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HomeMy WebLinkAbout04527 - PS MODERN HOMES SUBDIVISION AGR City of Palm Springs I I 1 �F I df+�I 911 f Department of Public Works and Engineering y, `�Lcnrx X f 3200 E.Tahqui[z Canyon Way Palm Springs, California 92262 Tel: (760)323-8253 • Fax: (760) 322-8360 • Web: www.ci.palm-springs.ca.us April 19, 2004 Gulf Insurance Group Attention: Jennifer Isley 110 West "A" Street, Suite 1805 San Diego, CA 92101 Re: Release of Subdivision Bonds; Tract 30313 (48 @ Arenas) Palm Springs Modern Homes I, L.L.C. Dear Ms. Isley: Please consider this letter the City of Palm Springs' notice that the obligations relating to Faithful Performance, Labor and Materials and Monumentation under the subdivision improvement agreement between the City of Palm Springs and Palm Springs Modern Homes I, LLC, for Tract Map 30313 have been satisfied. The subdivision securities required by the agreement may now be released. The securities currently held are as follows: Faithful Performance Surety; Bond No. BE2624631 (plus rider) for $72,341.09 Labor and Materials Surety; Bond No. BE2624631 (plus rider) for $36,167.55 Setting of Monumentation Surety; Bond No. BE2624632 for $300.00 The improvements were accepted as complete by the City of Palm Springs by the end of the year 2002, therefore, release of the following bond is also hereby released: Maintenance & Warranty of Improvements Surety; Bond No. BE2624633 for $9,503.77 If you have any questions, I can be reached by e-mail at ronn@ci.palm-springs.ca.us or by telephone at (760) 323-8253, ext. 8742. Sincerely, Ron R. Nicholas Civil Engineering Associate cc: Marna Van Horn, V.P. Project Development Trish Sanders, City Clerk Tract 30313 file Post Office Box 2743 0 Palm Springs, California 92263-2743 Palm Springs Modern Homes rSubdivision Agreement AGREEMENT #4527 R20383, 7-3-02 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS MODERN HOMES, I, LLC A CALIFORNIA LIMITED LIABILITY COMPANY 9 �;, 0 TABLE OF CONTENTS J1 I.Construction Obligations........................................................... 1 1.1 Works of Improvement........................................... 1 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval......................................... 2 1.3 Intent of Plans........................................................ 2 1.4 Survey Monuments................................................ 2 1.5 Performance of Work.............................. ............... 3 1.6 Changes in the Work.............................................. 3 1.7 Defective Work....................................................... 3 1.8 No Warranty by City............................................... 3 1.9 Authority of the City Engineer................................ 3 1.10 Documents Available at the Site............................ 3 1.11 Inspection............................................................... 3 1.12 Compliance with Law............................................. 4 1.13 Suspension of Work............................................... 4 1.14 Final Acceptance of Works of Improvement........... 4 2. Time for Performance....................................................... 5 2.1 Commencement and Completion Dates................. 5 2.2 Phasing Requirements............................................ 5 2.3 -Force Majeure......................................................... 5 2.4 Continuous Work.................................................... 6 2.5 Reversion to Acreage.............................................. 6 2.6 Time of the Essence................................................ 6 3. Labor................................................................................. 6 3.1 Labor Standards...................................................... 6 3.2 Nondiscrimination................................................... 6 3.3 Licensed Contractors.............................................. 7 3.4 Workers' Compensation.............I............................. 7 4. Security............................................................................. 7 4.1 Required Security.................................................... 7 4.2 Form of Security Instruments.................................. 8 4.3 Subdivider's Liability................................................ 9 4A Letters of Credit....................................................... 9 4.5 Release of Security Instruments.............................. 10 5. Cost of Construction and Provision of Inspection Service............................................................................... 11 5.1 Subdivider Responsible for All Related Costs of Construction............................................................ 