HomeMy WebLinkAbout04526 - HEAVENSTONE COLLECTIONS SUBDIVISION TM 30453 PD 266 --o
Cindy Berardi
From: Carol Templeton
Sent: Tuesday, September 14, 2010 3:56 PM
To: Cindy Berardi
Subject: RE: Subdivision Imp Agr Question
(es.
carol Templeton, Engineering Associate
;ity of Palm Springs Engineering Division
)irect(760)323-8253 Ext. 8741
-ax(760)322-8360 or 322-8325
'lease note new email address:
carol.temp_let.Qn.@palmspringsca.gov
ittp://www.gcode.us/codes/palmsprings/view.. hp)
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=rom: Cindy Berardi
Pent: Tuesday, September 14, 2010 3:46 PM
ro: Carol Templeton
subject: Subdivision Imp Agr Question
,an the attached be closed out?
inJ,q FDer-ardi
Deputy City clerL
D�Fir..e c:rF tl7e its IerL
,ity of Palm Springs
'. O. Box 2743
'alm.Springs, CA 92262
760) 322-8355
:indy.Berardi(cDpalmspringsca.gov
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ait diN)t 0
Heavenstone Collections
Subdivision Agreement
AGREEMENT #4526
R20382, 7-3-02
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
THE HEAVENSTONE COLLECTIONS, LLC
Palm Springs Canyon Gate, LLC, Managing Member
■
0 TABLE OF CONTENTS •
1.Construction Obligations........................................................... 1
1.1 Works of Improvement........................................... 1
1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval......................................... 2
1.3 Intent of Plans........................................................ 2
1.4 Survey Monuments................................................ 2
1.5 Performance of Work.............................................. 3
1.6 Changes in the Work.............................................. 3
1.7 Defective Work....................................................... 3
1.8 No Warranty by City............................................... 3
1.9 Authority of the City Engineer................................ 3
1.10 Documents Available at the Site............................ 3
1.11 Inspection............................................................... 3
1.12 Compliance with Law............................................. 4
1.13 Suspension of Work............................................... 4
1.14 Final Acceptance of Works of Improvement........... 4
2. Time for Performance....................................................... 5
2.1 Commencement and Completion Dates................. 5
2.2 Phasing Requirements............................................ 5
2.3 Force Majeure......................................................... 5
2.4 Continuous Work.................................................... 6
2.5 Reversion to Acreage.............................................. 6
2.6 Time of the Essence................................................ 6
3. Labor................................................................................. 6
3.1 Labor Standards...................................................... 6
3.2 Nondiscrimination................................................... 6
3.3 Licensed Contractors.............................................. 7
3.4 Workers' Compensation.......................................... 7
4. Security............................................................................. 7
4.1 Required Security...............................................I.... 7
4.2 Form of Security Instruments.................................. 8
4.3 Subdivider's Liability................................................ 9
4.4 Letters of Credit....................................................... 9
4.5 Release of Security Instruments.............................. 10
5. Cost of Construction and Provision of Inspection
Service............................................................................... 11
5.1 Subdivider Responsible for All Related Costs of
i
Constructe......................................................� 11
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................ 11
6. Acceptance of Offers of Dedication................................... 11
7. Warranty of Work.............................................................. 11
8. Default................:.............................................................. 12
8.1 Remedies Not Exclusive.......................................... 12
8.2 City Right to Perform Work...................................... 12
8.3 Attorney's Fees and Costs....................................... 12
9. Indemnity.......................................................................... 12
10 General Provisions............................................................. 13
10.1 Successors and Assigns......................................... 13
10.2 No Third Party Beneficiaries.................................... 13
10.3 Entire Agreement; Waivers and Amendments....... 13
11. Corporate Authoi ity........................................................... 13
ii
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT(this "Agreement") is entered
into this 3 � day of 1 v��—tP , 2002, by and between the CITY OF
PALM SPRINGS, a municipal corpora it on of the State of California ("CITY"), and The
Heavenstone Collections, LLC; Palm Springs Canyon Gate, LLC, Managing Member
("Subdivider").
RECITALS
A. Subdivider is the owner of,and has obtained approvalof asubdivision mapfor
Tract No. 30453 in the City of Palm Springs, County of Riverside, State of California (the
"Property").The map contains conditions of approval for the development of the Property(the
"Conditions").
