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HomeMy WebLinkAboutA4415 - PS MODERN HOMES SUBDIVISION TRACT 29934 r DOC a 2003—e43 1 54 08/21/2003 08:00A Fee:NC Page 1 of 4 Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Gary L. Orso Assessor, County Clerk l6 Recorder AND IWHEN RECORDED MAIL TO: I IIIIII IIIII IIIIII IIIII IIIII III IIIIIII III IIIII III IIII City 01 Palm Springs M N PAGE SIZE ;..11 ;L.N. NOCOR SMF MISC P. 0.Box 2743 Palm Springs, CA 92263 Athi: City Clerk ATR�HL REFUND NCHG EXPM V F Certificate of Correction(Monument Substitution)) p S ] Title of Document THIS AREA FOR RECORDERS' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) GARECORDER\RECORD RHQ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS P.O. Box 2743 Palm Springs,CA. 92263 Ott E oP TOfF O—rr l (No fee,Government Code 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF CORRECTION (MONUMENT SUBSTITUTION) I,DAVID L. WEDDLE,certify that I am a licensed Land Surveyor of the State of California,that Tract Map No.29934 was prepared by ROBERT S SMITH, RCE 26401 and is filed in Book 311,Pages 93 through 94,inclusive,Records of Riverside County, State of California,and that the following corrections to said map are made by me in accordance with Chapter 3,Article 7, Section 66469 through Section 66472 of the Subdivision Map Act. I am a Land Surveyor assuming the responsibility for placement of final monuments as noted below,in accordance with Chapter 4,Article 9, Section 66498 of the Subdivision Map Act. I hereby certify that a survey was performed by me or under my direction in June 2003. Monument descriptions shown on said map are hereby corrected as follows: SURVEYOR'S NOTES(SHEET 2 OF 2 SHEETS) CHANGE- 0 -- INDICATES SET 1"I.P. DOWN 6", TAGGED RCF 26401 SET NAIL AND TAG IN CURB AT PROLONGATION OF ALL FRONT LOT CORNER STAMPED RCE 26401. SET NAIL AND TAG IN CURB AT ALL B.C.'S AND E.C.'S EITHER PERPENDICULAR OR RADIAL TO CENTERLINE, AS APPROPRIATE,STAMPED RCE 26401. AT ALL REAR LOT CORNERS, SET I"I.P.DOWN 6"IN NATURAL GROUND,TAGGED RCE 26401. SET NAIL AND TAG IN CONC.FOOTING STAMPED RCE 26401 OR NAIL AND TAG IN FENCING MATERIAL, TAGGED RCE 26401,AS APPROPRIATE, TO: O -- INDICATES SET I"I P.,FLUSH w/PLASTIC PLUG STAMPED LS 5570. SET NAIL AND TAG IN CURB AT PROLONGATION OF ALL FRONT LOT CORNERS STAMPED LS 5570, AT ALL REAR LOT CORNERS, SET 1"I.P.FLUSH w/PLASTIC PLUG STAMPED LS 5570 OR SET NAIL AND TAG IN CONC.FOOTING STAMPED LS 5570 OR SET NAIL AND TAG ON TOP OF BLOCK WALL STAMPED LS 5570. III III I IIII III ! II II I II II 08/21�/?rC�43 GCB a • A • %,AND SG� J � / O Date 1uve' /4r �3 Signature: �� —+ De om A ;: David L.Weddle,L.S.5570 * EXP.N0095570 License Expires 9/30/05 N OF CAUFO0 Dated J0V6 24 000 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE Before me,the undersigned,a Notary Public,in and for said State,personally appeared DAVID L.WEDDLE Vj personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subsenbed to this instrument,and acknowledged to me that he(she or they)executed it. � �"� �q �sTMVIS Signature_ t�taiC.�/e/iL@A/Z� Z T rt rb��a�r,9Y��s4`a9-dmG`r� NOTARY PUBLX IN AND FOR SAID STATEa � A I f�l��.C�•i;;7_,1 i�eJiic;�?�w^�.R`SS4iy' - Ir� - �;,u.'.;... uJw;T�6:C,'fufl.rGsvi:-v"1�WuJ� 1�P.�`I CITY ENGINEER'S CERTIFICATE"'"' "'''"'"'�""""s"`''""""'""`'"'� 'this certificate of correction has been examined by the undersigned and my exammation discloses that changes shown hereon are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act. Date: 7 II Q h'�,� Signatures A t City of Palm Springs City Engineer David J.Barakian RCE 28931 License Expires 3131/07 IIIII II III I III IIIII III I III1 II 111IIIIIIII II r�s,'-2L`03 nP ¢5 9ea GARY L. ORSO Recorder P.O.Box 751 * COUNTY OF RIVERSIDE Riverside,CA 92502-0751 (909)486-7000 ASSESSOR-COUNTY CLERK-RECORDER P, e hRp/hiverside.asrclltrer..cmu enr off" NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Ca A h ,( Drav � S Commission #: I a 01 LP Place of Execution: V e r S l cA e C ou n+y Date Commission Expires: 3 , a b0 Date: 7 l2 q 103 Signature: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III III II es%e�4©f 44�r F ACR 186P-AS4RE0(Est.05/2003) Palm Springs Modern Homes Subdivision Improvement AGREEMENT #4415 R20186, 10-3-01 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and PALM SPRINGS MODERN HOMES, I LLC I I �I TABLE OF CONTENTS 0 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......................................... 7 4. Security.............................................................................. 7 4.1 Required Security.................................................. 7 4.2 Form of Security Instruments.................................. 8 4.3 Subdivider's Liability.............................................. 9 4.4 Letters of Credit.................................................... 9 4.5 Release of Security Instruments.............................. 10 5. Cost of Construction and Provision of Inspection Service............................................................................. 11 i i 5.1 Subdivider Responsible for All Related Costs of Construction........................................................... 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................ 11 6. Acceptance of Offers of Dedication................................... 11 7. Warranty of Work............................................................. 11 8. Default............................................................................... 12 8.1 Remedies Not Exclusive......................................... 12 8.2 City Right to Perform Work................................... 12 8.3 Attorney's Fees and Costs..................................... 12 9. Indemnity.......................................................................... 12 10 General Provisions............................................................. 13 10.1 Successors and Assigns......................................... 13 10.2 No Third Party Beneficiaries................................... 13 10.3 Entire Agreement; Waivers and Amendments.......... 13 11. Corporate Authority........................................................... 13 ii i SUBDIVISION IMPROVEMENT AGREEMENT thisTHIS S BDIVISION IMPROVEMENT AGREEMENT(this"Agreement")is entered into day of - 1c, 200/ by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California("CITY"), and Palm Springs Modern Homes, I LLC ("Subdivider"). RECITALS A. Subdivider is the owner of,and has obtained approval of a subdivisionmap for TractNo. 