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HomeMy WebLinkAboutA4312 - SOUTHLAND GROUP SUBDIVISION Subdivision ImprovemeL�greement DOC ti 0000-496474 12/13/2000 08:00A Fee:NC PLEASE COMPLETE THIS INFORMATION 1 of 27ON Recorded in Official Records RECORDING REQUESTED RN County of Riverside Gary L. Orso Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO: I IIIIII IIIIII IIII IIIII IIIII IIIIII IIIII III IIIII IIII III CITY OF PALM SPRINGS P.O. Box 2743 Palm Springs, CA 92263-2743 M S U PAGE SIZE GA PC OR NGCpR SMF MISC i A_ R L COPY LONG REFUND NCHG EJ{Ald SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS andlWjl� THE SOUTHLAND GROUP Southland-Group Subdivision Improvement Agr AGREEMENT #4312 R19939, 11-15-00 1 e � Subdivision Improvemen. reement TABLE OF CONTENTS 1 . Construction Obligations.................................................. 4 1 .1 Works of Improvement........................................... 4 1 .2 Other Obligations Referenced in Conditions of Tentative MapApproval........................................................ 5 1 .3 Intent of Plans........................................................ 5 1 .4 Survey Monuments................................................. 5 1 .5 Performance of Work............................................... 6 1 .6 Changes in the Work............................................... 6 1 .7 Defective Work....................................................... 6 1 .8 No Warranty by City................................................ 6 1 .9 Authority of the City Engineer................................... 6 1 .10 Documents Available at the Site................................ 6 1 .11 Inspection............................................................... 6 1 .12 Compliance with Law................................................ 7 1 .13 Suspension of Work.................................................. 7 1 .14 Erosion and Dust Control and Environmental Mitigation.. 7 1 .1 5 Final Acceptance of Works of Improvement................... 7 2. Time for Performance........................................................... 8 2.1 Commencement and Completion Dates......................... 8 2.2 Phasing Requirements................................................. 8 2.3 Force Majeure.................:.......................................... 8 2.4 Continuous Work........................................................ 8 2.5 Reversion to Acreage.................................................. 9 2.6 Time of the Essence.................................................... 9 3. Labor.................................................................................. 9 3.1 Labor Standards.......................... .............................. 9 3.2 Nondiscrimination....................................................... 9 3.3 Licensed Contractors.................................................. 9 3.4 Workers' Compensation.............................................. 9 4. Security.............................................................................. 10 4.1 Required Security....................................................... 10 4.2 Form of Security Instruments....................................... 10 4.3 Subdivider's Liability................................................... 12 4.4 Letters of Credit.......................................................... 12 2 III I I I III II I III I I I II II II I IIII!.I III lfd2 of Ro e 2 1?/l pDR Subdivision Hnprovemelegreement 4.5 Release of Security Instruments.................................... 13 5. Cost of Construction and Provision of Inspection Service.......... 13 5.1 Subdivider Responsible for All Related Costs of Construction.............................................................. 13 5.2 Payment to City for Cost of Related Inspection and Engineering Services............................................. 13 6. Acceptance of Offers of Dedication........................................ 14 7. Warranty of Work................................................................ 14 8. Default............................................................................... 14 8.1 Remedies Not Exclusive............................................... 14 8.2 City Right to Perform Work........................................... 14 8.3 Attorney's Fees and Costs............................................ 15 9. Indemnity............................................................................. 15 10 General Provisions................................................................. 15 10.1 Successors and Assigns................................................15 10.2 No Third Party Beneficiaries...........................................1 5 10.3 Entire Agreement; Waivers and Amendments...................16 SUBDIVISION IMPROVEMENT AGREEMENT 3 IIIII I IIIII I I IIIII IIIII Ililll(IIIII II!III��III(III 1 2aNN3 of A0 6 2S�eaR Subdivision Improvemeogreement THIS SUBDIVISION IM ROVEMENT AGREEMENT (this "Agreement") is entered into this day of Call.( _O F 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and THE SOUTHLAND GROUP ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 26364 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 for public use the streets and easements shown on the Map as Lot(s) "B", and "C" and City desires to accept the streets and easements shown on the Map as Lot(s) "B", and "C" for public use, and certain other improvements described in this Agreement. C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property. D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed. COVENANTS Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein. 1 . Construction Obligations. 