Contractor as specified in Tentative Tract Map 30453 and PD-266. The required improvements include, but are not limited to, removal of existing curb, gutter, sidewalk, catch basin, asphalt concrete pavement, and traffic signal and lighting facilities; and construction of curb, gutter, sidewalk, catch basin and storm drainage improvements, driveway approach, asphalt concrete paving, and installation of traffic signal and lighting facilities for the portion of Indian Canyon Drive and Alejo Road that is adjacent to the Contractor's development which is the subject of Tentative Tract Map 30453 and PD-266. 2. City to Obtain Bids for the Project: For the purpose of determining the cost of the improvements required to be paid by Contractor, the City shall advertise the project with Bid Schedule A and Bid Schedule B. Bid Item 25 of Bid Schedule A represents one hundred percent (100%) of the modification and relocation of the existing traffic signal and lighting facilities at the intersection of Indian Canyon Drive and Alejo Road, of which twenty-five percent (25%) represents the Contractor's obligated portion as set forth in Tentative Tract Map 30453 and PD-266. Bid Schedule B represents one hundred percent (100%) of the construction of Indian Canyon Drive and Alejo Road street improvements, all of which are the Contractor's obligation as set forth in Tentative Tract Map 30453 and PD-266. 3. Contractor Obligated to Pay its Construction Costs: To fulfill its obligations to construct or provide for the construction of the specified Indian Canyon Drive and Alejo Road improvements, Contractor shall pay the City construction costs equal to the total sum of twenty-five percent (25%) of Bid Item 25 of Bid Schedule A and one hundred percent (100%) of Bid Schedule B, as bid by the lowest responsive bidder accepted by the City. In the event the provisions of Section 1.4, "Self-Help", are exercised by Contractor, the Contractor shall only pay the City construction costs equal to twenty-five percent (25%) of Bid Item 25 of Bid Schedule A. This payment shall be made in accordance with the schedule of payment set forth in Exhibit"B". 4. Contractor Obligated to Pay Management Fee: In addition to the payment obligation specified in Section 3 of Exhibit "A", Contractor shall pay a management and construction inspection fee equal to ten percent (10%) of the total sum of twenty-five percent (26%) of Bid Item 25 of Bid Schedule A and one hundred percent (100%) of Bid Schedule B, as determined by referencing the bids accepted by the City. In the event the provisions of Section 1.4, "Self-Help", are exercised by Contractor, the Contractor shall only pay a management and construction inspection fee equal to ten percent (10%) of twenty-five percent (25%) of Bid Item 25 of Bid Schedule A. EXHIBIT"A" (Page 1 of 2) 1032/014084-0001 TO CONTRACT SVCS AGR 94704.02 a07/31/02 -7 of 13- WITH EXHIBIT "A" SCOPE OF SERVICES 5. Change Orders: The City may make any change order to the specifications of the Project as may be necessary from time-to-time to complete the Project, and any costs therefore shall be payable by Contractor and shall be made in accordance with the schedule of payment set forth in Exhibit "B". Any City authorized change order shall require prior written notice by City to Contractor's representative. After Contractor's receipt of such notice and unless waived by Contractor, City and Contractor shall meet to discuss any proposed change order. Contractor shall be entitled to review the proposed change orders, including