B. Pursuanttothe Conditions, Subdivider, bythe Map, has offered dedication to
Cityforstreet and utility purposes as shown on the Map as Lots"A"and"B"and an easement
for public utilities and ingress and egress ofservice and emergency vehicles over Lot 8.City
desires to accept the easements shown on the Map as Lots"A"and"B"for public street and
public utility purposes, and Lot 8 for easement for public utilities and ingress and egress of
service and emergency vehicles and certain other improvements described in this
Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and other
improvements and facilities, as shown on the Map, are a material consideration to City in
approving the final map for the Property and permitting development of the Property to
proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in
consideration ofCity'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.
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1.1 Worksmprovement. Subdivider agrees, .*sole cost and expense,
to construct or install or cause to be constructed or installed the street, drainage,
domestic water, sanitary sewer and other improvements (herein sometimes
collectively referred to as the "Works of Improvement"), as the same may be
supplemented and revised from time to time as set forth herein (said plans and
specifications, together with all related documents, are referred to herein as the
"Plans"). The estimated construction cost for the Works of Improvement is
$83,703.33.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval.
In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval
on the tentative map forthe Property.The conditions of approval which have not been
satisfied prior to the date of this Agreement are identified on Exhibit "A" hereto.
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause
to be performed in a manner acceptable to the City Engineer (or his/her designee)
and in full compliance with all codes and the terms of this Agreement.Subdivider shall
complete a functional or operable improvement or facility,even though the Plans may
not specifically call out all items of work required for the contractor to complete its
tasks, incidental appurtenances, materials,and the like. If any omissions are made or
information necessaryto carry out the full intent and meaning of the Plans,Subdivider
or its contractor shall im.nediately 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.Withoutthe 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. Subdividershall 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 orsurveyorforthe 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.
2 ,
1.6 Cha s in the Work. The City Engine Nithout invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary ordesirable bythe City Engineeras determined necessaryto 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.
1.7 Defective Work. Subdivider shall cause its contractor to repair,
reconstruct, replace, or otherwise make acceptable any work found by the City
Engineer to be defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City
makes no representation or warranty, express or implied, to Subdivider or to any
other person regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement,the City Engineershall have the authority
to decide all questions which may arise as to the quality and acceptability of materials
furnished and work performed,and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the
job site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the
Works of Improvement. Subdivider shall cause its contractorto 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 anytime before
acceptance of the Works of Improvement shall remove or uncoversuch 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 Subdividerorthe contractor
of any obligations to fulfill this Agreement as herein provided,and unsuitable materials
3
or work maybe ruled notwithstanding that such mate*-or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state,
and local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and
its contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's
contractor has completed all of the Works of Improvement, Subdivider shall then
request a final inspection of the work. It items are found by the inspector to be
incomplete or not in compliance with this Agreement or any of the requirements
contained or referenced herein,Citywill inform the contractor of such items.Afterthe
contractor has completed these items, the procedure shall then be the same as
specified above for the contractor's initial request for final inspection. If items are
found by City's inspector to bu incomplete or not in compliance after two (2) "final"
inspections, City may require the contractor,as a condition to performing further field
inspections, to submit in writing a detailed statement of the work performed
subsequent to the date of the previous inspection which was found to be incomplete
or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdividershall(i)commence with construction and installation of the Works
of Improvement thirty (30) days following City's approval of the Plans
("Commencement Date"); and(ii)complete or cause to be completed all of the Works
of Improvement nine (9) months after the Commencement Date.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1,
City reserves the right to control and regulate the phasing of completion of specific
Works of Improvement as required to comply with applicable City ordinances,
regulations, and rules relating to the timely provision of public services and facilities.
4
In addition to whA&r other remedies City may have for W ivider's failure to satisfy
such phasing requirements, as the same now exist or maybe amended from time to
time. Subdivider acknowledges City's right to withhold the issuance of further building
permits on the Property until such phasing requirements are satisfies. Prior to
issuance of building permits, Subdivider shall provide satisfactory evidence that all
applicable requirements that are a condition to issuance of building permits have
been satisfied. Such requirements may include the payment of fees, construction of
improvements, or both.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1,
Subdivider's time for commencement and completion of the Works of Improvement
shall be extended forthe period of any enforced delay caused due to circumstances
beyond the control and without the fault of Subdivider, including to the extent
applicable adverse weather conditions,flood,earthquakes,strikers, lockouts,acts or
failures to act of a public agency (including City), required changes to the Scope of
Work required by City, and similar causes; provided, however,that the period of any
enforced delay 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 for Subdivider's claim to a right to extend its time for performance hereunder.