29934 in the City of Palm Springs,County of Riverside,State of California(the"Property").The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions,Subdivider,by the Map,has offered dedication to City the easements shown on the Map as Lot"A".City desires to accept the easement shown on the Map as Lot "A" for 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 ofImprovement"(as hereinafter defined)which are requiredto 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 ofthe streets,easements and other improvements and facilities,as shown on the Map,are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development ofthe Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1. Construction Obligations. 1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street,drainage,domestic water, sanitary sewer and other improvements(herein sometimes collectively referred to as the"Works of Improvement"),as the same may be supplemented and revised fromtime 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 $ 78,867.63. 1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing,Subdivider shall satisfy all ofthe conditions of approval on the tentative 1 map for the ProperOhe conditions of approval which have Aen 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 teens ofthis Agreement.Subdivider shall complete a functional or operable improvement or facility,even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks,incidental appurtenances,materials,and the like.If any omissions are made or information necessary to carry out the full intent and meaning ofthe Plans,Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions.In the event of any doubt or question arising regarding the true meaning of any ofthe Plans,reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist ofgeneral drawings.All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer.The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work.Without the City Engineer's prior written approval,no change shall be made by Subdivider or Subdivider's contractor to any plan, specification,or working or shop drawing after it has been stamped as approved. 1.4 SurveyMonuments. Before final approval of street improvements,Subdivider will place survey monument(s)as shown onthe Map in accordance writh the provisions ofthe State Subdivision Map Act and the Subdivision Ordinance ofthe City of Palm Springs.Subdivider shall provide security for such obligation as provided in Section 4.1(a)(Hi) and, after setting the monument(s),Subdivider shall furnish the City Engineer ofthe City ofPahn 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 requiredto perform Subdivider's obligations under this Agreement. 1.6 Chimes in the Work. The City Engineer,without invalidating this Agreement and without notification to any ofthe sureties or financial institutions referenced in Paragraph4,may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes ofthis Agreement and to protect the public health,safety,or welfare.The City Engineer shall notify Subdivider or Subdivider's contractor in writing(by Correction Notice)atthetime a determination has been made to require changes inthe work.No field changes performed orproposed 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. 2 1.8 No M my by City. The Plans for the Worof Improvement have been prepared by or on be ' f of Subdivider or its consultants or co,itractors, and City makes no represe.^,tationorwaf ,:,Ly,expressorimplied,toSubdividerortonnyotherpersonregardingthe adequacy of the Play s or related documents. 1.9 Authorit:,of the City Engineer. In addition to the authority granted to the City Engineer elsewhere'.. f his Agreement,the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of inaterials furnished and work performed,and all qt.,stions as to the satisfactory and acceptal' fulfillment ofthe terms ofthis Agreement by Subd:rider and Subdivider's contractor. 1.10 Docunr.its Available at the Site. Subdivider shall cause its contractorto keep a copy of all approved"'.aas at the job site and shall give access tl!ereto to the City's inspectors and engineers at all times. 1.11Insuection. Subdivider shall have an authorized rep.:esentativeonthejob site atall times during which V c rk is being done who has full authority to act for Subdivider,or its design engineer,and Subdividcr'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 regturements and intent ofthis Agreement,including the Plans.Ifthe City inspector requests it,the contractor at any time before acceptance of the Works of Improvement shall remove or tmeover such portions ofthe 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 supervi:;ion by the City shall not be considered as direct control ofthe individual workmen on the job f e.City's inspector shall have the authority to stop airy and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection ofthe workby City shall not relieve Subdivider or the contractor of any obligations to fulfillthis Agreement as herein provided,and unsuitable materials orworkmaybe rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1.12 Compliance With Law. In addition to the express provisions ofthis 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 ofthe work for failure of[lie contractor to comply with law pursuant to Section 1.11. In case of suspension of work for nary 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 ofthe Works of Improvement,Subdivider shall then request afmal inspection ofthe 3 work. It items are tlRd by the inspector to be incomplete o*t in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items.After the contractor has completed these items,the procedure shall then be the same as specified above for the contractor's initial request for final inspection.If items are found by City's inspector to be incomplete or not in compliance after two(2)"final"inspections, City may require the contractor,as a condition to performing further field inspections,to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts ofthe 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)cmrnnence with construction and installation of the Works of Improvement thirty(30)days follov Ong 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 Conunencement Da to. 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 s-,-vices and facilities.In addition to whatever other remedies City may have for Subdivider's fail.i-e 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 pen_tits on the Property until such phasing requirements are satisfies.Prior to issuance of building l:ennits,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 ForceMaieure. Notwithstanding the provisions of Section 2.1,Subdivider's time for commencement and completion ofthe Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider,including to the extent applicable adverse weather conditions,flood,earthquakes, strikers,lockouts,acts or failures to act of apublic 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 hareunder,shall not include any period longer than five(5)days prior to City's receipt of a written netice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extci ui its time for performance hereunder.City Engineer shall evaluate all claims to Force Maj cure,a^1 his decision shall be final. 