any plans therefore prior to the City's approval of the change order. EXHIBIT"A"(Page 2 of 2) 1032/014084-0001 TO CONTRACT SVCS AGR 84704.02 a07/31/02 -8 of 13- WITH EXHIBIT "B" SCHEDULE OF PAYMENT 1. Contractor Obligated to Make a Single Advance Payment: Once the City has selected a general construction contractor (following the bid process) to construct the Indian Canyon Drive and Alejo Road improvements, the City shall notify the Contractor in writing of the Contractor's obligated costs, as specified in Sections 3 and 4 ofExhibit "A". Within 5 calendar days following the receipt of such notice, Contractor shall provide a single lump sum payment in accordance with the requirements of Exhibit "A". 2. Change Orders: Any additional costs payable by Contractor as a result of any City authorized change order shall be paid by Contractor to City within 5 calendar days of the City's approval of such change order in accordance with the requirements of Exhibit "A". EXHIBIT"B"(Page 1 of 1) 1032/014084-0001 TO CONTRACT SVCS AGR 84704.02 a07/31/02 -9 of 13- WITH CAr111311 6 BID SCHEDULE A Schedule of Prices for the Construction of the: INDIAN CANYON DRIVE TWO-WAY MODIFICATION CITY PROJECT NO. 00-35 in Palm Springs, California Ibm Dualptlon Eatimatad Unit Unit Amount No. Quantity Pd.. 1. Initial Mobilization --- LS $15.000.00 2. Traffic Control -- - LS $ -7r 500 • ex) 3. Remove Existing A.C. Pavement 19,000 SF $ I,2� $ 23 —75-19,co 4. Remove Existing P.C.C. Curb &Gutter 900 LF $ Z,s© $ '2L, -2�v-(o Remove Existing P.C.C. Curb Return, & / 5. Spandrel 500 SF $�,� $ 1 r Q7s. QQ 6. Remove Existing P.C.C. Cross-Gutter 900 SF 7. Remove Existing P.C.C. Driveway Approach 850 SF $ I1 r B. Remove Existing P.C.C. Sidewalk 1,000 SF $� 2 S` $ 9. Grind &Overlay A.C. Pavement 2,000 SF $2 arC� $ S Coo. 00 10. Construct 2'h" A.C. Pavement 2,200 SF 7J� tj 2C7.00 11. Construct 5" A.C. Pavement 6,800 SF $ 'Z,'Z0 $ 460,Q() 12. Construct 4" Crushed Miscellaneous Base 9,000 SF $ /, OD $ q7 000.00 13. Construct 6" Curb with 6"Gutter 240 LF $ r6,p0 $ ,j 6co,m 14. Construct Type A1-6 Curb 1,600 LF V'Z -S-D 15. Construct Type A2-6 Curb &Gutter 275 LF $ 5._75' 16. Construct Type A2-8 Curb &Gutter 15 LF $ Z/.'Zs $ , 7C 17. Construct Colored Type A Access Ramp 3 EA 7, O.00 18. Construct 8" P.C.C. Cross-Gutter 650 SF $ 4-10 Na a dV Bidder or Firm EXHIBIT"C"(Page I of 4) 1032/014084-0001 TO CONTRACT SVCS AGR 84704.02 a07/31/02 -10 of 13- WITH EXHIBIT "Cr BID SCHEDULE A (Continued) INDIAN CANYON DRIVE TWO-WAY MODIFICATION CITY PROJECT NO. 00-35 It.. Description 6tio a.d Unit Unit Amount No. Quantity Mo. 19. Construct Type D-1 Cross-Gutter 125 LF s172 ,00 $ 21 SGo,oo 20. Construct Colored P.C.C. Sidewalk 4,000 SF $ 4.75 21. Construct Curb Return &Spandrel 400 SF $_ffjp $ 4 76D,co 22. Construct 6" Stamped P.C.C. Pavement 1,500 SF $ 67 $23 7S,Oa 23. Construct 6" Colored P.C.C. Pavement 600 SF $ 7.9-0 $A-5—Do 24. Adjust Manhole to Grade 1 EA $�2$-00 $ �p Z�j-,OD 25 Indian Canyon Drive at Alejo Road Traffic Signal --- LS $ (� S Modification 26 Palm Canyon Drive at Alejo Road Traffic Signal --- LS Modification $�l7�.00 Palm Canyon Drive at Granvia Valmonte Traffic 27' Signal & lighting System --- LS $ b.7,, �7y &rn 28. Traffic Striping, Signage &Markings --- LS $ 2;51000. dO 29. Irrigation System --- LS $ /a! 75'n. GO 30. Landscaping --- LS $ k04 oJb ,00 31. 30-Day Maintenance Period LS TOTAL OF ALL ITEMS OF BID SCHEDULE A: S {o�Zy09O . T0 (Pdm In 6pures] r �kou5euJ time, IPdc.In words] QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. v8 x 41. . Name of Bidder or Firm EXHIBIT"C"(Page 2 of 4) [03210TO CONTRACT SVCS AGR 4704. 