City Engineer shall evaluate all claims to Force Majeure and his decision shall be
final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement(or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdivider's failure to timely perform its obligations hereunder, Subdivider
recognizes that City reserves the rig ht 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 oftwo(2)years from the
date of this Agreement or within thetime 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
5
applicable the proing wage requirements promulgate*the Director of Industrial
Relations of the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee
or prospective employee with respect to such work in hiring, promotion, seniority, or
any other terms and conditions of employment on the grounds of race, creed, color,
national origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each 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 Sec,irk.
(a) At the time Subdivider executes this Agreement, Subdivider shall
furnish to City the following bonds, letters of credit, instruments of credit
(assignment of deposit account)or other security acceptable to City in its sole
and absolute discretion and satisfying the requirements of the applicable
provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful
performance of all of the Works of Improvement("Faithful Performance
Security Instrument"), in the amount of $83,703.33 estimated
construction costs listed in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to
contractors, subcontractors, and other persons furnishing labor,
materials, and/or equipment ("Labor and Materials Security
Instrument")with respect to the Works of Improvement in an amount
equal to $41,851.66 of the estimated construction cost referenced in
Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost
of setting monuments as required in Section 1.4 in the amount of
$5,000.00 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.
6
(b)*guired Security Instrument for Main4knce and Warrant. 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 $20,925.83 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 ofA-IX, as rated by the
current edition of Best's Key Rating Guide published byA.M. Best's Company,
Oldwick, New Jersey,08858.Any bank acting as surety shall have a minimum
rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of
credit, any letter of credit shall be an original separate unconditional,
Irrevocable, negotiable and transferable commercial letter of credit issued by
a financial institution with offices in the State of California acceptable to City.
Any such letter of credit shall specifically permit City to draw on same by
unilateral certification of the City Engineer of the City that Subdivider is in
default under its payment or performance obligations hereunder or in the event
Subdividerfailsto deliver 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
7
Imoement,in accordance with Section*Other than Instruments of
Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes maybe
made in the Works of Improvement pursuant to the terms of this
Agreement without notice to any issuer or surety and without affecting
the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider
agrees to cooperate with City to facilitate City's realization under any Security
Instrument, and to take no action to prevent City from such realization of any Security
Instrument. Notwithstanding the giving of any Security Instrument orthe subsequent
expiration of any Security Instrument or any failure by any surety or financial institution
to perform its obligationswith respectthereto, Subdividershall be personally liablefor
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 algtterof credit is given pursuant to Section 4.2(b),City
shall be entitled to draw on any such letter of credit if a replacement letter of
credit (expiring in not less than one (1) year, unless City agrees to a lesser
term in City's sole and absolute discretion) is not delivered not less than thirty
(30) days prior to the expiration of the original letter of credit, such substitute
letter of credit being in the same amount and having the terms and conditions
as the initial letter of credit delivered hereunder, issued by a financial institution
acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may
elect, in its sole and absolute discretion,to apply any such funds drawn to the
obligations secured by such letter of credit 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 pursuantto 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 Cityto 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:
8
0(i) Subdivider has made writtSequest for release and
provided evidence of satisfaction of all other requirements in this
Section 4.5;
(ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty
Security Instrument; and
(iv) subject to the following sentences after passage of the time
within which lien claims are required to be made pursuant to Article 3
(commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of
Division 3 of the California Civil Code. If lien claims have been timely
filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory
bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security
Instrument upon Subdivider's written request upon the expiration of the
warranty period, provided no claims are outstanding at that time regarding
defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall
be responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having
its authorized representative make the usual and customary inspections of the Works
of Improvement. In addition, Subdivider shall compensate City for all design, plan
check,evaluating any proposed oragreed-upon changes in the work.The procedures
for deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate
resolution or resolutions accepting all offers of dedication shown on the Map for the
Property,with acceptance to become effective upon completion and acceptance by
City of the Works of Improvement. Such resolution(s)shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer
of dedication.
9
7. Warrantyofva. Subdivider shall guarantee all Woof 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 otherthan improper maintenance, or if any
settlement of fill orbackfill 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 togetherwith any otherwork which maybe damaged or displaced
in so doing. Should Subdivider fail to remedy defective material and/orworkmanship
or make replacements or repairs within the period of time set forth above, City may
make such repairs and replacements and the actual cost of the required labor and
materials shall be chargeable to and payable by Subdivider. The warranty provided
herein shall not be in lieu of, but shall be in addition to, any warranties or other
obligations otherwise imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City fora default by Subdivider hereunder,such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative,legal,
or equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdividershall
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 defaultto completion, City shall have the right
to enter into the Property and perform any of the uncompleted work by force account
or contract or both and thereupon recover from Subdivider or any Security Instrument,
or both, the full cost and expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform
any obligation under this Agreement, Subdivider agrees to pay all costs and
expenses incurred by City in securing performance of such obligations, including
costs of suit and reasonable 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.