1 .1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are 4 III li II 11 I it III II II lil II 1 0"of 2709R Subdivision Improvemeogreement referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $218,086.00. 1 .2 Other Obligations Referenced in Conditions of Tentative Mar) Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit "A" hereto. 1 .3 Intent of Plans. The intent of the Plans referenced in Section 1 .1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design 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 of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's 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 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monurent(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). s IIIII 1111111 I l 111111111111111111111111111111 11111111 13 iz,�ad rE 57 OR Subdivision Improvemen0greement 1 .5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1 .6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1 .7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1 .8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1 .9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1 .10 Documents Available at the Site. Subdivider ,shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1 .11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the 6 IIIIII IIIIII II I III IIII IIIIIII II 11 III 12/13V A9F2 e,13a Subdivision Improvemeiegreement City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be 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 of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1 .13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1 .11 . In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1 .14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, 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 of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. 7 III II I IIIII IIII III I II II II III IIII III IIII II II 12l eeC7�f 2a�S79F Subdivision ImprovemeAreement The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement nine (9) months after the Commencement Date. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1 , City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfies. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. 2.3 Force Majeure. Notwithstanding the provisions of Section 2.1 , Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the 8 III I I II III III III IIII ��I II II 12 0©2 o 28�R0R f Subdivision Improvemerogreement S work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.1 1 -66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement 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 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to 9 IAI I I II I l l III III IIIII I III 11111i I III '' 0 s f E7 eaa Subdivision ImprovemeiGgreement • 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. (a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"): (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $21 8,086.00/100% of the estimated construction costs listed in Section 1 .1 . (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and materials Security Instrument") with respect to the Works of Improvement in an amount equal to $109,043.00/50% of the estimated construction cost referenced in Section 1 .1 . (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1 .4 in the amount of $3,350.00/100% of the estimated monumentation cost. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted far a period of one (1 ) year following said acceptance ("Maintenance and Warranty Security Instrument"), with the amount of such Security Instrument to be equal to $54,521 .00/25% of the estimated construction cost set forth in Section 1 .1 or a suitable amount determined by the City Engineer. 10 II IIII I II Iz i zuSfG 7I0aH Subdivision Hnprovemelagreement 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the Director, Department of Transportation of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one 01 year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other tt II II II II III III I II II L 11 II lci t�F11 y£ S2 nryR Subdivision ImprovernAgreement i than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument 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's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument 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 under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days 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 given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1 ) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a 12 I llll 11 l lll�l 11 l lull lilll 11 111 llll 111 lull � II III 12112.1 iz4oc13P�&&A Subdivision Improvemelogreement • security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 13 II I II 1 I II III III II II 111 i s 1 Dra 27oaFi Subdivision Improvemenwreement 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1 ) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1 ) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled. 8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event 14 H3, 0 POA Subdivision ImprovernAgreement • 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. 