4 2.4 Cont.Ius Work After commencement o4struction of the Works of Improvement(or sel rr ate 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 Reversicn 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 ifthe Works of Improvement have not been completed on or before the later of two(2)years from the date of thus Agreement or within the time allowed herein,whichever is the later,and if City thereafter initiates proceedings to revert the.Property to acreage,pursuant to Government Code Section 6 649 9.16 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 perfonming any ofthe Works of Improvement to comply with all applicable federal and state labor standards,including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring,promotion,seniority,or any other terms and conditions of employment on the grounds of race,creed,color,national origin,ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works ofImprovementto 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)Ot the time Subdivider executes this Agree*t,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 ofthe applicable provisions of this Section4 below(hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithfW petformance ofall ofthe\Nforks ofltnprovement("Faithfitl Performance Security Instrument"),in the amount of$78,867.63 estimated construction costs listed in Section 1.1. (ii) A Security Instrtmient guaranteeing the payment to contractors, subcontractors,and other persons firnushing labor,materials,and/or equipment ("Labor and materials Security Instrument") with respect to the Works of Improvement in an amount equal to$39,430,81 of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment ofthe cost of setting monuments as required in Section 1.4 in the amount of$300.00 ofthe estimated monumentation cost. Tlus 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 ofthe Works of Improvement and recordation ofallotice of Completion,Subdivider shall deliver a Security Instrument warranting the work accepted far a period efone (1) year following said acceptance ("Maintenance and Warranty Security Ins! 2ment"), with the amount of such Security Instrument to be equal to $11,135.41 c r the estimated construction cost set forth in Section 1.1 or a suitable amount dete i mined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Sect;on 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and oth=rwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) l;finds. 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 minimurn rating ofA-IX,as rated by the current edition of Best's Key Rating Guide publisl-ed by A.M. Best's Company, Oldwick,New Jersey, 08858. Any bank acting as surety shall have aminimurn rating of AA,as ratedby Moody's or Standard& Poor's. , (b) Letters of Credit. For Security Instruments which are letters of credit,any letter of credit shall bean original separate unconditional,Irrevocable,negotiable and 6 transferableomercial letter of credit issued by a financr*stitution with offices in the State ofCalifcrnia 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 orperformance obligations hereunderor in the event Subdivider fails to deliver areplacement letter of credit not less than thirty(30)days prior to the date of expiration of any such letter of credit and shall fat-ther be subj ect to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit,any Instrument of Credit shall bean 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 minimmn term of one(1)year after the deadline for Subdivider's completing the Works of Improvement,in accordance with Section 2.1(other than Instruments of Credit,which shall have no defined term or expiration date). (iii) Each Security hnstrument shall provide that changes may be 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'sLiability. While no action of Subdivider shall be required in order for City to realize on its security under any Security hnstrument,Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument,andto take no action to prevent City from such realization of any Security Instrument.Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto,Subdivider shall be personally liable for performance Linder this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall,within ten(10)days after written demand therefor,deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is givenpursuantto 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 7 original letef credit,such substitute letter of credit bei*the same amount and having the terms and conditions as the initial letter of credit delivered hereunder,issued by a financial insti'_ution 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 drawnto the obligations secured by such letter of creditor to hold such funds in an account under the control ofthe City,with no interest accruing thereon for the benefit of the Subdivider.Ifthe City elects to hold the funds in an account pursuant to the foregoing,City may thereafter at any tune 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 docmnents 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) Ci ty 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) subjectto the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3(commencing with Sect',)n 3114)of Chapter 2 of Title 15 of Part IV of Division 3 ofthe California Civil Code.If lien claims have been timely filed,City shall hold the Labor and Mat-�-'.ds Security Instrument until such claims have been resolved,Subdivider has lrovided 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 ofthe 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=Vent Subdivider is entitled to reimbursement from City for any ofthe Works ofImprovernent,sucl_reimbursement shall be subject to a separate ReinrbursementAgreement to be entered into between Subdivider and City prior to construction of the works. 