11 5.2 Payment to City for Cost of Related Inspection i and Engioing 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 ADIVISION IMPROVEMENT AGREOENT THIS SUBDIVISION IMPROVEMENTAGREEMENT(this"Agreement") is entered into this 3 2� day of 0 u �— , 2002, by and between the CITY OF PALM SPRINGS, a municipal corporation tithe State of California ("CITY"), and PALM SPRINGS MODERN HOMES, I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 30313 in the City of Palm Springs, County of Riverside, State of California (the "Property").The map contains conditions of approval forthe development of the Property(the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to City for street and utility purposes as shown on the Map as Lot"A". City desires to accept the easements shown on the Map as Lot"A"for public street and public utility purposes 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 forthe 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. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on t the tentative mar the Property. The conditions of ap*val 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 afunctional oroperable improvement orfacility, 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 Subdivider or Subdivider's contractorto 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 engineer or surveyor for the setting of said monument(s). 1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor,tools,equipment, utilities,transportation,and incidentals required to perform Subdivider's obligations under this Agreement. 1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of'lmprovement 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 protectthe public health, safety,orwelfare.The City Engineer shall notify Subdivider or Subdivider's contractor in writing(by Correction Notice)at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 2 1.7 De ve Work. Subdivider shall cauits 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 or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials orwork may be rejected notwithstanding that such materials orwork may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 3 1.14 FinalSeptance of Works of Improvement.OrSubdivider'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 contractorof 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 inspectorto 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)commance with construction and installation of the Works of Improvement thirty 30) dan 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 to thetimely provision of publicservices 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. Priorto 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 Maieure. 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 adverseweather 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 hereundershall 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 O to a right to extend its time for pormance 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 bythe 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)&the time Subdivider executes this Okement, 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 $72,341.09 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/orequipment("Laborand Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $36,167.55 of the estimated construction cost referenced in Section 1.1. (iii) ASecurity Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $300.00 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$9,503.77 of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California.Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published 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 letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any 6 such lettearedit shall specifically permit City t0aw 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 accordancewith Section 2.1 (otherthan Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes maybe made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument orthe subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto,Subdividershall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall,within ten(10)days afterwritten demand therefor, deliverto City such substitute security as City shall require satisfying the requirements in this Section 4. 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 initiaer of credit delivered hereunder, is&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 orto 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 account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Resoonsi ble for Al I 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 9 separate ReimbLementAgreement to be entered into teen Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check,evaluating any proposed or agreed-upon changes in the work.The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s)shall authorizethe City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. WarrantyofWork. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one(1)year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one(1)year period due to any reason other than improper maintenance,or if any settlement of fill or backfill occurs,or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency,shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of timesetforth above, City may make such repairs and replacements and the actual cost ofthe required laborand 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 for a period of twenty(20)days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into 9 the Property and laorm any of the uncompleted work b0ce account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted,shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action,taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation.All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees,and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury,death,property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation,attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right,title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof,except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the partyto be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 10 11. Corporateothority.The persons executing this4eement 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 WIRREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATE6 �_ � ATTEST: CITY OF PALM SPRINGS y _. r � ✓ � �� �9 o Patricia A. Sanders, City Clerk David Ready, W5rManager APPROVED AS TO FORM: 6 _ City Attorney CONTRACTOR: PALM SPRINGS MODERN HOMES, I, LLC, a California limited liability company By: Vantage Pointe Homes, LP, a California limited partnership BY 1-HE; CrWY CW"CiL Its: Managing Member rZP®3 y � � By: VantagZ pment, 4Gal rporation Its: r By- (Notarize Signature) am, President "Subdivider" Mailing Address: 74-140 El Paseo Suite 4-PMB 520 Palm Desert, CA 92260 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of I� t lr--ipp_r11i3 County of On %_ UVA j , o�1CA before me, (.\AdLA �2111 !iilI Y� �10al 11Wl qp _ GATE NAM TITLE F OFFICER-E.G.,'J E OE,NOTARY PUBLIC' personally appeared NAME(S)OF SIGNER(S `❑ personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose names) ist.are subscribed to the within instrument and acknowledged to me that he/sheAthey executed the same in his/her/HTeir authorized capacity(iiez), and that by his/herftheir signature(s) on the instrument the person(sj; or the entity upon behalf of CINDY BUR-- which the person(s) acted, executed the instrument. V*COMM. 13I8206 0 �+� NOTARY PUBLIC-CALIFORNIAD WITNESS my hand and official seal 2 • RIVERSIDECOUNTY 0 EXP.APRIL 22,200b �� _W/LW t'1 OUNATURE OF ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) ❑ LIMITED PARTNER(S) ❑ GENERAL PARTNER(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) Q GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER(S) OTHER THAKNAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) • EXHIBIT"A" • CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT ARENAS ROAD EAST 3. Dedicate an additional right-of-way of 15 feet to provide the ultimate half street width of 40 feet along the entire frontage of the subject property. 4. Construct a 6 inch curb and gutter, 32 feet SOUTH of centerline along the entire frontage of the subject property per City ofPalm Springs Standard Drawing No.200. 5. The west driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. The east(Main Entry)driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have the width necessary for emergency vehicles to make the turning movement and line up with the gate for entry. 6. 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. 7. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City ofPalm Springs Standard Drawing No. 110 AND 325. The pavement section shall be designed, using "R" values,by a licensed Soils Engineer and submitted to the City Engineer for approval. TRAFFIC 30. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility.The developer shall provide same through dedication ofadditional 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 ARENAS ROAD EAST frontage of the subject property. 31. Striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 32. 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,Departmentof Transportation,"MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORKZONES"dated 1996,or subsequent additions in force at the time of construction. 