8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole negligance or wilful misconduct. 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. is II II II II I II III IIII II �� II iz. ©ris or�z�i,eR Subdivision Improvemelegreement • 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. 16 II I I IIIII II I III I II I II II II III IIII II III i2;iC]706'f 2 caa Subdivision ImprovemedWreement 0 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. CITY OF PALM SPRINGS, CALIFORNIA DATED: 4 2,e u� �(, �C; �3 By:_ �— City Manager „City" ATTEST: City Clerk APPROVED AS TO FORM: City Arttto ney Dated: The Southland Group By: _. �4 f STEVE D&ALBY Its: President "Subdivider" Address: One Columbia Aliso Viejo, CA 92656 17 WL F,?�fin [ . Il' IrJh cs ll`t'1:7, c;r»�JIZIJ�_ ?a/?00 Go lc e F A �ZEP, f� STATE OF CALIFORU }ss. COUNTY OF On / Z 3 oD0 before me, — personally appeared 1�-L 1: 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 signatures) 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. pp Signature � v+4`m'�:'4t IM,itJY d'l. �I111 VUY�4A� ts�^+ •�`"=.r,=7- iloiary F'uhllc Callfonlla Ca Aeo- 7,ti' ORANGE COUhd1Y �N1y Commission Exp 11211102� (l his area for afhcml nalsml scaq flue of Document Date of Document_ No. of Pages Other signatures not II II II I I I I I III II II II 12 13/1JO I8 0£027G0R 3000 (1 91) ICfc•ncr Fir l i inonc'm Tillo Insoranc�• 1',ia'I^ CALIFORNIA ALL-PURPORACKNOWLEDGM ENT <;,v`- r-C`-^:�C`,^.^,.-�",C%�C`��.n:,M^C:�<%i.-.MSS,",,,.^ C`., .— r�`,r`C`�,^(;M��•C�:�C;%(`.^C;'^C`,C` i ,C:.���;;��C:r�.C'Y,^.(:M��,CY,�:y, 0 State of rl �( County of On � before me. f �Z 6 // � ��j Ozt �✓� PSale Name a�tl Mlle Ofhcpr(e g,'v3ane Doe,Notary PubLa'") Y o personally appeared QC e_z //�� 4�� x�(kss�, Narl of Signer(s) -�� �I �� ersonally known to me--Off E}proved-to-me-on-the-basis-cif-satisfactory-evidence-to be the personQ ',I whose nami is6- subscribed to the within instrument and acknowledged to me that he/sh VIT executed the I same in his/he gF�uthorized capacito )?and that by u his/he elr ignatureiI the instrument the person, -� or the entity upon behalf of which the person( acted, �S executed the instrument. ELAINE f �" „ ' .•. L.WEDEKIND COMM.*1206934 3 NOTARY PUBLIC-CALIFORNIA� WITNESS my hand and official seal. 7� RIVERSIDE COUNTY 0 1 COMM.EXP.FEB.3,2003 of Notary Public << OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent I fraudulent removal and reattachment of this form to another document. c, 110. Description of Attached Document 31 h'I Title or Type of Document: oil 10 f l Document Date: Number of Pages: �I Signer(s) Other Than Named Above: 1 I C Capacity(ies) Claimed by Signer(s) �I Signer's Name: Signer's Name: <� ❑ Individual ❑ Individual fi.� El Corporate Officer ❑ Corporate Officer IC- Title(s): Title(s): � ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General 'I ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ,°� [IGuardian or Conservator ElGuardian or Conservator F ❑ Other: Top of thumb here ❑ Other: Top of thumb here `1 if `' CI tll c, p Signer Is Representing: Signer Is Representing: C �I <� (I it �..�•,� - w:%7^. �.��6.':;=z;�v�::�c.•�;,^�-<.�,c.�<�..:-r;^c,�r,;,-�;:��c.-.:;=c:uac.w�.c:=z;�;� ,r�,v=�;wwww-=e.W;�s=��:r ©1995 National Notary Association•8236 Rearmet Ave POI Box 7184•Canoga Park,CA 91309-7184 I I Fred He 6907 Reorder:Call Toll-Free 1-800-876-6827 I II I hlllll II I IIIII IIIII(IIIII (III III�Illl!r ll(III 12 S 6E1 00SID Gap Subdivision Improvem*Agreement • EXHIBIT "A" CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. SUNRISE WAY NORTH 4. Dedicate a 25 foot wide easement for landscape, sidewalk and bicycle path purposes along the entire frontage. 10A. Developer shall reimburse the City of Palm Springs for the cost of construction of curb, gutter, ac pavement, and associated striping and signage, if the City is under contract to construct or has completed construction in Sunrise Way North and Racquet Club Road prior to issuance of building permit for each related development phase. RACQUET CLUB ROAD EAST 11. Construct an 8 inch curb and gutter, 32 feet SOUTH of centerline along the entire frontage, with a 35 foot radius curb return at the NORTHWEST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 12. Construct the EAST half of a 6 foot cross gutter and spandrel at the intersection of PASEO DE ANZA and RACQUET CLUB ROAD EAST with a flow line parallel to the centerline of RACQUET CLUB ROAD EAST in accordance with City of Palm Springs Standard Drawing Nos. 200. 18 II II II II III III II II III II II i 7©ee or`'2? Subdivision ImprovemoAgreement • 13. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. They shhll be circular or hammerhead in design to allow turn around on-site. 14. Construct a 10 foot wide combination sidewalk and bicycle path along the entire RACQUET CLUB ROAD EAST frontage. The construction shall be adjacent to the curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. 15. Construct a curb ramp meeting current California State Accessibility standards at the NORTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 16. Construct 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 330. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PASEO DE ANZA 17. Construct a 6 inch curb and gutter, 18 feet EAST of centerline along the entire frontage, with a 25 foot radius curb return at the intersections of the on-site streets and a 35 foot radius curb return at the NORTHWEST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 18. Construct a 6 foot cross gutter and spandrel at the intersection of PASEO DE ANZA and AMELIA WAY with a flow line parallel to the centerline of PASEO DE ANZA in accordance with City of Palm Springs Standard Drawing No. 200. 19. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 20. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 21. Construct curb ramps meeting current California State Accessibility standards on both sides of the intersections of Amelia Way per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 19 II III III I I IIIII III Ililll II II IIIII� II IN i i R 21 of 7 Subdivision Improvem*greement • 22. Construct pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. ON-SITE STREETS 30. Full-street right-of-way is required to an ultimate width of 50 feet and shall be offered via an irrevocable offer of dedication to the City of Palm Springs, together with a property line - corner cut-back at the intersections of all streets. Acceptance of the right-of-way shall be at such time as the ultimate roadway improvements are accepted by the Director of Public Works. 31. Construct a 6 inch curb and gutter, 18 feet on both sides of centerline along the entire frontage, with a 25 foot radius curb return at all intersections per City of Palm Springs Standard Drawing No. 200. 33. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 34. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 35. Construct a curb ramp meeting current California State Accessibility standards ON BOTH SIDES OF ALL INTERSECTIONS per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 36. Construct pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 37. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. Televise (color) existing sewer main prior to and after lateral connection. 20 111111qIII l�j 1111111111111111111111111111111111 Jill 1 z f474 F Subdivision ImprovemOAgreement • 39. Developer shall construct an 8 inch sewer main 5 feet east of parallel to the centerline of Paseo de Anza from 80 feet south of the intersection of Racquet Club Road East and Paseo de Anza and connect to the existing sewer manhole at the intersection of Paeo de Anza and Via Escuela. 40. Developer shall construct 8 inch sewer mains 5 feet from and parallel to the centerline of Amelia Way, Sabita Way, Lorena Way, Olga Way and Shannon Way. These sewer mains shall connect into the 10 inch sewer main to be extended 130 feet in Sunrise Way North from the existing manhole in the intersection of Via Escuela and Sunrise Way North in accordance with the Master Plan of Sewers. 42. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. GRADING 43. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is required. If required, the Grading Plan shall be prepared by a Registered Professional and submitted to the Engineering Division for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Division. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. 21 III I I II I I II III I III II 1111111111111111 1^c.1?P 200b 054N0R Subdivision Improvem*Agreement 0 D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 44. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 45. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 46. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 47. A soils report prepared by a licensed Soils Engineer shall be required for and _ incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. DRAINAGE 48. The developer shall demonstrate, to the satisfaction of the City Engineer, that this development can accept and convey to an approved drainage carrier, flood and/or nuisance waters from a 10-year storm that impinge upon this development. The development shall provide on-site storage (detention facility) to retain a minimum of 1,000 cubic feet per each acre of drainage area. Predevelopment Q shall not be exceeded. The developer shall demonstrate, to the satisfaction of the City Engineer, that flood and/or nuisance waters leaving the ends of the street(s) will not cause any erosion, nuisance or damage downstream of the improvements proposed and/or required by this development. Additional improvements will be required off-site if any possibility of damage exists. 22 i 111111111111 ra l e u£�277r]F Subdivision ImproveA Agreement . 50. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities according to the approved Master Plan of Flood Control and Drainage. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Plan shall be credited toward the drainage fee otherwise due or in the event such cost exceeds the fee otherwise due, the City will enter into a reimbursement agreement with developer to reimburse him for such excess costs from drainage fees collected from other development. The acreage drainage fee at the present time is $ 6,511.00 per acre per Resolution No. 15189. This condition shall be complied with, to the satisfaction of the City Engineer, prior to filing any final reap or issuance of the building permit. ON-SITE 51. All centerline radii shall be constructed in accordance with City of Palm Springs Std. Dwg. No. 104. 52. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. GENERAL 53. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 54. All existing and proposed utility lines that are less than under 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Division along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 55. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 23 llllll I lull ll l ll ll ll ll ll ll llll ll 11111111 11 1 �6�2- f 27 0R Subdivision Improven*Agreement . 56. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 57. Nothing shall be constructed or planted in the corner cut-off area of any street intersection or driveway which does or will exceed 30 inches in height in order to maintain an appropriate sight distance. 58. All trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Patin Springs Engineering specifications. MAP 59. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 60. The existing lots or parcels shall be divided. The developer shall submit a Final Map prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division. This condition shall be complied with before issuance of grading or building permits. TRAFFIC 61. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the SUNRISE WAY NORTH, RACQUET CLUB ROAD EAST, PASEO DE ANZA, AMELIA WAY, and SHANNON WAY frontages of the subject property. 62. The developer shall replace all damaged or destroyed traffic control devices and provide any new traffic control devices required by the City Engineer on the SUNRISE WAY NORTH frontage prior to issuance of a Certificate of Occupancy. 63. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 66. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 24 II II II f I III II III II © II 11 II 1 25 of02 c A Subdivision Improve* Agreement 67. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: SE Cor. Paseo de Anza @ Racquet Club Road East NE Cor. Pasco de Anza @ Amelia Way 69. "No Parking" signs and curb delineation for no parking shall be installed along the entire Sunrise Way North frontage. 70. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1990, or subsequent additions in force at the time of construction. 71. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT 25 IIIIIIIIIIIIIIIIIIII III II III II IIIIII�III III ��.Ie?r21 of 271GOA CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND BOND# 171 79 94 Premium $ 4 , 862 . 00 WHEREAS, the City Council of the City of Palm Springs, State of California, and rPH- 4nrtTArAND GROUP (herein designated as "Principal") have entered into an agreement whereby Principal agrees to insmll and complete certain designated public improvements, which said agreement, dated NOV, -1 2moo. and identified as project TRACT #2 6 3 6 4 _ is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. WEST NOW, THEREFORE, we, the Principal and INSURANCE =1PANY OF THE as surety, are held firmly bound unto the City of Palm Springs. (hereinafter called "City"), in the penal sum of TWO HUNDRED EIGHTEEN THOUSAND, EIGHTY-SIX**kJollal S (,$218,086.0 lawful money of the United States, for the payment of which sum well and truly to he made, we hind ourselves, our heirs, successors, executors and administrators, jointly and severalIp. firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants. conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indenmify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured herehv and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Paoe 1 of 2 Faithful Performance Bond IT WITNESS WHEREOF, this iustrumcut has been duly executed by the principal and surety above named, on August v , W2000. THE SOUPH= GROUP INSURANCE COMPANY OF THE WEST _ Principal Sul C ty �'-IV i — Attn'ncy-in-Fact Donald Roop Page 3 of 2 fON a } STATE OF CALIFORNIA }ss. COUNTY OF r ( l J� l On Jo �� �I�(i before_ mc, btt/ personally appeared 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 hand and official seal. �r Signature �(�, "*Ce j0DY A. E—IYiV VtlA D =T , � +� .F..✓shhTi^ Flotary Fuhlic California Or2AfQGt_l;ouFdn' Gomrnia�wn Exp.1128/02,mf� (this area for ollirial riolarial seal) Tills of Document Dale of Docurnenl No. of Pages Other signalures not acknowledged CALIFORNIA ALL-PURPOS&KNOWLEDGMENT State of California County of Orange On Aucrust 17 , 2000 beforeme, Angela H. Albright, Notary Public _ DATE NAME.TITLEOFOFFICER E.G JANE DOE.NOTARY PUBLIC- personally appeared Donald Rocp NAME(S)OF SIGNERIs) personally known to me - OR - ❑ �asat orxdx� �olx�a�sf�tara> �xides�� to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed v - = the same in his/her/their authorized 'I �'a ANGELA H. ALBRIGHT I� capacity(ies), and that by his/her/their o � COMM. #1178195 � L o •R NOTARY PUBLIC-CALIFORNIAo signature(s) on the instrument the person(s), ORANGE COUNTY N My Comm.Exp. or the entity upon behalf of which the _ " April 27,2002I� person(s) acted, executed the instrument. WITNESS my hand and official seal. SIG PIATUR'c CF NOTARY OPTIONAL Thcugh the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment or this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL THE SOUTHLAND GROUP ❑ CORPORATE OFFICER 171 79 94 - Performance Bond_ TITLE OR TYPE OF DOCUMENT TITLE(91 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO (2) ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAMCONSERVATOR ❑ OTHER August 