8 5.2 Pay* to City for Cost of Related InspectiGaid Engineering Services. Subdivider shall compensate City for all ofCity'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 ofthe Works of Improvement until all City fees and charges have been fully paid,including without lhnitation,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 executelhe Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for aperiod of one(1)year from the date of final acceptance.If any ofthe Works oflmprovement 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 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 writtennotice of such defects,or within such shorter time as may reasonably be detennined 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 workinanship or make replacements or repairs withui the period oftime set forth above,City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider.The warranty provided herein shall not be in lieu of,but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder,such remedy shall be in addition to,and not exclusive of,City's right to pursue any other administrative,legal,or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder,in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 9 8.3 Atton Pees and Costs. In the event that Snider 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 ofthe 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 aparty entitledto attorney's fees and costs shall be entitledto 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,mid agents from and against any and all claims,liabilities,losses,damages, causes ofaction,and obligations arising out of Subdividees failure to perform the construction and installation of the Werks 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 Suer_ sors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdiv:der`s right,title,and interest in and to the Property and any portion thereof. 10.2 No`1_hird Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns.Neill icr City nor Subdivider intend to create any third party beneficiary rights in this Agreement in:my contractor, subcontractor, member of the gen—rl public, or other person or entity. 10.3 Entire 6.11,reement;Waivers and Amendments. This Agreement integrates all ofthe terms and conditions taentioned herein,or incidental hereto,and supersedes all negotiations and previous agreements between the parties with respect to all or part ofthe subject matter hereof, except as may be expressly provided herein.All waivers ofthe provisions ofthis Agreement must be in writing and si gibed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the arpropriate representatives of both parties. 11, Corporate A,-ihori . The persons executing this Agreement on behalf of the parties hereeio warrant the(1)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver!his Agreement on behalf of said party,(iii)by so executing this Agreement, such party is formaPy bound to the provisions ofthis Agreemen t,and(iv)the entering into of this Agreement does not violate any provisions of any other Agreementto which said party is bound. 10 IN WITNESS WHEREOF,the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. DATED: _d � ATTEST: //�� ry CITY OF PALM SPRINGS, CALIFORNIA O Patricia A. Sanders, City Clerk David Ready, City Mars i APPROVED AS TO FORM: City Att rna CONTRACTOR: (Check Or in idual, _X artnership, torpor r i (Notarize Signature) B Dermis anaging Member "Subdivider" Mailing Address: 74-140 El Paseo, Suite 4 PMB 520 Palm Desesrt, CA 92260 VV/ 11 AM I 0 STATE OF CALIF ;, (, }ss. COUNTY OF � � �` } On �� f � � before me, personally appeared ���f personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my aid and offi ial seal. Signature ` .zy?•,4`:9w• CJi�! 'Ff:Ni:EGOF?.`UCI-P I t ry_, i'`•� COMM.el iP7728 s PUBLIC.CALiMIN1A cc RIVERSIDE COUNTYfJ� my Comm.E;Virac Juna 20,M02 (This area for official notarial seal) EofDocument nt _ ` / �� No. of Pages %� not acknowledged 3008(1/94) (General) First American Title Insurance Company • EXHIBIT "A" CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT ARENAS ROAD LAST 3. Dedicate an additional right-of-way of 15 feet to provide the ultimate half street width of 40 feet along the entire frontage ofthe subject property in accordance with City of Palm Springs Standard Drawing No. 105. 4. Construct a 6 inch curb and gutter,32 feet SOUTH of centerline along the entire frontage of the subject property per City of Palm 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 w;th 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 of Palm 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 streetfutnitr.re,fire hydrants and other above-ground facilities forhandicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of'.he sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all apprutenances 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,I-parttmentofTransportation,"MANUAL OF TRAFFIC CONTROLS 12 FOR CONORUCTION AND MAINTENANCE ORK ZONES" dated 1996, or subsequent additions in force at the time of construction. EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT 13 Gulf Insurance Group Amemberof atigroup 110 West "A" Street, Ste. 1805, San Diego, CA 92101 BOND RIDER To be attached to and form a part of: Bond No. B32646955 effective 14°i day of September, 2001, Modern Homes I,LLC, as principal, and GULF INSURANCE COMPANY, As Surety, in favor of City of Palm Springs, CA, as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: Modern Homes I, LLC To: Palm Springs Modern Homes I,LLC Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: 09/14/2001 IN WITNESS WHEREOF, GULF INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 20t" day of September, 2001. GULF INSURAN�E COMPANY j N. Figueroa., Attcm_ ey-'n-Fact STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO) On September 20, 2001,before me, F. Griffin,personally appeared N. Figueroa, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose natne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MM#30-, 0 R { , NOTARY PUBLIC-CALIFORNIA (on SAN OICGO COUNTY -� U e My CO M ISSIon EVIL JUNE 16,2405 Signature r %- (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) •01'ULG C;R CF DRh's R �A,%,EUAFOMIM11, V VVs, )l9Gdt onlCNIMMl.n OF IlHio rFaWF.:Et OF OTTORMEV A2F MANTEir O(N GLUE OiTJET'PAPED^Udii-u uLc?L IN[I. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th clay of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority fo make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,flrms, or corporations as may be selected h om time to Time;and any such Attorney-in-Fact may he removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, m by the Board of Directors m by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,aclmowledge,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 N. FIGUEROA its true and lawful attorney(s)-m-fact,with full power and authority hereby conferred in its name, place and stead,to sign,execute, acknowledge and deliver in its behalf, as surety,any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as 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)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars dN M 8TNESSS IRMEMOF, Oho 6111i9 husivince Company has caused Chose prowess Ca he sdgiued by any aufiiucar oSthe Company and its Corporate Sees re he homia 10"ANad. SV RAN CE C ( eta oPooq r q C'YJY.EAT SYJRkPvTCE CtSIJr1,T'.z'bIaliC 'p Lavvrence P. Dffiianter STATT-7 ©F ?'rTL�VIYOMC �, 2 SS Sso E.,ecutiveVke Przside�rt COUPITfTY OF H E'y XORK - the Shus'Mft clay au Nesecahec,. .ttg. LP600, ho'aum cae canoe Laieveaace Wlfli6o�; lanovtn in ume lieusanauuy vutic,being by no c?