13 • • BOND NO: BE2624633 PREMIUM: $143.00/2YR TERM CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES I LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 20_, and identified as Project Final Man No. 30313 , is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithftil performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and GULF INSURANCE COMPANY , as surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of NINE THOUSAND FIVE HUNDRED THREE 77/100 DOLLARS ($9.503.77 ), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amormts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (connnencing 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, Page 1 of 2 and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the repair and replacement of defective workmanship and materials thereof made as therein provided, on his or their part to be kept and performed at (lie time and in the manner therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety above named, on_ JUNE 1 200E PALM SPRINGS MODERN HOMES I LLC GULF INSURANCE COMPANY Principal Surety Att ney-in-Fac J NNIFER ISliEY �- Page 2 of 2 Gulf Bond#BE2624633 -Maintenance&Warranty of Improvements Bond State of Arizona \ ss. County of Maricopa \ This instrument was acknowledged before me this_1st_day of _June_,2002 by Jennifer Isley in witness whereof I herewith set my hand and official seal OFFICIAL SEAL, Notary blic� FOLLY BATKA NOTARY PUBLIC-State of Arrzona MARICOPA COUNTY l My Comm.Fjpires May 31,20M My commision expires: ,�� o i " s s il"%iI'1A'L�''u'L'_J'F All, (Jl.!IIi'iF- "TI flT ?(B'W IP 01F, k_r 1T"0lf`1TTf"ir CINGI 11AV S OF ThooS PDS"JEN Or AT'V'dtfkv °I ApdE PfNtdTED OH DL6df:SAFE T 7 FAIT-R UTH TEX..'.1CC. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 10Ih day of August, 1993,to wit "RESOLVED,that the President,Executive Vice President or any Senior Vice Piesident of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to lime,and any such Attorney-in-Fact may be removed and the authority grant- ed hiin revolved by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,Ihat nothing in this Power of Attorney shall be construed as a grant of authority to the allorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy of policies of insurance on behalf of Gulf Insurance Company. RESOLVED, Ilia[the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future wuh respect to any bond and documents relating to such bonds to which they are attached" Gulf Insurance Company does hereby make,constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson Jennifer Isley Suzan Peterka its true and lawful altorney(s)-in-tact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bands and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as it any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized olhcer of the Gulf Insurance Company and all the acts of said adorney(s)-in-facl, Pursuant to the authority herein given,are hereby ratified and confirmed. The obligation or the Company shall not exceed five million(5,000,000)dollars. 66r7 VAYHES`tNCd2l ic- ol"floc Gulf lusuroacco a'ompauy Gras aaaoccd Lba^a psosauls fo ho sloncd 1;ty u,uvr otticer oil the Ugxr priory and l(,L'ao poeafa Te�rl!to bcl h3rcho ahYi;ced. sue`5;ypnnic� �o•.. . -JT,7 11,i�I Jy,,,f11 i:r iR nLp]'t/lilr'�l.T % J J 1 II IrV " ri fiLNnI 1C lT.G R`r �"°� ✓ .✓ �l"`7 .La` _ ON"' �".PP_7C1C iD'cL'T_ i 1' F D'C'iJbIT'zi 'i'+Pd Ul �1dV "' c-t c. to L On if]is dsf riary ai 0cIobei,A.B.low,baSoea Idle eanio L ajiumcC P,FAIdilcv,funs B Le arc PC720 Onily lirk bcir id lay ma drbi l mucivii blld dop oso A;d-'Iy:flan,ho cosh's l-0o boo Cou:aty of PaeOan,Shia of Main boesoy;float Ira is Em L)(0tio lve Visa plcoh Gat of isoo out.,Goslnauu;� 'roaapom,jy flue t:oupoeniloa besrs;iPoeb lu atad v';Goiel:env-eider➢ i4a aatimvp irisiruiucon';lbon he lansvr'o;hu cost ou snkll wsipoea poia ;ibail:IID2 s"G"u ai;bi"r in d]m Snid mrt li--C+;Bie Eli'nicl;eeP'o'f;C'uc]Lr4;::2P 4uln,K°::d9-o atd:7s'.l ury ADC' jr 4°i"h:i Goaid o1 LUd;eanous of salel¢aopoeafian and dint lee signed his,nouac,'ijiso'af°y blr NlC,Buc,a. 0`ll'Aad L^Or 1 IT VW`"I,OiI"_z1r. [Votary Public,State of New York 00,ruf l'll'1„X"f TE ri`Y 'ilPl i f `'`� 'C.lrni:,i,aL ;:/ No. 02JA4958634 Qualified in Kings County Comntission Expires December 30,2001 0,aloe it 9cr;igncai,Seoloe lc2 Prosidouf 1 140 Gaut 9rosueance uci apauy,a CoSoeai/r:iia.n4 0oepourifisio, ADO N TiTa i' PG;F2 Slag@ t as fforc49alug,no1 aaiacboal Pg°S°fklS OF ii7iM VF°r`raeuninc he init;®eeo. _ Signed and Scaled at the City of New York. Dated the day o' LQ d / �--pop' ff V ff rill P _ S � ,. J V CpnNECgVGO^ �� leorge Biancarcii Senior-`mice President • • BOND NO: BE2624632 PREMIUM: $100.00/2YR TERM CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS,the City Council ofthe City ofPalm Springs,State of Califomia,and PALM SPRINGS MODERN HOMES,I.LLC,A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as"Principal')have entered into or are about to enter into,an agreement whereby Principal agrees to set certain survey monuments,which said agreement,dated 20, and identified as Project Final Map No. 30313 ,is hereby referred to and made a part hereof, and WHEREAS,said Principal is required