10
9. Indemnity. Slaivider agrees to indemnify, defendsl 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
onlythe parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create anythird party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement
integrates all of the terms and conditions mentioned herein,or incidental hereto, and
supersedes all negotiations and previous agreements between the parties with
respect to all or part of the subject matter hereof, except as may be expressly
provided herein.All waivers of the provisions of this Agreement must be in writing and
signed by an authorized representative of the party to be charged, and all
amendments hereto must be in writing and signed by the appropriate representatives
of both parties.
11. Corporate Authority.The persons executing this Agreement on behalf of the
parties hereeto warrant the (1)such party is duly organized and existing, (ii)they are-
duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by
so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any
provisions of any other Agreement to which said party is bound.
11
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
DATE L/�' ?b3
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
B ie, � ✓� —
Patricia A. Sanders, itty Clerk David Ready, nager
APPROVED AS TO FORM:
1y2
)i • City Attorney
CONTRACTOR:
The Heavenstone Collections, LLC
Palm Springs Canyon Gate, LLC, Managing
Member
(Check One: _ individual, _X_ partnership
corporation) ��
(Notarize Signature) B
M rr k Temple, Manager
Print Name and Title
APPROVED 1° 7FdE MT V "Subdivider"
Mailing Address:
707 Tahquitz Canyon Way East, Suite 23
Palm Springs, CA 92262
12
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
K; State of California
IQ, ss. "1I
County of -7?t Ve t-s i cd e
L
Ile On DR ile aO r a00 a before me,
I 'F
Data Nara,and Toe of Offee,(a g,Read par Nial"llefle)
personally appeared
N.me(,)of C,,.de)
Ili 1i
5(personally known to me
D proved to me on the basis of satisfacto
ry
a
evidence
jI
I ',
to be the persons) whose name(s) is/are d
subscribed to the within instrument d
IQ, acknowledged to me that he/she/they executed
It the same in his/her/their authorized [ ,I
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s)- or
I
r, the entity upon behalf of which the person(s)
acted, executed the instrument.
It,;{ AlversElde County i1, WITNESS my hand and official seal.
IQ
OPTIONAL
10 Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent
IQ fraudulent removal and reattachment of this form to another document o41
1( oil
Description of Attached Document
IQ
Title or Type of Document:
Q,
Document Date, Number of Pages:
Signer(s) Other Than Named Above:
wl
Capacity(ies) Claimed by Signer
is ka
Signer's Name:
L1 Individual Top of thumb here
El Corporate Officer—Title(s):
C D Partner—0 Limited El General
I. 0 Attorney-in-Fact
11 Trustee iJl
0 Guardian or Conservator it
El Other: JI
Signer Is Representing:
1999 National Nate,Ap5axatoa-9350 Do Solo Ave.,PO Box 2402-Chatsworth.CA 91313 2402-vivrw riallonalrielar,or, Fred No 5907 Reorder Call Toll Free 1 800 876 6827
• EXHIBIT "A" S
CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT
INDIAN CANYON DRIVE NORTH
6. The driveway approach shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum width of 30 feet
measured from the existing north curb face on APN 507-192-002 (replacing
existing improvements for Via Colusa now vacated).
7. Construct a minimum 4 foot wide sidewalk behind the curb to match existing
sidewalk as required along the entire frontage in accordance with CityofPalm
Springs Standard Drawing No. 210.
8. Construct an 8 inch curb and gutter, 38 feet EAST of centerline along the entire
frontage, with a 35 foot radius curb return at the SOUTHWEST corner of the
subject property per City of Palm Springs Standard Drawing No. 200.
9. 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.
10. Construct a curb ramp meeting current California State Accessibility standards
at the SOUTHWEST corner of the subject property per City of Palm Springs
Std. Dwg. Nos. 212 and 212A.
11. Remove and replace existing pavementwith a minimum pavement section of
5 inch asphalt concrete pavementover4 inch aggregate basewith a minimum
subgrade of 24 inches at 95% relative compaction, OR equal, from edge of
proposed gutter to clean sawcut edge of existing pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 340.
The pavement section shall be designed, using"R"values, by a licensed Soils
Engineer and submitted to the City Engineer for approval.
12. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK
shall be repaired or replaced.
ALEJO ROAD EAST
14. Construct an 8 inch curb and gutter, 38 feet NORTH of centerline along the
entire frontage of APN 507-195-012 per City of Palm Springs Standard
Drawing No. 200.
15. Construct a temporary 6 inch asphalt curb taper, 88 feet in length starting at a
point on the proposed curb and gutter 69 feet west of the east property line
and extending southeasterly ending atthe existing edge of pavement per City
of Palm Springs Standard Drawing No. 200 -Al-8.
13
16. Construct*in imum 5 foot wide sidewalk behiS6 curb along the entire
frontage of APN 507-195- 012 and 016 in accordance with City of Palm
Springs Standard Drawing No. 210.
17. Construct AC pavement with a minimum pavement section of 5 inch asphalt
concrete pavement over 4 inch aggregate base with a minimum subgrade of
24 inches at 95% relative compaction, OR equal, from edge of proposed
gutter to clean sawcut edge of existing pavement along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 340. The
pavement section shall be designed, using "R" values, by a licensed Soils
Engineer and submitted to the City Engineer for approval.
17A. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK
shall be repaired or replaced.
TRAFFIC
40. The developer shall provide a minimum of 48 inches of sidewalk clearance
around all street furniture, fire hydrants and other above-ground facilities for
handicap accessibility.The developer shall provide same through dedication
of additional right-of-way and widening of the sidewalk orshall be responsible
for the relocation of all existing traffic signal/safety light poles, conduit, pull
boxes and all appurtenances located on the INDIAN CANYON DRIVE NORTH
and ALEJO ROAD EAST frontages of the subject property.
41. Construction signing, lighting and barricading shall be provided for on all
projects as required by City Standards or as directed by the City Engineer.As
a minimum, all construction signing, lighting and barricading shall be in
accordance with State of California, Department of Transportation, "MANUAL
OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE
WORK ZONES" dated 1996, or subsequent additions in force at the time of
construction.
EXHIBIT "A"
TO SUBDIVISION IMPROVEMENT AGREEMENT
14
- ;SSUED IN QUADRUPLICATE BOND: 8269855
• premium: I00-00 f TWO YEAR TERM
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
FOR SETTING OF MONUMENTS
WHEREAS,the City Council of the City of Palm Springs, State of California, and The
Heavenston Collections. 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 30453 , is hereby
m
referred to and ade a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish
a bond for the faithful performance of said Agreement and the payment of the engineer or
surveyor for the setting of said monuments.
NOW THEREFORE, we, the Principal, and Developers Surety and Indemnity
Company, as surety, are held and firmly bound unto the City of Palm Springs (hereinafter
called"City"), and all contractors, subcontractors, laborers, materialmen, and other persons
Employed in the performance of the aforesaid Agreement with respect to the setting of
monuments, in the penal sum of Five Thousand DOLLARS ($5,000.00), lawful money
ofthe United States, for materials furnished or laborthereon of any kind, orfor amounts due
under the Unemployment Insurance Act with respect to such work or labor, and for the
completion of said setting of monuments,thatsaid suretywill paythe same in an amount not
exceeding the amount herein above setforth,forthe paymentofwhich sum well and trulyto 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 thatthis bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its
heirs, executors, administrators, successors orassigns,shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
Agreement respecting the setting of monuments and any alteration thereof made as therein
provided, on his or their part to be kept and performed at the time and in the manner therein
specified, and in all respects according to theirtrue intent and meaning, and shall indemnify
and save harmless the City of Palm Springs, its officers, agents and employees, as therein
Page 1 of 2
stipulated, and shall have provided to the City evidence that the engineer or surveyor, and all
said contractors, subcontractors, laborers, materialmen, and other persons employed in the
performance of the aforesaid Agreement with respect to the setting of monuments, have
been paid forthe 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 oftime, 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 itdoes herebywaive notice of any such change,extension of time, alteration oraddition
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 12 20 02
THE HEAVENSTONE COLLECTION, LLC. DEVELOPERS SURETY AND INDEMNITY COMPANY -
Principal Surety =
Attorney-in-Fact s. SMITH-BOWMAN
englfarmskfMhman bnd
Page 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
On &//C� /O<:(-7
-, before me, DANETTE JACOBS
PERSONALLY APPEARED S. SMITH-BOWMAN
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),and that by his/her/their DANETfE JAC08S
signature(s)on the instrument the person(s), or the entity upon behalf Commission#1357>ilti