=spy'ejern, itid iloposs an6 say:than he sesddes da¢ho cuuQ of 1,ecyon,100 ed Maw Jersey;IWa he is die E.roaautluo u9uae Freshieni of titre Out;tasara:aae Campauiy, the carpm&N000 rfesccdhod in acd whiM oe eaaVeh ipue Eaharra insdrarmoout.; f ru he fmovis'Llm sxlE of znkl eochacaoiaou; ChaC flee seat atndred Co o9ue seed insi,rnmeaa is such anrpaca¢o seat;FhaC i was se aCh;:eh by oro1er of the DOaur9 aC Dpuouloss a6 sauuu o®cN®radom aaad'dhas he sug:cod lSo�us flame,Ginn@ by Vhre UdX. �r�9eL3 CArp Apo a LDzvacl 'Lu 1�- �� Notary FuUlc,State oP New,Zarli STP,TF OF H0,fV 'iz®'c�.!l( �. cc; o, ¢ 2' No.02jkS9a3 I. EJTIPI Y C ©F 1 EVE`L(® ( � �� (R\0- f, �b���� Qoaii ed'un I� gs C® my f d�'�S Commission Exokes Deeemher 30,2001 Mci Undersigned, Ooedac 1fto Prcoldsad od Cho Gaupl insuaraaoco Osamhain" a 6V1pss0wi Corp@m1iBn, DO NERECV C MTIFY that She 6©va®adcug9 01 aCSae€uol ?oDlEOa OF 0fifWNIEY mmahis pa Rdif Mvcuu. �RANne 20T" ,SE�TEMBER 7rr01 Signed and Sealed zi the City o5 New'obdc. j��5 �� �o. Dotted the ^) Cda3*Jeer, f : J�o°�ao arm h tiYZ \ sow,i Lees�e 1R1ancz,ndn cerrie"�'1 nee '�'_esldeni 08/31/01 FRI 11:07 FAX 602 6 7024 BROWN & BROWN INSURE 9017 s, ISSUED IN FOUR (4) COUNTERPARTS BOND NO: B32646955 PREMIUM: $1,183.00/2 YR TERM CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND i WHEREAS, the City Council of the City oi'Palm Springs, State of California, ano MODERN HOMES I, LLC _ (herein designated as "Principal") have ntered into ark agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 20_, and identified as project _ I _ ARENAS_PROJECT.(24 T.H_) , is hereby referred to and made a part hereof; and ,WHEREAS, Principal is required under the terms of said agreement to furnish b bond w• : .:i For theif tithful performance of said agreement: :NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY as purety, " are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in tho penal SUM of SEVENTY EIGHT THOUSAND EIGHT_Mj%RED**dollars (s78,867,6�Iawful Rtone�,. of the *S= United.States, for the payment of which sum well and truly to be made, we bind ourseiv s, our SEVEN* heirs, successors, executors and administrators, jointly and severally, firmly by these prtsenxL � a The condition of this obligation is such that if the above bounded principal, hi 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 tote said agreenr ent 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 [herein specified, and in all respects accor ing to their true intent and meaning, and shall indemnify and save harmless the City of Palm S�Cings, its officers, agents and employees, as therein stipulated, then this obligation shall becot)r0 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 attorndy's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs Ad included in any judgment rendered.. The surety hereby stipulates and agrees that no change, extension of time, alteration or addititiii to the terms of the agreement or to the work to he performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bonds 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. 4 Page 1 or 2 08/31/01 FRI 11:08 FAX 602 6g024 BROWN & BROWN INSURE U 018 FaithM Pert'Ormance Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on QQJI Zp of MODERN HOMES I LLC___ __ GULF INSURANCE CONYANY I' ,a Principal -.. --_... Surety { f, Attorney-in-Fact DAVID C. BANFER i V • I I • M1 R I y lr' 7 1 1 Page 2 of 2 j I STATE OF CALIFORNIA } )ss COUNTY OF SAN DIEGO} On September 14, 2001, before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , WITNESS my hand and official seal. 17- "" �..,:,r�,, N. QRTI7_ COMM 92302 c7 4 . NOTARY PUBLIC -CALIfORNIFl w U "db' SAN UIEGO C4UN'iY r My C;ornm4a.^;Ion E'xplre� AUGUST Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Do;oN,"LS nF usBor B J3PEu of .au iTORNEY T`,HE 6 E"NN ED ORI BLUZ SAFETY Gil FLD 1gTi-l'i"EKt.ME. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the Slate of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance o: Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and cleliver a Power of Attorney constitu4ng as Attorney-in-Fact,such persons,firms,or corporations as may be selected from lime to time;and any such Attorney-in-Pact may be removed and the authority granted tun revoked by [he President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so Unsuited and certified by facsunde 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 DAVID C. BANFER its true and lawful attorney(s)-in-faci,with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as 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 attm ney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed The obligation of the Company shall not e)cceed three million (3,000,000) dollars. IM WITNESS WHERE0F, xple Gaa9E ioasuvanco Sonmpany iaas caused "'hose peessn"S to La sbgnop by any OiNcov of'Ri�e a amilmny and Ks covpovaie Saaf Go be homio a's6'or d. SV RAh Cp �``ooPRogar�oq GTJ1rJSUPARfCTE iC0IV1?IU.1a1'T' P. STAP OF 1kd1FVViI0-jR.sC �t SS w''sso�F` 1 awueeare¢ I' v1a alter C©IJD� Y OF PJFV11-yORI{ ��Y � Executive Vice presede;tt Oililk 'MUM day of Wovembev,A.B. 2090, hefom me cane Lawnence P. Minfor, p;nowu to odic parsouaHy w fa being by nae duly orraea,e, did bepaosa loll "y:ibal Sae msfdos in Zho Conniy of 00::gon, state ou Mew Jomoy;%&R Sao is i%o Exocaepwo Loco [ImsiduA of opae Cnpo Msueauee Uornpaaay, ''Mo coc;aeraiocea desufbod fu aaa] wbocb e:[ounueal Me ail©are baounrnom;44ae19 bo C[nows abe seaf of said corpacallon; 81a6 the Boni FKixod to dbs said onsivunneaa9s 23 sac4a 9avpniet3 Taal;thafl if was se ariivad by ovdev oil aba Dgavd of Dinactovs a6 said oospomllpuu and 4bai bc,sifirgo[As Hanna, tFiefe8o bIr ii a order. r !- David,)ate °d q U? �� taotary PetlS1ic,SEaae oPNew SCoch STATE. ®),C I"d UC©]�In 1� e�1 �ti .a '`6-` No.012,, 4958634 COU HT`1/ O I�FRVs J,70r,S f Le vG dv Qoa[i,'md in lungs CoLaty NLS Commission Expires a)ecembec 30,201 S,flba aoneers9gu od, S3uapov Moo Puespdont a6 9bo Gulf InSuvaoace CorklaW, a Missouro Covpovafllou, DO HEPIEW1 CFF—d H77V tb-f4 MG rovegob;g anal a rued 3d POWE t OF pTTU9 b9EU"vounainc po fail(ayso. Signed and Sealed at E9:e City of New Yorh. f S`r eo. D'aI¢dl the 14TH EZ'TEMBER �Il 6 o daY.r�'��'� sso�i niorVicrue euyesiada �i/ Seam®s•'�dcc w¢sndoEsa: 08/31/01 FRI 11:07 FAX 602 6 024 BROWN & BROWN INSURE 015 ISSUED IN FOUR (4) COUNTERPARTS BOND NO: B32646955 PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS LABOR AND MATT RIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, aqd,_ MODERN HOMES I, LLC _ _ (hereinafter designated as "Principal") have tntered into an agreement whereby Principal agrees to install and complete certain designated,' public improvements, which said agreement, dated 20_, and identified as!project AIFEidAS..,PROT is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon t1ho 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 (eommencitg 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, ate held firmly! bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materiplmen and other persons employed in the performance 7o,t7ft,tt�he�t�aBfpo�Trgesaid agreement and referred to in the aforesaid Civil Code in the sum of AF.IS-TALBTYT dollars; ($ 34,430 8'1)'. 