under the terms of said Agreement to famish abond for the faithful performance of said Agreement and the payment ofthe engineer or surveyor for the setting of said monmzents. NOW THEREFORE,we, the Principal, and GULF INSURANCE COMPANY, as surety,are held and fmnly bound unto the City ofPahn Springs(hereinafter called"City"),and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance ofthe aforesaid Agreement with respect to the setting ofmomunents,in the penal sum of THREE HUNDRED 00/100 DOLLARS($300.00),lawful money ofthe 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 exceednng the amount herennabove 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, firnnly by these presents. It is hereby expressly stipulated and agreed that this bond shall mire to the benefit of any and all persons,companies and corporations entitledto file claims Linder Title 15(commencing with Section 3082)of Part 4 of Division 3 ofthe Civil Code,so as to give aright of action to them or their assigns in any suit brought upon this bond. The condition ofdnis obligation is such that ifthe above bonded Principal,his or its hens, 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 ofmomunents and any alteration thereofmade as therein provided,on his or their part to be kept and performed at the time and in the mamier 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 to the City evidence that [lie engineer or surveyor, and all said contractors, subcontractors, laborers, ma[erialmen, 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 JUfiE 1 , 20 02 PALM SPRINGS MODERN HOMES I LLC GULF INSURANCF. COMPANY Principal Surety Attorneys n-F ct JENNIF R LEY ung\fnrinv\raiiLmnabnil Page 2 of 2 Gulf Bond#BE2624626-Dept of Real Estate-Subdivision State of Arizona \ \ ss. County of Maricopa This instrument was acknowledged before me this_1st_day of _June.2002 by Jennifer Isley in witness where of I herewith set jmy'hand and official seal LiQFFFICIfyL SEAL KELLY BATKA Notary?ublic / NOTARY PUBLIC•state of Piton f MARICOPA COUNN My Comm,Expires Play 31,2006 My commision expires: \J_2/X) °'ii' Va�uJ �J�-7�.�ci���;-�ri, U:l;� ,itr91V1�:h (';•uDilflJr,l. L �vV I'I Ire ED'_ �TO I-1 I YL OMORVALS SB T VM POVhER OR A's'TORMEY IUIE Pti tIfEO ON LCLdIDE SAGLf'J i"ACsI'-ii IN,, KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of living,Texas, pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 101h day of Angus[,1993,to wit "RESOLVED, that the President,Executive Vice President or any SeniorVfce President of tha Company shall have authority to make,execute and deliver a Power of Attorney ccnshtuhng as Attorney-in-Fact,such persons,arms,or corporations as may be selected from lime to time,and any such Attorney-in-Fact may he removed and the authority grant- ed him revoked by the President, or any Executive Vice President, of any Senior Vice President, or by[he Board of Duec[ors or by the Finance and Executive Committee of the Board of Directors RESOLVED,that nothing in this Power of Attorney shall he construed as a grant o1 authonly to the at[orney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company, RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of[he Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon fire Company in the future with respect to any bond and documents relating to such bonds to which they are attached" Gulf Insurance Company does hereby make,constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson Jennifer Isley Suzan Peterka its true and lawful attoiney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, [a sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bands, undertakings and documents fekahng to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said arorney(s)-in-fact, pursuant to[he authority herein given,are hereby ratified and confirmed The obligation of the Company shall not exceed five million(5,000,000)dollars. 4ii t ro I NII s12 t,°JC 9f,UrD.,ntas a.Is396 imsevaeaee r;eoanpauuy 6un>caoaaea1,Vr;nr,p:.;:>.uou,irau G r aluuiee Ly aur+v¢s;Gean Uli na-V uma;rrunq and ors Ca'otpena4r.5ca9tO[o© aViirrcd. _ �ritJ11 ti).i DjJ,A,IiiCTE �ia;;'INI-Pi,117 0"0a4 S7CA7CTEv'LIG'T]>'V`J`SCT,`A[nK r" n'rJiVli iI'-rr;' 1"d;En.+7°?GI+1a' SS S cjya P 2?rlic ce 't Pf7un]kEe' _ J]Az'Pruril Vilee TIr",sueemV Ora'Ehis dsd D.aj(oG Ocilober,A.D.20M,boiono vein—intro L@o1ronco P.Minficn,fa omi to nm porsoua[ly V'Flro iautg by wo¢tiny ou'setoo,di¢p flopuoso rmE say:froi its;asodos in din C®uflntij rob Lcrgon,G"iato O'd Nevi bersov;tbpa ire is hire CxocesUvo Viloc PteciolocC of Gbc ivrN inouv^u+4:c Ooun;ip:ior,6bo d;otpornii®n eios+pirlbotl is nau,"AIUi ozccmicn; ill above insfinu ont;Vbak foe°onot°ao U1e seat 0i sairl a:otl@®tallu n;lam"Lo 6x.5i a>.brcd`c thic said iousinuun�cn4 is srxir GoypomlIc soar;Cirri K e as ce'og,,ce1 by oreat o;ti:e Suatc of Uiecions of snidd cripotation tried d tali ho signod his noffic,ibcacio b,^piste d'Ytt9 a4'. 