of which the person(s)acted, executed the instrument. Notary Public-California
San Diago County
WITNESS my hand and official seal. MyCam.E)OmsApr 16,2005
Signature
This area for Official Notarial Seal
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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTRY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each severally,but notjouuly,hereby make,constitute and appoint
***STEVEN R. BONILLA, S. SMITH-BOWMAN, D. KOHL, JOINTLY OR SEVERALLY**""
as the hue and lawful Attonicy(s)-m-Fact,to rake,execute,deliver and acknowledge,1'or and on belialf of said corporations as sureties,bonds,undertakings and contracts
of suretyship giving and granluig unto said Atlorney(s)-in-Fact full power ,aid authority to do and to pefomi every act necessary, mquism or proper to be done in
connection thoiewilh as cacti of said corporations could do,but resevuig to cacti ofsaid corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,me hereby mlilecd and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by anihouty Of the following resolutions adopted by []tc respective Board of Directors of
DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,cffcclrvc as of November I,2000*
RESOLVED,ilia[the Chairman of the Board,the President and any Vice Picsidom of-the corporation be,and that each of tlicnt hereby is,authorized to execute Powers of
Attorney,qualifying the attor icy(s)named in the Powers ol-Auorney to execute,on behalf o'Ilia corporations,bonds,undertakings and contracts of suretyship;and that the
Scerotaty or any Assistant Secretary of the corporations be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED FURTHER,that the signatmes of such officcis may be affixed to any such Power of Attorney or to any certificate mlatnig thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or conle act of sui etyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8111 day of November,2000.
By
David H.Rhodes,Executive Vice President ,�,���Y AND/NO.,, COMPANY O�
PORq�.,F`�',, r.-L pPPORq', C-1,p P Z O
OCT s mo 0
1967 z
ep 1936 oe y
By J.
Walter A.Crowell, Secretary °7>�%.,• /OvyF ;•`-da cg41mo P
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 8,2000,bcf rc me,Dianc 1 Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in them authorized
capacities,and that by their signatures on ttrc instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal
I DIANE J.KAWqA
,
�J _ COMM.#1167928
w,Y frT✓\�, n - NOTARY PUBLIC-CALIF03%A N
Signature [' m ORANGE COUNTY
— MY Contra.Ern.Jan.B,2002
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hereby eerbfy that the foregoing Power ofAttorrey remains in full fncrc'dnd has not been revoked,and fiuthenuore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations sot forth in the Power ofAdvrncy,arc m force as.?f the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the. LZTHdav or -_JTTNF—
BY � __ �—,`-------�-- -
David G Lane,Chief Operating Officer
ID-1390(I1/00)
ISSUED IN QUADRUPLICATE BOND: 8269845
PREMI
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
The Heavenstone Collections 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 30453 , is
hereby referred to and made a part hereof; and
WHEREAS, Principal is required under the terms of said Agreement to maintain
and guarantee the costs or repair and/or replacement of defective materials or defective
workmanship in such improvements, which guarantee shall remain in effect for a period
of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter
called "City'), and to furnish a bond for the faithful performance of said Agreement and
the payment of all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of any such maintenance and warranty work.
WHEREAS, Principal has completed said work and the City has accepted, or
substantially concurrently herewith is accepting, said work, subject to the requirement of
delivery of this obligation.
NOW THEREFORE, we, the Principal, and Developers Surety and Indemnity
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 Twenty Thousand Nine Hundred
Twenty Six DOLLARS ($ 20,926 00 ), lawful money of the United States, for
replacement and repair of any and all defective materials or defective workmanship
within said improvements, and the payment of all materials furnished or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act with respect to
such work or labor in connection with any such maintenance or warranty, that said surety
will pay the same in an amount not exceeding the amount hereinabove set forth, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
Page 1 of 2
abide by, and well and truly keep and perform the covenants, conditions and provisions
in the said Agreement respecting the repair and replacement of defective workmanship
and materials thereof made as therein provided, on his or their part to be kept and
performed at the time and in the manner therein specified, and in all respects save
harmless the City of Palm Springs, its officers, agents and employees, as therein
stipulated, then this obligation becomes null and void; otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been executed by the Principal and
surety above named, on DUNE 12 , 2002.
THE HEAVENSTONE COLLECTIONS, LLC. DEVELOPERS SURETY AND INDEMNITY COMPANY
Principal Surety -
f.