17 , 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEPSON(S)OR ENTITY(IES) not stated Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE • v ICW GP 416 Insurance Company of the West HOME OFFICE:SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOWALL MEN?iY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: DONALD ROOP its tti!e and lawful Allarsicy(c)-in-Fact,with full power and authn^ty,to execute, on behalf of the Company,fidMily and surety bonds, undertakirgs,and other contractc of suretyship of o similar riatur'e. This lower of Adomay is granted and is signed am sealed by faasimile under the authority of the following Resolution adopted by the Board of Ditcctnis on the 23rd day of February, 1998,which said Resolution has net been amended or rescinded and of which the Uiowirg is a true copy: 'RESOLVED,lh3i the Chairman of the lipard,'he President,an Executive Vlcv President or a Senior Vice President of the Cornp_1y,and each of them, is hereby aulloriaad fo execute Pa'rrem of Attorney qualifying the attomer named in the given Power of Attomey to execute on behalf of ilia Gom)nny,fidelity and zumfy bonds, undertakings, or ether cc ntrarts of suretyship of a similar nature; and to attach thereto the sea!of the Company; provided howavnr. that tt,a absence:of the:seal shall not affect the validity of the instrument. FURTHER RESOLVED,'hat the signature;of such office, aria the seal of the Company, and the signatures of xly witnesses,the signatures and seal of any notary, and the signatures of any offi;om certifying the validity of the Power of Attorney, may be affixed by facsirniie." IN WITNESS 101HEF6t r]F, INSUFUkNCE COMPANY OF THE MEET has.^mused these presents to be Signed by its difly authorized nf(cers this 15TH day of DECEMBE ER 1999. _ �avren"off INSURANCE COMPAt IY CIF'THE WEST ' ��1� ✓ l � C'14FIInM\A �r STATE OF CALIFORNIA S3. ohn L. Hann::m, Executive Vice Presidrar,�' CU;3N'IY OF:SAW L?lEt::,O I14 WITNESS WHFREOF,the undersigned certify that ;hay are adults,and have witnessed:he signing of this inaM menr by Zile pri i:;ILal or ha,+e witnp'.t,sed!h_e p6nrioal's acknowledgment,^f the signature on the power of attamey, pursuant to Caiiforni.P:oba:a Z;bdN 41'l.t and<122- I y�•\�/r�,�f�'`,y y1'A�II _�.+""'�y}/���j .f �.� n i,e!f �f�� � / ! defry"F2fa111Y- Jani-T-Kecfdora � CERTIFICATE' I,John hI. ;raig,AssF<iani Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,cf wreich the foregoing is a true+cupy, is slill in full force and effect, and that this certificate may be signed by facsim9e under the authority of the above: quoted resolution. IN WITNESS WHEREOF,I have subscribed my name as Assistant Secretary,on this 17 th day of August 2 0 CI 0 --- -_-----_ T,. INSURA EC PANY 01 THE WEST -r -__ McpnTo6RrEo a // n H. Craig, s ant ecretary ICVJ 37 BOND# 171 79 96 CITY OF PALM SPRINGS Premium $ 1, 090 .00 BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated _� 9 /S and identified as Project TRACT# 26364 is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain i it effect for a period of one (1)year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, nnaterialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said woi k and the City has accepted, or substantially concurrently herewith is accepting, said work, suhJCCt to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and INSURANCE COMPANY OF THE WEST , as surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of FIFTY-FOUR THOUSAND, FIVE HUNDRED-TWENTY-ONE******DOLLARS ($ 54,521.00***), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements, and the payment of all materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor in connection with any such maintenance or warranty, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 of 2 • • The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, adi unistrators, 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 repair and replacement of detective workmanship and martials thereof made as therein provided, on his or their part to be kept and performed at the time and in the marmer therein specified, and in all respects save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonahle 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 iio 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 August 17 XKXX 2000 . THE SOUTHLAND GROUP INSURANCE COMPANY OF THE WEST Principal Surety l \ I Attornev-in-Fact Donald Roop Page 2 of 2 �NM-4 O �- g�. ? a } STATE OF CALIFC�f�NIA }ss. COUNTY OF (�iJ �/) On �} IU'VU before me, TD(� ,-1�i,�!/�Il�l �(�, OPU�� IL�i,- 6(L?