10"n'fid, IIf1�iiC S7C�.c7Plu'C%Jr t�i]C'771'I'DL""ti Notary Public,Stare of New lode 1 C-1 T '� ' SS No. 02JA4958b3a- " OualiGed in 6_ti_mgs County Commission Expires December 30,2001 I,glo undonslumcd,Senior Vic,Pmshloni®V Cto Got;insmeance Greeli cnp,a Coup;jingoao,Co„"u]i u G Ft°GPG;dVNI tbu4 dicr io;egoioti ameci at;aIvl cd OD A-T'KX IIFY;cuotains in kill 6ouco. Signed and Sealed at the City of New Yodc. .'`=oa�nc� `�, SDadeci iffic eta OF 20 \a _ - °o„ Y X J 1 0 George Dirrocardi �� Seolor Vice]PnesideRiC • • BOND NO: BE2624631 PREMIU14: $570.00/2YR TERM CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 20, and identified as project Final Map No. 30313 , is hereby referred to and made a part hereof, and WHEREAS, Principal is required Linder the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY as surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of THIRTY EIGHT THOUSAND FIFTEEN 09/100 dollars ($38.015.09 ) 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 fill 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 ua � • Faithful Performance Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on 6/I 12002 PALM SPRINGS MODERN HOMES I LLC GULF INSURANCE COMPANY - -- Principal Surety Attrney�n-Fact SEN .LPv ISLEY Page 2 of 2 Gulf Bond#BE2624631 -Performance Bond State of Arizona \ ss. County of Maricopa This instrument was acknowledged before me this_1st_day of _June 2002 by Jennifer Isley in witness whereof I herewith set my hand and official seal GFFlel/1l- SEAL CAL'. KELLY BATKA NotaryrJ'i Iic f NOTARY PUDLIC-State of Arizona MARICOPA COUNTY My Comm.Expires May 31,2M My commision expires: r o i • ASP', '2 d'''�iM,,� GO In tce m Am�m�.erof eitigrpu� 110 West"A" Street, Ste. 1805, San Diego, CA 92101 BOND RIDER To be attached to and form a part of: Bond No.BE2624631 effective the 1st day of ,Tuna , 2002, pain qprings Modern Homes I LLC , as principal, and GULF INSURANCE COMPANY, As Surety, in favor of City of Palm Springs as Obligee. Faithful Performance It is understood and agreed that the Rn d n.r t is changed or revised in the particulars as indicated below: From: $38,015.09 To: $72,341.09 Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: IN WITNESS WHEREOF, GULF INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 2nrr, day of r, .,A 12002. GULF INSURANCE COMPANY L �Jen fifer Islet' Gulf Bond#BE2624631 -Performance Bond Rider State of Arizona \ ss. County of Maricopa This instrument was acknowledged before me this_Ist_day of _June_,2002 by Jennifer Isley in witness whereof I herewith set my hand and official seal ALL�a NotVPublli KELLY BATKA NOTARY PUBLIC-State of Arizona MAHICOPA COUNTY �/��� �_ My Camm Expires May 31,2006 My commision expires: / l • • )idh'c'I -r-;'ll9Tv,i'_9'�' OBIGlkiADO OV TOM POWER 08 .P TOP,hl C ABE 6nfil['9 T ED ON BLUE SPSK"c 11"B'ifPdD VRJ' l'p!=rLl. KNOW ALL MEN BY THESE PRESENTS. That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas, pursuant to the lollowmg resolution,adopted by the Finance&.Executive Committee of the Board of Directors of the said Company on the 10[h day of August, 1993,to wd: 'RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have aulhorily to make,execute and delivers Power of Attorney conshtulmg as Attorney-in-Fact,such persons,firms,or corporations as maybe selected from fine to time;and any such Attorney-m-Fact maybe removed and the authority grant- ed him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,Thal nothing in this Power of ARarney shall be construed as a grant of authority to the attorney(s)-m-lactto sign,execute,acknowledge,deliver or otherwise Issue a policy or policies of insurance on behalf of Gulf Insurance Company RESOLVED, that [he signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of N oiney or any certificate relating thereto by lacsimile,and any such powers so executed and cerdhed by Facsimile signature and facsimile soil shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which[hey are attached" Gull Insurance Company does hereby make,constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson Jennifer Isley Suzan Peterka !Is [rue and lawful attorney(s)-in-facl, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surely, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as If any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-m-fact, pursuant to the authority herein given,are hereby ratified and confirmed The obligation of the Company shall not exceed five million(5,000,000)dollars IH VdE'r'V'JEti'v VARF'tB!"OS,¢ire Ginn;hismaouee Coulpo ty Boo curoxtl Di prtasants is be sagWrab by iron oiiicae of flee Oo thine;ced1 Ro Cocgova¢o Good do be honofe z;.aee.atc< _-iiJ=f Ix PH TC U TJE 1 f c)iH 0E'HII'1_1 I I' ,I SE u A C to 1I rTJ y'OtpPrz °Ot r �J�JP�f'PY�P PI]CY✓;CG,')ll"Jt' p '�� rhl.;eeudve Y se IE`rr