" 9
Attorney-in-Fact S. SMITH-BOWMAN
Page 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
On &✓/-� /0�q , before me, DANETTE JACOBS
PERSONALLY APPEARED S.SMITH-BOWMAN
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose nante(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),and that by his/her/their DANE.TfE JACOBS
signature(s)on the instrument the person(s), or the entity upon behalf Commission#1357>i78
of which the person(s)acted, executed the instrument. NoWry Public-Caftmis
San Diopo County
WITNESS my hand and official seat.. AAyComm.Etgti as Apr 16,2006
GThis area for Official Notarial Seal
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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTIW(IES)
SIGNERS OTHER THAN NAMED ABOVE
ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly minted, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each severally,but notmintly,hereby make,constitute and appoint
***STEVEN R. BONILLA, S. SMITH-BOWMAN, D. KOHL, JOINTLY OR SEVERALLY**""
as the hue and lawful Attonncy(s)-m-Fact,to male,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts
of suretyship giving and grinning unto said Auorncy(s)-in-Fact full pewe' and nulhorily to do and to perform every act necessary, mquisitc or proper to be done ill
connection therewith as each of said corporations could do,but resciving to each of sail corpoiations full power of substitution and revocation,and all of the acts of said
Attomey(s)-m-Fact,pursuant to these presents,arc hereby ratified and confirmed.
This Powei of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice ['resident of'the corporation be,and that each of then hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)trained in the Powers ofAttorncy to execute,on behalf o] thte corporations,bonds,undertakings and contracts of suretyslulx and that the
Secic ary or any Assistant Secretary of the corporations be,and each of them heteby is,authorized to adest the execution of any such Power ofAttorncy,
RESOLVED,FURTHER,that the signatures of such effects may be affixed to any such Power of Attonicy or to any ccrtificatc relating thereto by facsimile,and any such
Power of Attonicy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be sighed by their respective Executive Vice President and attested by their mspectivc Secretary this 8�11 day of November,2000
By o o',y AND OOMPANVO.�
David H Rhodes,Executive Vice President ORgj
GpPP , ��'2i-,/ 2-x=OOpPOggT�C'-y-f,
OCT5 o 0
-m w 1967 z
y
B Wallcr A.Crowell, Secretary =7w.,, SOW ;raaa� cg41FOFl�xP
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On Novcr im'8,2000,before me,Diane J.Kawata,personally appeared David H Rhodes and Walter A Crowell,personally known to me(or proved to me on lire basis of
satisfactory evidence) to be the persons whose names one subscribed to the within instrument and acknowledged to me that they executed the same in then'authorized
capacities,and that by dimr signatures oil lire instrument the entity upon behalf of which the persons acted,executed the instrument
WITNESS my bond and official seal
t GOMM.#1167ATA
CMM.I.KAWATA
D . - NOTARY PUBLIC-CALIFORMA±
Signamrc L m ORANGE COUNTY
-- ---- MY Comm UP.Jan.B,2002
CERTIFICATE
The undcisigned, as Chic[Opcmting Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does
hereby certify that the foregoing Power of Attonicy remains in full force and bas got been revoked,and furthermore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations set Forth in the Power of AttOady,are m Ibrce as of the dale ofthis Certificate.
This Certificate is executed in the City of Irvmu,California,tiro_]2T_$day of. _JUKE_ 2002
C 14
By_ X_�' -
David G.Lane,Clucf Operating Officer - --- -- - -
ID-1390(11/00)
ISSUED IN QUADRUPLICATE • BOND: 8�845
PREMIUM: .� 1,674.00 / TWO YEAR TERM
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
The Heavenstone Collections LLC, a California Limited Liability Company (h rein
designated as "Principal") have entered into an agreement whereby Principal agre s to
install and complete certain designated public improvements, which said agreem nt,
dated , 20_, and identified as project Final Map No. 30453 , is
hereby referred to and made a part hereof; and
WHEREAS, Principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity
Company as surety, are held firmly bound unto the City of Palm Springs, (hereinafter
called "City"), in the penal sum of Eighty Three Thousand Seven Hundred Three
dollars ($ 83,703.00 ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions
in the said agreement and any alteration thereof made as therein provided, on his or their
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save
harmless the City of Palm Springs, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
Page 1 of 2
Faithful Performance Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal
and surety above named, on JUNE 12 , 20 02 .