��C personally appeared 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 signatures) 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. Signature C4 - %41 Gj/LVz JO: Y A l--1MAV�® @ � ' c .gam COMllii.41168552 ra: � e Notary Public CallPorma ORANGE COMW My Commission Exp 1/28/02 (I his area for official nolarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged __- CALIFORNIA ALL-PURPOSOCKNOWLEDGMENT State of California County of orange On August 17 , 2000 before me, Angela H. Albright, Notary Public DATE NAME.TITLE OF OFFICER-E G JANE DOE,NOTARY PUBLIC' personally appeared Donald Roop NAME(S)OF SIGNERS) personally known to me - OR - ❑ salisfautclWayKiemm to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed ANGELA H. ALBRIGHT �P the same in his/her/their authorized comm. 01178195 g ';gym NOTARY PUBLIC-CALIFORNIA capacity(ies), and that by his/her/their ORANGE COUNTY I� signature(s) on the instrument the ],II My Comm.Exp.April rumen person(s),21, 200 ( ) 2 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand A �-U� and official seal. SIGNATURE OF NOTAR OPTIONAL Though the data below is not(equlred by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL THE SOUTHLAND GROUP ❑ CORPORATE OFFICER 171 79 96 - Maintenance/Warrant TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ TWO (2) ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: August 17, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) not stated Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 lnSUran'ce Company of the West HOME OFFICE:SAN DIEGO, CALIFORNIA POWER Or ATTORNEY KNC1rVf,LL r,,1vN 9V 7'HFSE PRESENTS:n"hat INSURANCE COMPANY OF THE WEST, a California Corporation,does hereby appoint: DONALD POOP its inre and!sv:u!1\;turney(s,l-!n-Fad.with full power and au4,orroV,to execute, on behalf of the Compary, fideiRy and surnry bands, undertaldngs,and oPtier cor,traota;ol curetyship of a sin•iilar nature. Taro Power cf Attorney is granted and is signed vino sea!ed by fa:::;fndq under the authority of tha following Resolution adopted by the Board of D'i er.!ors on the 23u daf of Fabr:an,, 199tB,which said Resoh)t!an has„ct been amended or rescinded and of which Cie following is a true copy: "R--SOLVED,tnat the Chairman of the Board,the President, an Executive VicL President or a Scnkrr Vice President ok:�e Company. and ea<s ni' them, is hereby aulhorzed to execute Fcmars of Attomey qurl;fving the attorney nomad in the givan Power of A,emey to ,xecuta C'n behal! c. Company,fiaa!i+v and w[rty bonds, undertakings, or other;;a,;trnots of surtyshlp of a similar nature;and to attach therein rile meal of the Com,.:zFs,... provide-hc;/sec;r.that the au,enoe orthe sect she!!not affect the valiclity,of the instrument. FURTHER RESO;JdEU,that the signatures of such nfficers and the sea;or'the Company, and the signatures of any witnesses,the signucur s and seal of any notary, ane the c:ignaturss of any ufficers r-irtiAfing the validity of the Power of Attorney, may Ile affixed by farsirrdle." fd'PJI tY'iEs,^WHER6C'= !YdSU;2i•.1?U=C)1V:PANY OF-fttm VVF'; „as caused these presents to he sic7 her n _ : i.TH day c.�'i"i3LthA8[:i2 1S39. cY its rJ::f�autiradzed,;tr rr,=..,.. .,.. rNSUP. .NCF c.IRP,�t a o'er? NY OF Tliii VJCF�� /,�eex^nn,vee c 1 f ✓f `AIIfCRMte y� S7ATE OF CALFOR- 6°• jnhr.L. i-ianumni, Vir•.e Prct..-ri COUNTY OF =4:ihd DIEGO �• IN VII"rNESS 7VHEREOF,the:undersigFnec oett!fy iha!they are od}dts,arc rave w;:c:>^,se,d i.ha s'cn;nr„ortais instruneir Vy the prir iPal r have wiires.,Od dre mmcipafls ac'rrpwle:dgment of the sianalur,, or the puwe,r of attorney, pursuarf to t;a!rtcrnia-rrt;at:r Cede§=21 and _.tl /.j✓ ,;, •_."..✓ mot: i�/i/! J..rry::aa;il `,'' %..... � Janrs�§eddore --+r. r CER'l:FIGA 7'F': I, Jcmn H.:;r.aig, Serretary of INS.IR 4DiCE COMPANY OF THE WEST,do herebv Mdity that the original POWER OF A7TORftE":', or which the foregoing is a ;rug-copy, is still in full force and erect, and that this oarffcata may be signed by facsimile uncer the authority cif th':; quoted re=hrtron. IN W17NECS WHEREOF, 1 have suos6bed my name as Assistant Secretary,on this 1-7 th day of August _ 7.!i C'_ !NSURAtIE C PANY 07 THE WEST - - lfr. H. Craig,' .ant 'ecretary ICW 37 0 0 BOND# 171 79 95 CITY OF PALM SPRINGS Premium $ 100 , (MP) BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOUTHLAND GROUP (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 ;t,�„ d �d� and identified as Project TRACT# 26364 is hereby relcrred to and made a part hereof; and WHEREAS, said Principal k required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the en-ineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and INSURANCE COMPANY of THE WEST as surety, are held and firmly bound unto 111e City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of THREE THOUSAND, THREE HUNDRED FIFTY DOLLARS ($ 3.35o.00***), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and for the completion of said setting of monuments, that said surety will par 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 idmimsu ators, jointly and severally, firmly by these presents. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement respecting the setting of monument:, and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their ❑rue intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided Page 1 of 2 to the City evidence that the e,t_,neer or surveyor. and all said contractors, subcontractors, laborers, materialmen, and other lic;sons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the C'1v in successfully enforcin.* such obligation, all to be taxed as costs and included in any judement rendered. The surety hereby .,upulat_- and agrees that nr change, extension of time, alteration or addition to the terms of [he a,_,! -enent or to the WOrh to be performed thereunder or the specifications accompanyinL the s, ne shall in any way affect its obligations on this bond, and it does hereby waive notice o1 any such change, extension of time. alteration or addition to the terms of the Agreement or to the work o; to the specifications IN WITNESS WHEREOF. this instrument has been executed by the Principal and surety above named, on __ AUQust 1.7 J9:X ?