wldeuvd On ibis ls't dap on Ocio4cev,A.VT.i9BBl,befo¢e vao cn air Lorrinoni;o lh VeeinfHr:}kraovin 10 eve pci'so-icHy t°aloe boon;9 sy me doily oven ui,Q!dh�ptoae nuj Sri!,:a%ou3 re i-ol oo,, In ilm Couni o'o F';wuen,z;iaae of NOW Jersey;hivai lux is the Gxceniivc"Jocc r oi'fluo fonli hesn,ancc O'ocnnw,lie;corporation t1meliti2d hu Nndd'n'tdu o crerrigco1 4lta chore insirnmenL;4lvnt the icnosas Tno goal ol'said corporation;lltcn 66t©gait oiib' l'vvv tlic sale'. is suds cos'partsc4n stint;4las"K xaas ge'0:srxt°ry uarv€o;'r)s flu: Board of Direcicrs of sakl sou';aoenihin an(Slum Inc sleanmd flis aaruae,ite rc-io Cry IPM oodeu'. iz i`D JCT_ S,`�rv/I'iirn , 61 Notary Public, State of New York No, 02JA4958634 tCiGVJI1T§f Cr'NEW YOP Qualified in [{ings County Commission Expires December 30,2001 1,Uto cnaictsiGned,Scri'oot' ,1co P osMset of ike OwIG b1smaneG 1�,ompanrop,a p,.;aun�ccSicu;G.C3®nrort;•,iinw,GE➢Ca_G:(=C`J OE.Gd`f7Tt'Thom Ehv uompoinB aged a[Saeagr7 ri OC=tl`f i o311oi a-V remouns our itil6 lou'cu. _ Signed and Scaled at the,City of New 1'orl: e�`�s�r"I'mo peg Dated CIiB ��y df 2Q �v �) e it � 'TD�f➢S�e �laflGcJ'rCl ._ _61110f VLC01' "ES7Ce93'd BOND NO: BE2624631 PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and PALM SPRINGS MODERN HOMES I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 20_, and identified as project Final Map No. 30313 , is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the stun of NINETEEN THOUSAND SEVENTY SEVEN 66/100 dollars ($19. 777.66), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become mill and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 Labor and Materials Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on DUNE 1 2002 PALM SPRINGS MODERN HOMES I LLC GULF INSURANCE COMPANY Principal Surety Attorn y-i Fact JENNT,Plt ISLEY J Page 2 of 2 Gulf Bond#BE2624631 -Labor&Materials Bond State of Arizona \ ss. County of Maricopa This instrument was acknowledged before me this Ist_day of _June_,2002 by Jennifer Isley in witness whereof I herewith set my hand and official seal o._CLAL SEAL KELLY 13 001 ona Notary ublic NOTARY 100 •State T Pt z COUN 81,2W6 My Comm.Expires May My commision expires: V'7t?' i 6 t f ; f Fin II ra 0^ L" )W -" (I„!1TT OP914=VNADS aOK TI NS PMVEGI OF HTYMNEV ACDE MFigl fl ON,BLUE SAVM ff C°APEP C"i 11lI'd M INC. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas,pursuant to the fallowing resolution,adopted by the Finance b Executive Committee of[he Board of Directors of the said Company on the Lett day of August,1993,to wit: "RESOLVED,that the President,Executive Vice President or any SemorVice President of the Company shall have authonty to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,hens,or corporations as maybe selected from time to time,and any such Attorney-in-Fact maybe removed and the authority grant- ed him revoked by the President, or any Executive Vice President, or any Senor Vice President, or by the Board of Directors or by the finance and Executive Committee of the Board of Directors. RESOLVED,that nothing In this Power of Attorney shall be construed as a grant of authority to the aftorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached" Gulf Insurance Company does hereby make,constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson Jennifer Isley Suzan Peterka its true and lawful altorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in Its behalf, as surely, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized offices of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, pursuant to the authonly herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. V49',,'n uf:!:SS VA?&EVOF,dEfl G;MN Oasrtwautao corxPamy has ci sssed limixG pu'csWmts to 13e sigilc-e1 Pall=e°;�ouiiecrr or Iroe C c uiprany tonO ous 4;cispasaye[Pea°to tic ho-sin f5ow' eF 00" ISOL ,F r rat �r)�r�. C'OBB/1 1'r<iR/ ppppppA i,GpftPOfi;- ru /y u "E�T�c' La�rremcelFalcriiiunt,a1' CUg7Il1^E C�Lr 1?]E�� "'tCfLS"1[� � 1�;.na:trr.hv� J=Lie _ewLJF2�na 1Lo this dsh day oh Oc ehou,A.fa.'8®O'V,hoici c uric canoe batchonou P.P9oaEtay Ikoov"a to use Inarso lolly info hch,n by or"r'nfy"wouui,died dctause and say:tb"]l hc;'osVdcs In i[lc lklunGy o.,Gcngua,Sia1e eP rki"'!Posrroy;that he in rho Errco;ud'orro Acc pvjddo!ni oV¢Poo UME VncsrcoeCD(tan-'pgrny,ties muu'0cuouoeyo aVc ;;u Vl'ao0 our cs¢I u'dahoho clnocui iVuo o;wnc,insd ouncnl;tiori ho f(ootes the soeV oh sand allied;tvct Doe seuV cGGonco1 to dha s'Jd oorsitoo o-muas Vssaic(i a';cnpe�aaEo c�cnV;ir9uaS iv i° �e�sID mourn bury ourllca o)dAc Board of Veircctets at said corposaaoos acid¢Iran he Signed Sits oanco,dhenoto hay rite.ote'y;,v. r c r Notary Public,State of New York �,, UF, I it,,r'ontt..T if �5 �' �gt-'�� No. 02JAZ958634 CCU 11ni1 U�1F NEB/YOR _. it QualtCrcd in KmBs County Cojjiri a Expires December 30,2001 3,Giso sdtuc'r.