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 atrorney's fees, incurred by the City in succCssfully enforcing such obligation, to be awarded and fixed by the court, turd 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 bepefit of any and all persons, companies and corporations entitled to file claims under 'Title 15 (comnk. racing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to glve 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 aird 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 shal) in any mantel• affect its obligations on this bond, and it does hereby waive notice of any such fhange, extension, alteration or addition, Page I of 2 08/31/01 FRI 11:07 FAX 602 6 7024 BROWN & BROWN INSURE Z016 I...abur"and Materials Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety',ahnve named, on .__ 09/14/ 20 ql MODERA DOMES 1, LLC GULF INSURANCE COMPANY Principal ----^ .Surely.. __..._._.-4._....., Attorney-in-Fact DAVID C. BANFEIt i i Page 2 ul 2 STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO) On September 14, 2001,before me, N. Ortiz, personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. u.��, � , n R` N. ORTIZ COMM En4. SANLM-GO COUNTY 0 y Commission Expires AUGUST'6,2002 Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 00M C; CC :'P., C<91 LII?7C," °1fi 9`w • PIM7,7 I fly fin, � Ii .i°T OFIJO MILgE OF dHIS-010EP, 01 1406 MEI!ARE PRINTED ON BLI E SAFETY MPIP,Vdi-iIi CCU],IM". KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of NAissouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by [lie Finance et Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms, or corporations as may be selected from time to time,and any such Attorney-m-Fact may be removed and the authority granter) him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President on 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 DAVID C. BANFER its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute,acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as 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 aitorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WIBITME os UMEREDE, the flu it Insoavaaca Coaa;maay has cacseul thane parosonts to be Signed by ally officer 0t€Eae Ga tatrang anr8 Ifs Carinovato Seal Ic he horoto @Ni,lod. ,Sl P o�s�op GULl I SLik?,b1,P CE SIT SS S d E ® 1' FS ®ll�I's � ssow Lavin eince P. Ncizniter E-ecut=ve Vice t?resadeni COUNTY CT� PI�41 C®fit � no"Ms lMft day at Novumbor,A.D. 2000, haGou,c Fire cilme Latweunce P. eTu Eev, knowoa eo nio peesoaaliv villa holly by aaa duly svaauF, CM, slaposo coarri sav:4Enui he rasil as la ion County ai Bargen, Sims ou toys Jo soy;that he is eVue Fxocuudiue Vice Frosi0ent e'd'die Cull luslwance Ceyualaaua,r, aiQ soilioca¢ooit a0cmillod ill cud onuhidl oa ec"Ind She ahave insfv'aunarIl; float Ins Cxaows fire saal a4 said ccii'"nation; that the seal affixed io fhc said isasfsanaenis is sopil car@iavale seal, Ehat i1 vras Be affixah by orderc 61 the Doavil of Birociors of said corporaflon avaQE Thai hc,siyuvG his svarae,tfaorats lay Me onueer. lJa,�A ©T ?, Laved]haft, rn �s Notary Pub9lc,State of-lew`York STIA`Tt� ®71HEVI✓TCORIE O SS _r 11o.02IA49586"d -- /f ����°vE3�A-�C'�_ufl Q ualil 2d in K:Igs Co City COT]1J ll Y 07 "�v�zZon:k J �flf=fdt=`�' Commission 30,2001 I,Hie avadersiongd, "eniau Inca IPrasO9saf a';uf-su CuuK insurtioce Corupnaay, a i,uuosaiocc Caop©r£tiao, DO HER71BY QFieTdFy thou fhe ixasegaiug ai fE zi:aeheii 'OWE2®F M-ITORMFY roraaioas is tuuiE 6arac. /surn� 14T" e SEPTEMBER SDOl Signed.and Sealed at the City o&New_ork. -�' .FeRA p- 1i3ated tkie �) m a✓fC'.�-a. �n"ssoo C—ea 'ae I a-aicar�n � Seaaier`i71ce T'cea'dcmi Gulf Insurancerau Amemberofcitigrqup 110 West"A" Street, Ste. 1805, San Diego, CA 92101 BOND RIDER To be attached to and form a part of: Bond No. B32646957 effective 14th day of September, 2001, Modern Homes I,LLC, as principal, and GULF INSURANCE COMPANY, As Surety, in favor of City of Palm Springs, CA, as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: Modern Homes I, LLC To: Palm Springs Modern Homes 1,LLC Said Bond shall be subject to all teens, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: 09/14/2001 IN WITNESS WHEREOF, GULF INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 20"h day of September, 2001. GULF INSURANCE COMPANY N. Figueroa;Attomn in-Fact { STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO) On September 20, 2001, before me, F. Griffin, personally appeared N. Figueroa, 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 saine in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. E GNIFFIN COMM. #1309007 � NOTARY PUBLIC-CALIFORNIA W U .` SAN DIEGO,COUNTY n My Commission Exp'ues i %i p �, .;,,,�,c:• JUNE 15,2005 Signature •�==" • ,..�1•�,r >✓`r=-,t,3"�-`' - fr li (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) •��E!9(l , 7�1��9JG�/,�WS=;9'(� 00Hf=,,'auJ'7t' t wjDnc:cnluindi fi 0 e/J-ER O)L4 AT TO)111 it `.Y ©[dEfl':EL'bAiLR OF THIS' PO SIFN OF IT e'©DMY APIL MIME© OH nI0_ME SAFETY tT PEP,M9E T N TEAL illfc. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under dte laws of the State of Missouri, having its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance & Ececuhve Committee of the Board of Directors of the said Company on the Dth day of August, 1993,to wit "RESOLVED,that the President, E(ecutive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by file President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the alforney(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 of 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 N. FIGUEROA its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as h any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed The obligation of the Company shall not exceed three million (3,000,000) dollars EN MY HESS Pl HEHOP, 0be GnIf bmurnnse Comparrlyp has rcl000 9 M330 prosun'�a uua be signed fly any nbficev ob Um IComp9ny and its C©rponabe Sold fu bo licioio aufbiod. so a,aia cF ° GULF ICE rC00 P � � t� o�-W 111 K 1 51'15:4 o: OF f-jq UT/Ol fir, CC %ssooe` Latvreaace P. A4L-if3¢r COUNT ( Oil' I�IIEWVO o recukfive'4 ace Pr denidewt Oil ihis'Mi bay of Nnven➢bev A.D. 2990, Move nine came p_aluiafl o P. NEfinlner, known to me personally uubu being lay tare duiv cw®coo, akki dcpoae and say: bind Eau resides in eGne a9u ie3y o6 Beageua, State eb Mow Jersey;bbeai he P ibo Exucnd%vo Uico PresbEuuf of ilia GuuVf fnsuuvauue Oonnpaaay, the covpavailon aiescrhhod in anni miildr olccuzeue the abaue hn5rurnaoi; ¢deli be knotnos file seal of said corpretdieaa; fill?