2&070001 -11 of 13- WITH 84704.02 a07/31/02 EXHIBIT "C" ADDITIVE BID SCHEDULE B Indian Canyon Drive and Alejo Road Street Improvements Tentative Tract Map 30453 and PD-266 Ram Description Estimated Unit Unit Amount No. Quantity No@ 1. Remove Existing A.C. Pavement 2,150 SF $ 2'-z�o S l R;l op 2. Remove Existing P.C.C. Curb & Gutter 252 LF $ 7r,0-0 $ l(0,op 3. Remove Existing P.C.C. Cross-Gutter 320 SF $ �. v© $ b ('00,Oct 4. Remove Existing P.C.C. Sidewalk 240 SF $ O $ d 6.00 5. Remove Existing A.C. Dike 97 LF $3. 7 $ 316: Z.5- 6 Remove Existing Catch Basin and Local EA /� Depression $/��/ a. $ �, 7. Construct Type A11-6 Curb 14 LF $ Zq,25' $ 5", 8. Construct Type A2-8 Curb &Gut—r 359 LF $ �� $ b 9. Construct Type A-High Dike 86 LF 10. Construct 5"A.C. Pavement 8,900 SF $ J�,�j $ 2�� ?(0 00 11. Construct 4" Crushed Miscellaneous Base 8,900 SF zSr ot7 - 12. Construct P.C.C. Sidewalk 3,644 SF $ 3 �� $ Q&4Sco 13. Construct Type A Access Ramp 1 EA $bZ;Z( 21;'0,0'0 14. Construct P.C.C. Driveway Approach 258 SF $ �,7� $�25�• 15. Construct 6" P.C.C. Pavement 370 SF $ , 7'p $ 7 00 e- Name of Bidder or Firm EXHIBIT"C"(Page 3 of 4) 10321014084-0001 TO CONTRACT SVCS AGR 84704.02 a07/31/02 -12 of 13- WITH EXHIBIT "C" ADDITIVE BID SCHEDULE B (Continued) Indian Canyon Drive and Alejo Road Street Improvements Tentative Tract Map 30453 and PD-266 Rem Descrlptlon Estimated Unit Unit Amount No. Quantity Pdce 16 Construct 4' Wide Catch Basin with Local Depression 1 EA 17 Install 12" R.C.P. Storm Drain 12 LF 18. Install 18" R.C.P. Storm Drain 15 LF 19. Construct Storm Drain Collar 1 EA $ $��ZS 00 20. Install 4" V.C.P. Sewer Lateral 322 LF $ 7t� $� 19 1 21. Install Type L Object Marker i EA 22. Sheet, Shoring, Bracing or Equivalent Method --- LS $ 3 6p TOTAL OF ALL ITEMS OF ADDTIVE BID SCHEDULE B: tPdce In flpunsl mAdc 54A 4 6�1-c 4 .1 rs h (Ptla In wo,tlat QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. w. /f4C- , Name of B dder or Firm EXHIBIT"C"(Page 4 of 4) 84704. 2&07e001 TO CONTRACT SVCS AGR sa�oa.ozaov3uoz -13 of 13- WITH ALL-PURPOSE ACKNOWLEDGMENT State of California CAPACITY CLAIMED BY SIGNER County of Riverside ❑ INDIVIDUAL(S) ❑ CORPORATE On J u IV Xabefore me, Carrie Rovnev, Notary Public OFFICER(S) Da e Name, Title of Officer TITLE(S) personally appeared Mark Temple ❑ PARTNER(S) NAME(S)OF SIGNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑personally known to me-OR- ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ■ proved to me on the basis of satisfactory evidence to be the person whose name is ❑ OTHER subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. SIGNER IS REPRESENTING: Witness my hand and official seal. CAf2RIE ROVNEY Commission■134US7 WMyComm.E)0msMar26, Notary Public-Califomis igtta re of No R ount y Canty, 200b ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document -�:;aat;arrfmr E v,t o 144*httea:-.-. MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 90-3210 CALIFOS MA BANK D TRUST 253766 La Mesa Lumber 8255 University Ave 222 Eh P O.BoX 156 55011 GROSMONT CTR.DR FUND CONTROL La Mesa,CA 911944-0156 r LA MESA,CA 91941 Trust Account 30460-0511 =J JVLM INVESTMENTS, INC 9560 075% LOTS 1-6 VIA COLUSA RD PAY ***29,915 DOLLARS AND 05/100 CENTS DATE: 8/14 2002 FUND N0. VOUCHER NO. AMOUNT 01348 021446 $***29r915.0,5 ACCOUNT CI PO PALM SPRINGS /A�^ WW r TOY PO BOX 274 /v I OME RDER AM PALM SPRINGS CA 92262 OF v 142537EEii' 1: 1222321091: 01-0032a3ii80E