°,igueh,afeoro o loner V>nosodcm¢oV&Vie hs96Vmsun rice Corntnasy,tt nosi2rd€rsP OoueomuSieo,DO CIEhfFH9 SLG:uhG f t8uat fVae Gone�goVtirn and aiottmtiu PQ3C"pE't; SDP Arru'r0ISILY vcmahms orr fult fares. Signed and Sealed at the City of NewYodc ie�Enrec`00, Mated Lie day of �� g'r 0@POR7 '�' ZGY�4�''� Gr ' eorge 3�jnncasdi Aeittox-Vice Pi-esident .f Insiffance Q01AP Ame'dem. O.T.u., 110 West"A" Street, Ste. 1805, San Diego, CA 92101 BOND RIDER To be attached to and form a part of: Bond No. BE2624631 effective the 1st day of June ,2002, Palm Springs Modern Homes I r 1 C as principal, and GULF INSURANCE COMPANY, As Surety, in favor of City of Palm Springs , as Obligee. Labor & Materials It is understood and agreed that the Bond amount is changed or revised in the particulars as indicated below: From: $19,077.66 To: $36,167.55 Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: IN WITNESS WHEREOF, GULF INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 20th day of June ,2002. GULF INSURANCE COMPANY Jeni ffer Isley 1f Gulf Bond 9BE2624631 -Labor& Materials Bond Rider State of Arizona \ \ ss. County of Maricopa \ This instrument was acknowledged before me this_I st_day of _June_, 2002 by Jennifer Isley in witness whereof I herewith set/my hand and official seal t_���� 2y��.Aft'•.A%`i - _ --__ Nota Public C)PPICIAI, SEAL Ffia) KELL`f BATKA NOTARY PUBLIC-State of Arimna s MARICOPA COUNiY My commision expires: ��/ ) My Comm.Expires May 31.2006 0 • ''IIULF ]G1 )k / u 7G_;^ 2' il:lidC .G7'J ONIGINALv OE TG9VS P01P1FE Or ATTCLIHEV AIRI:PRINTLF4T ON BLUE SAFE"GV PAI'I-N 1°dG Tid aCAG.IHN'. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal officer in the city of Irving,Texas,pursuant to[he following resolution,adopted by[he Finance&Executive Committee of the Board of Directors of the said Company on the 10th day of Angu9,1993,to wit "RESOLVED,that the President,Executive Vice President or any SenIorVice President of the Company shall have authority to make,execute and deliver a Power of Attorney eonsh[uhng as Attorney-m Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority want- ed hum revoked by[he President, or any Executive Vice President,or any Senior Vice President, of by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the adorney(s)-in-fact[e sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gull Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of[he Company may he affixed to any such Power of Attorney or any certificate relating [hereto by lacsimile,and any such powers so executed and certified by lacsimde signature and facsimile seal shall be valid and binding upon Ore Company In the future with respect[o any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint Kenneth Kirk Byron Davidson Kelly Swanson Jennifer Isley Suzan Peterka its [rue and lawful attorney(s)-in-fact, with lull power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behall, as surely, any and all bonds and underlalangs of suretyship, and to hind Gulf Insurance Company thereby as fully and to the same extent as it any bands, undertakings and documents totaling to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said aborney(s)-in-fact, Pursuant to the authority herein given,are hereby ratified and confirmed, The obligation of the Company shall not exceed five million(5,000,000)dollars. h"I T^JG'u'6h G4E V HpiieEGl°,4rae equb;iflouoasoce Company Goes C,ms"d illocc pe,azuuo 3 ib t u j%scud b,y aIcV 0.'',I e C(oepemy and its(:oen©ua¢e Scat ie;rO Cie[ t;r s.ice�•, !�U iT I1 iS,d�h'^f1.1��'lf+' ��:�Y,il✓dli'L-',l I?v j�°r POwrFka::o .t j u 1E Un F P'f lL�"\1 7 V 11 0,RII7 n �'wcc'i\,� ,'' i,:�V7L e']uc.¢ _o T'�if'u7➢ isv,C LcYo I>1 J G➢ hE P Eze�wd.o:e'` ucs Piresiir;etnh OR rhis'ist day of 0dottier,A.D.2001,butoro inn ecem Lainfori P.kdGniloi,Iacono 4o m a parsnnnGGytrdsta Loofah}'fry tuc 6;id°epoco a;oA Gtau;ou ic'64,cag in die Doua9y oG Roar so,""be'a 0i Cdevc Jarsay;ihO ev,Gs ihu"IcxncmlVvo vica Pouskdcod Ob Cue�r;tu[H InSntaner Eaamornnin" Gho�;aioparaeoom:da,c¢otrau"fm acd rrbl-o crccat-'B ibc above hasior aal;Hba4 Gta koolus the seat oG sake ooporaGGero;ihnf 1Sne sont a0oisri fir,i,Ilo cedd lRz d4 eiumaurE(S Gs su"th Coipom:Lic saaG;zlm:is vmo so nfVha-d Ly®oaks ci.it c BOQ]Fj OP j1pOCCoos co said a'Cff 9giag(aB anal&n'c Gte signal No minus,Gtomin;ny Iikra crrdao. '' DufV,y,,Vi41 [@t '7Ct7Ci,�[ThT F11ET1;LQ'JV�1L0 -+"A\A\;�d� 'v a,�;;r Notary Public,State oFNew Yorlc SS �"�,r —''w`,� No.027A495b634 CCjil IrILZ 3Ir 1�1-a JICb?,1`_ 'tea V�9G_ 'i' qualified in Kings County Commission 13;pines December 30,2001 G,dm unrdsrsidim"Senior Vice Poss¢danfl os4&ire Gnf;Gneuoanc C"o oloamy,.a onnoc6Got4€C:engrGroaioou,dgb GG'cS" DV C;1TG6"a'yloas�lte twfa;g©fug axd ariachr,d P06 nlG OF AViGGik9-°°J imandrns N luit uosce. _ �gyfxh�dCE Signed and Sealed at the City of New toxic. e Dated the day OF 20 �c erg senior 'Vice)President