THE HFAVENSTONE 'COLLECTIONS. TT.C. DEVELOPERS STIRFTY AND INDEMNITY COMFANv-._- --.-
Principal Surety
Attorney-in-Fact--S. SMITH-BOWMAN
Page 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO -7
On & .,—) before me, DANETTE JACOBS
PERSONALLY APPEARED S.SMITH-BOWMAN
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/theirauthorized capacity(ies),and that by his/her/their ' '^
signature(s)on the instrument the person(s), or the entity upon behalf DANETTE#1 1 351913519
Commission6
of which the persons)acted, executed the instrument_ Notary Public-CaGfomia
San Diego county
WITNESS mly/hhannd and official
seal. W comm.Expires Apr 16,2006
Signatured-
This area for Official Notarial Seal
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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OP PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
ISSUED IN QUADRUPLICATE • BOND: 82J&4S
PREMIUM: 'LURED 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
The Heavenstone Collections. 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. 30453 , is
hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Palm Springs to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held
firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of Forty One Thousand Eight
Hundred Fifty Two dollars ($ 41,852.00 ), for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount
hereinabove set forth, and also in case suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,
to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying
the same shall in any manner affect its obligations on this bond, and it does hereby
waive notice of any such change, extension, alteration or addition.
Page 1 of 2
Labor and Materials Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal
and surety above named, on JUNE 12 2002
THE HEAVENSTONE COLLECTIONS. LLC. DEVELOPERS SURETY AND INDEMNITY CL'tPAtsY_ --_
Principal Surety
Attorney-in-Fact s. SMITH—BO M
Page 2 of 2
STATE OF CALIFORNIA
SS.
COUNTY OF/ SAN DIEGO
On &11�q k before me, DANETTE JACOBS
PERSONALLY APPEARED S.SMITH-BOWMAN
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),and that by his/her/their fJANETfE JACOBS
signature(s)on the instrument the person(s), or the entity upon behalf Commission#1351916
of which the person(s)acted, executed the instrument. Notary Public-California
San Diogo County
WITNESS my hand and official seal. My Comm.E)0resApr 16,2006
Signature (Qalu l- &
( This areafor Official Notarial Seal
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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTRN(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
0-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
• POWER OFATTORNEY FOR •
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY TIi ESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each severally,but notjointly,hereby ntalco,constitute and appoint
***STEVEN R. BONILLA, S. SMITH-BOWMAN, D. KOHL, JOINTLY OR SEVERALLY**'
as the him and lawful Ahorney(s)-m-Fact,to male,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bends,undertakings and contracts
Of suretyship giving and granting unto said Altorncy(s)-in-Fact full powcr and authority to do End to perform every act necessary, requisite or proper to be done in
connection thcmwith as each of said corporations could do.but reserving to each of said corporations fall power of substitution and revocation,and all of the acts of said
Attorncy(s)-m-Fact,pursuant to these presents,arc hereby ratified and confirmed.
This Powcr or Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers ofAtmrncy to execute,on behalf of the Corporations,bonds,undertakings and contracts of suretyship;and that the
Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Powcr of Attorney,
RESOLVED,FUR'f1-IER,that the signatues of such officers may be Effixed to any such Power of Atlomey or to any certificate nelagng thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertalang or contract of suretyship to which it is attached
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8111 day of November,2000,
By,_
David H.Rhodes,Executive Vice President 'E�y ANC ENO•"•. OOMPANy OF
Oggrc(°?�Z°: _> OOPPORgT1cc�
ocT.s a o
oa= io? p 1967 DO
By: =oe 1936 See 2 a
Walter A.Crowell, Secretary yam ., �OWP , :`aDc cHOFOPNxP
STATF:OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 8,2000,before tile,Diane.1.Kawata,personally appeared David 1-I,Rhodes and Water A Crowell,personally known to me(or proved to me on the basis of
satisfactory evidence) to be the persons whose nines am subscribed to the within mstruunenl and acknowledged to lue that they executed the same in their authorized
capacities,and that by thou signatures on Nm mstrirmcrrt the entity upon behalt'ef which the per sons acted,executed the instrument.
WITNESS my hand and official seal.
DIANE J.KAWATA
�/� COMM.01167928
NOTARY PUBLIC-CALMORNIA
Signature _ m ORANGE COUNTY
My COM Exp.An.B,201YP
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hereby certify that the foregoing Powcr of Atinmcy remains in full force and fias ueI been revoked,and furthemmrc,that the provisions of Lhc resolutions of the respective
Boards of Directors of said corporations set forth in the Power ofA tiomcy,arc in fprcr,as of the date of this Certificate.
This Cedif/into is executed in the Cny of Irvine,California,tile" 12THday of" OUNE=_ , 2002
By
David G.Lane,Chief Operating Officer -----
ID-1390(1 1/00)