@he soal affixed i® faao Sail Ensh3nuaaenis is -,Ge l c®rpavazu scal;ibai lib was so aifaxcti by girder of bile Ltunrif®f Bhrecbers of said eoavaora8hoae and film Sao signed his onanae, ifacrain by Him on!cr. j 1- 9�ML— na:vid,paYtii Notary Pubfic,State of New fork CTAn7f, QF Pti1)E'VP/it'�l't�Ia - S� [� No.02gA4950636 COUH Y OF la E-W 7C®RIIr �< UGge y© Qualified in dings county Commission Fxielres 132cem2ber 30,200E E,thn usu1ecsagnou, Safliev M`sco President at the Gulf hnsuoranco Doctpomy, a M?sss uvo Gurpnvaib®n, BO HEDEBV CE€dffr-I°kbeah:Gee zoregofs]r atiaoGiud POWER OF ATiTOL K11 venmfHs in f dl barcc. Signed and Sealed at flue Clt e rnAme_ g oi'1revv ®eP<. f GOPa✓a�A°0^9 La¢ed zEue p 20Tm ua� SEPTEMBER BLOI M F 3 , �/ Senior�V�ace Pres",Jenii ut.;S1/01 FRI 11:05 FAX 602 66" 7024 BROWN & BROWN INSUR!" 7E IsJj011 r' ISSUED IN FOUR (4) COUNTERPARTS BOND NO: B32646957 PREMIUM: $100.00 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 MODERN HOMES I, LLC_ (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 _ARENAS PROJECT (24 TOWN HOMES) , is hereby referred to and made a part hereof; and - — WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments, NOW THEREFORE, we, the Principat, and GULF INSURANCE COMPANY , as surety, - ano held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contrahtors, 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 THREE HUNDRED AND NO/1o0 _DOLLARS ($300.00 , lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monutttents, that said surety will pay the same in an amount not exceeding the amount hereittabove 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(commenciing 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 issigns in any suit brought upon this bond, The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monuments and any alteration thereof made as therein provided, on his or their pan to be kept and performed at the time and in the manner therein specified, and in all respeets according to their true intent and meaning, and shall indemnify and save harmless the City of Patin Springs, its officers, agents and employees, as therein stipulated, and shall have provided Page I of 2 08/31/01 FRI 11:05 FAX 602 66' 7024 BROWN & BROWN INSURP""E IM012 to the City evidence that the engineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs And included in any judgment rendered. The surety bereby 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 SEPTEMBER 14 , 20 Ql MODERN HOMES I. LLC GOr.F TTI-ITRANCE COMAxv Principal surety Attorney-in-Fact DAVID C. BANFER ngM.imWxlm.n ix.1 Page 2 of 2 STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO) On September 14, 2001, before me, N. Ortiz,personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instniment. WITNESS my hand and official seal. x• ,, CGMNN. ORTIz . TIZ 02 gU ,ry� NOT PUBLIC-CALIFORNIA N SAN DIEGO COUNTY _. _ My Commission Expires AUGUST 6,2002 Signature �J (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 5RULFF H113"I1 OG'H G 96uLS OF fll13 POW EO OF C^TVMM!II-V EASE PPfNFED Ski OLUE SAFETY PAPE4'o yydTG-0 aLC3L 06MBSI. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under ire laws of the State of IAissoun, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that[he President, Executive Vice President or any Senior Vice President of the Company shall have authority [o make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms, or corporations as may be selected [loin time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by[re Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,aclaiowledge, 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 aitached." Gulf Insurance Company does hereby make, constitute and appoint DAVID C. BANFER its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as 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)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. BN @NG MESS WHEREOF, SBoe Uaiff fnsurausa CBompauy iaas causal IBoesp pyeseuis to be signed by any oliiuey of ibe Gompanj,Hied Ps Oo,pomte Seat/ Eu be bevcle affixed. �aa�xcE OdJrSSJPAa1 TCE OCa1fi13) I"jV' P. � �0(tiPOggT� oo STATE OF PJM)VerOIRfI SS sSoo Pv Levi ence JP. 1 itiiiec COUINITY OTTiEhPJ1rO FJ, EaecHteveWSce, Presi_rem¢ ce IGops'MM Bay oI Goo ea�fouy, A.©. 2800, Left ere lu o came Lnwyooaco P. dVipoiSey, Stuowu to ease p0i'sonsHy lutoo DOME by too x?uly Bsrme, good Ciopovu 1-nd say:'iGaal Boc vesirlus Bu SGaa counfu go'Daryon, Stale BE woof jaysuy; 'ha2 Beg is MV o,,eouiice Meo Pyasidput of-Gfe Gull Gusuvaure CIird pasy, Mo aorpaumUsn BOSCAbor9 in cud tuhicli "'enNiSpol Hia 9fooa c iuslvoaueul; afoot Be imows Hoo sea@ of Bald ooyeovatinu; l;aat She loaf aSfleed to the Sam insEquiiTopuES is suBBo cor'pgale Beef,EBoai fl was so alHl ed by Borde,9;Uou Som'd BE uivcciam oa safd coupovalloo lied Gbat 110 signed /1Ma na�uoo,Margin Jby, film avrVev. ➢David ja£a STA ll E OF NTT-1W�'O �, Votary Public,State of PJew o¢ic 03 �CO'JI�I Y g211 HEVJ I®L lE JJ `�I✓D xG a` Qualified in vUrogs�County Commission Expires December 30,200I I, lies eiaodpusoguod, sco&r dice President at tho Buff fi suyauoe Cwao;oaay, a ilfI^BssuuvB Ouitoomfiou, DO KEFirpT°CER'G't6 y Ibai Hop oelegolug and 2SSacBscei POWER OF CE9t'Ol"MEY cornapns Gn iuGB Igue. _ _ --- Signed and Sealed at E➢no City of IV®w L�®c8c. qP�q eo r�aued flree 14 eay Gf SEPTENMER 201 -�o yJ,,,a�ii���yY 2 r; ,�-�1V" r���[% ✓J1..'w ,.i. . ...rw%.',� =F v �o rt �La /jq e rrs`�i neuanesvlce Frtes dens Gulf Insu ante 0�11 me be �+A m raf citigroup 110 West "A" Street, Ste. 1805, San Diego, CA 92101 BOND RIDER To be attached to and form a part of: Bond No. B32646956 effective 14°i day of September, 2001, Modern Homes I, LLC, as principal, and GULF INSURANCE COMPANY, As Surety, in favor of City of Palm Springs, CA, as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: Modern Homes I,LLC To: Palm Springs Modern Homes I, LLC Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: 09/14/2001 IN WITNESS WHEREOF, GULF INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 20th day of September, 2001. GULF INSURANCE COMPANY II''I � N. Figueroa, Attorney-ii act STATE OF CALIFORNIA } }ss COUNTY OF SAN DIEGO) On September 20, 2001, before me, F. Griffin,personally appeared N. Figueroa, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .�+� F. GRIFFIN I{ COMM. #1309007 0 NOTARY PUBLIC-CAUFORNIA .,j j - U e Nt connimiiGSslaiExpires Signature o •,/. _.> Y JUNE'15,2005 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) •(11U I1 F IIM58`.1:9 0..,If9UIE G D IVI AH"b, • iD(R[GIML"a U,Tlllo IDMI I'D DG 1DD F`'. ;'dG PEEN TED CM BLUE WE 7 C'.WF' n\149i4'"8i 7EAL FIN. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insuance Company,a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance 81 Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Ececutive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to tome;and any such Aitorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,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 Aitmney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimde 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 N. FIGUEROA its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as 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)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed The obligation of the Company shall not exceed three million (3,000,000) dollars. M WITNESS WHEEEN, Mo Qmnd§h3sonu ca Doouhany has Ummaq tlUoso i3rosents to 6o signed by any officer o?the Company and HS Corporate Sea.i to he hem'W wutl;;ed. SURAfsC� ST,TE OF PiFn-wT om- �, SS 1/? soue` Laxrence P. lbkiareteir COUNTY OF NEIN-'ORK y Executive Vice President Oil this'igeh dwy of Mtiuclohav, A.D. 2d00, beicE'e sae came Lwwvence P. Stoner, known to nee pevsonahy who heing by me dolp suioso, did t'upose nncl sale:that Sue vcaddes in the County of Flevgan, Strata 0G Now Ms2y;thm he is tho Eucciflivo Vice pvosldeoui of floe Galt lasovaoce Compaq, ML coUpovaitdaii doscrohed on arld vjMch escelnhad ¢due abeam iesirwU➢ene;that ho Ennuis Ehe seal of said coslaosatiosx; diai the seal ROxerd to the sairl insininteois ds such covduosaia seal;that ifi was so aRihad by osdos of the Board of DirecieU's of said oev Doe'atbon and Him he sfgnne\)> hie name,th2rotoo�/by titre crow. , Owete NWaq Eube,State Po f N ew Z brLSTATE OF NEIAl1ORK �� No.02DA495cs3m C0UlNjTz OF nIEF1 OPC J Qualified in Kings CountyOct, Conmission Expires 1)ecenttxer 30,ZOO! 0, hae ou:dersidno¢G,5aoicU'4➢ioc Pu'esddeUut of 3dU Golt Insurance9oan3aaoy, a Mlssenxo Dnrhoca[ooUu, D13 HEEL&D'd DEi,T tlP,that ffie loree.omp and attached '?DU EPA vcmaics hi WN lows. Tx Sigaec4 and Sealed at tau¢City of IVew7C®ulc e s �o Dated die ZO ��s -g, SSE TElVIBE$ �doI 1 L' IfA in'f 16? R l�LJ.CS �1 '1(tJ .So� � �es3CFe �la7RCaP£'L5 :1F31aoP`l�iC2 7 esidertt ,8/31/01 FRI 11:03 FAX 602 66' 7024 BROWN & BROWN INSURP"^.E 013 , ISSUED IN FOUR (4) COUNTERPARTS BPOND 2G648356 RERCITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and MODERN HONES I, LLC (hereinafter designated as "Principal") have entered into at; agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated _... 20_, and identified as Project ARFNas PROJECT (24 TMK HOMES) , is hereby referred to and tnade 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) y4r 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 GOLF INSURANCE COMPANY as surety:, are held and firmly bound unto the City, and all contractors, subcontractors, )*borors, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (I) year from and after the date of completion and acceptance of said work, in the penal sum Of ELEVEN THOS. ONE HUNDR.THIRTY FIVE** DOLLARS ($11i135.41 1, lawful money of the United States, for replacement and repair of any and all defective materials or defective workr'nanship 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 rile claims under 'title 15 ! s (commencing with Section 3092) 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, " i Page I of 2 ' :I va/al/ul NRi 11.06 FAX 602 6F' 7024 BROWN & BROWN INSURA""^E R014 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 Spiings, its officots, agents and employees, as therein stipulated, then this obligation becomes hull and void; otherwise it shall be and retrain 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 _ SEPTEMBER 14 20 Q1 i . MODERN HOMES I. LLC _ GUJjF INSURANCE COMPANY _ Principal Surety Attorney-in-Fact DAVID C. BANFER Page 2 (if 2 STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO) On September 14, 2001, before me, N. Ortiz,personally appeared David C. Banfer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. CUMfv1. #t1192302 U NOTARY PUBLIC-CALIFORNIA sin N '�° 4AN DIEGO CpUNTY ,�, � +' My Commission Expires Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) •«��J'�C= �69�1i9��12G"9':�',� U;i`il(,���l�G➢�" BPlGIMALS BF' ilS C'WF2 a OF E'd TO EVFY ACNE Pi"WED ©VJ BLUE G[aFETY PAP-R WITiV TEAL lNC€. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Missouri,having its principal office in the city of Irving,Texas, pursuant no the following resolution, adopted by the Finance of Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-m-Fact,such persons,firms, m corporations as may be selected from time to time,and any such Altai ney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall he construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may,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 DAVID C. BANFER its true and lawful atiorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as 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)-in-fact, pursuant io the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. ON WITNEGG IMHEEEDF, 'Liao GuN loscuacce Coaaufuany has caoseh Eaoso lcvescnts do be signed by any offices,os'oho Conipacy and dis Boapcvate Seen to he hasef.o affl)[Od. BRAN CF \�s i-, oo UUd.F��SU12PoPdCE C©1'Jd)c'le�l`d5C S'➢ATr-, OF rw11F47V`lOLP FC �, S5 °'scow I,aevrence P. Iveiniter F—cattiveVice President UUUPITSC Of HfW-1l®t�rC Do this filth ¢gap of Movremhor, A.D. 2000, hetoro me came Lawvence P. Rlindter, huaown no nag peesonaliy(ti'ho heing B one dciy suuom, uiid ciagctsc and sail:that he msides hu uhe Coumah,of Decagon, Slate of Mow dovsoy;that he :Ls Eve 2mcitive Pddse President of the Gulf Insivancc Cgmpanh, the corpor2lion descu'dhoh in aaaaf which execuuied the abovo iushuunistc; that he inaows the soal of Sahli covpecaaion; Mai Um sea§ atfixeii is ilici sadd icsdin-flools is scch covgaorato seal;that h was sn a6Vuxed by aster r6 the Deavh of DVveetncs off saiE corperafdon awrt chat ho sillnne\1d his name, ihevoto bay Hi[e cvaev. C ©T�iTr David Ja.Ff°r Cn �„ NoYay a ubinc,St a¢e of New S(oric ^S`I ,-fE O-F PHOvtf'/OR--K `�. SS o ❑: Na.0JAs958034' COUl=7TW ©'Td1CW4/;C�1R1` �� its Z1B94� �fl Q ualikd in Kings County ®F N Commissioi Expires December 30,200? 1,tho lic¢Vovslugoaod Sonfai Ifte Pmsldoei 0i 6hc GnlElesaacance P ompany, a Nfissciod CorPmca?doau, DO HERE-EV GE13T IFY:hat 1ho o cre eiaa®aing attached P0ULYEh OF ATGPStEV v one niok-2 in iiiB fovcc. Signed and Seated at the City®r Naw°lor(c. SJAH q oo \ Doted the V 14TH day?.ruc-j-'EETEIVIBEI2 2001 oo, arm��° Amp p`-Ii WL � di, ^✓ SOU' C-Cor�s-✓}'e r�7aPilQ:�1QZ`Y �2JilSfSr V➢Ce �'''1"e�;,Ul2s:➢