_00o . THE SOUTHLAND GROUP INSURANCE COMPANY OF THE WEST Principal Surety Attorney—in-Fact Donald Roop cnp,\formdlanhmnn bn� Page 2 of 2 CALIFORNIA ALL-PURPOSAKNOWLEDGMENT State of California County of orange On August 17 , 2000 before me, Angela H. Albright, Notary Public DATE NAME.TITLE OF OFFICER-E.G JANE DOE,NOTARY PUBLIC- personally appeared Donald Roof NAME(S)OF SIGNER(SI xA personally known to me - OR - ❑ Acxffm,=,,tbw fl#xsafisfa=myxexidL-2� to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized µ• ANGELA H. ALBRIGHT I� capacity(ies), and that by his/her/their COMM. #1178195 f ��® NOT PUBLIC-CALIFORNIAo signature(s) on the instrument the person(s), 3 • ORANGE COUNTY or the entity upon behalf of which the My comm.Exp April 21,2002,If person(s) acted, executed the instrument. WITNESS my hand and official seal. —� SIGNATUR E OF NOTARY OPTIONAL Though the data below Is not(equved by law, It may prove valuable to persons relying an the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL THE SOUTHLAND GROUP ❑ CORPORATE OFFICER 171 79 95 — Monument Bond TITLES) TITLE 09 TYPE OF DOCUMENT PARTNER(S) ❑ LIMITED ❑ GENERAL TWO (2) [XI ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: August 17, 2000 - DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) not stated Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 S � AMEBIC} } STATE OF CALIFORNIA }ss. COUNTY OF 0l On 0 ��! � ��� before me, _�ro q`/ ol/7Tz personally appeared E7V, 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/theirsignature(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. 0/1 Signature ����a1 ( J ^"" J sul r . HFrYW19R RD .4 COMM #1158552 > - b�4 NotaiyPuiillccaiifornia ORANGE COUNTY My Commission F..xp.1/28103 ('Phis area for ofliml notarial scap Tills of Document Date of Document No. of Pages Olhor signatures not aclanowledged _ ___ _ 1nsuranCe Company of the West HONIE OFFICE: SA14 DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL IAEN CJY HESE PRESENTS:Thal INSURANCE COMPANY OF THE WEST,a California Coiposation,does hereby appoint: DONALD ROOP k--lm."l and lu',•rfui with iull,nnwar and authority, to executa, nn behalf of the Company,fidel'sty and surety Bonds, unde,rtai ;;ncl?,and nthei anmrack cr:;ur;ryd:.i:J of 2,111l10P nature. . ..this Pcwar o!t;"oma;✓i;,i,eirpote.o and is.;i,,7ned and sF6:ied by faw;mile unifier the authont9 of tre following RcsoltAixi adopted by the Eoe Id of Directors cn the 23rd day of f'ebn:aiy, ?999,••-.h4cn;air Resolution has not been amended ar i scindr-d and of'ehirh the foLgwing is a true copy: '.-ESOLVED,th_it Ino ilhairr.Ian of the�9�,asd, U10 PreSideni,an LixeCntl'✓5:Viax=-'reaiie-f:r o Senior Wk e President of the Company,;and eii:h of them, is hereGp euthcl IM0 to oxccua: o:Attorney 9ualiryina the a;[cm-zy named ;n the gilearr f car o`At:omey to exeu,ute on bc.`.alf n4'e. Company,7iuelity,c;;d suichr bond:., urvcrtnkin5a,or olhe'r=nbe,,ts of s:rr�.lyShorj or a sirnil=r nature:and to rtta,h thern"n the seal of the CoirpiTly: provided hotuever, tfr,I Thu abcn-r:u,of the_eal shull oaf affect the vaiidi,y of the ia::ument. FURTHER RESADLVED,that the s;�natu-es of such officers and the sr-.:.I cf tha CLlnpany, and the signatures of a ny witnesses,ti le signatures m d s¢.al el spy trot'_^✓, sm'.rJ;he signatures of any officers certifying theralidi:;cz the Po,:cr of?,BorPey,ma}'be affio-:e(.i by fecsimle." IN WITNESS WILT=ROOF, INSURAIJOE;—W:.P/__NY OF TnE WEST has CaUSC'C ,..,..,aD, s ntc to bo riowsd ny ito uiy au:?'::rued etlir,.rs th': of isEC: MEGR. I S55. ^=� INh`L1RP.NC.F,.Cc??dPA>ti'Y OF Tit=l^/ ST ffY���orrewo n'�� fe S-1-TE OF C:r.i.EFORMA — ;a:hn L. Haanum, Exe,ut„ dice Pr.;cidcr,t ifs khitTPiL`..�i$WHEREOF,the unciarig%led cprity that they are aduiis. and Y:avc wiinpfised tnr:blj;ii iii Fl;Lr this Instrument by lh,?,p:inClpM v have''✓aitr,=_•sad Ina ormc:pa,:.ar;knowledcrosn!of the sx riaosa cn t`e power of attemel:. parsuant to C;:.lifnrmi Frruaie Ccde,j.+,;?; sn❑w'f".•-. .;f •'r ✓.`:fir r; /�'.trr�"p/.�/� /'�� x / I��.`i7 A I� 7 /���/ /l�7 { / .ier;'r i'Jla'ui ; r ��' i Janis '`.:^_CCra CE'',TlriCA T E. 1,John H.Grasq,As:ai,4tanr Secretary or NE UFdANCE COMPANY OF THE WEST,:;c hereby,enity chat the nricin-:POWER OF ATi OFadr--'i,ct which the toreg cling is a Core copy. is still in foil Porte and efrect.and that this c'ertiair::afe may be signed by facsimile urdei the authont,of the aG:-vs quntea resoi0ori iN WITNESS WHEREOF,I have subscnoed my name as Assistant Setxetary,on this l 7 th day of August 2(?l`0 INSURA ' E C PANY OF THE WEST S. ant Tecreta _ IG'Uf 37 - — BOND# 171 79 94 CITY OF PALM SPRINGS Premium is included LABOR AND MATERIALS BOND in Performance Bond. WHEREAS, the City Council of the City of Palm Springs, State of California, and _ THE SOUTHLAND GROUP (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated R119V e5- - Joao and identified as project TP.ACT# 26364 is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of ONE HUNDRED-NINE THOUSAND, FORTY-THREE AND 00/100***dollars ($109,043.00*** for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page 1 of 2 Labor and Materials Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on August 17 ,Xb�KX2000 . THE SOUTHLAND GROUP INSURANCE COMPANY OF THE WEST Principal Surety Attorney-in-Fact Donald Roop Page 2 of 2 AMEN V O } STATE OF CAUFORNI }ss. COUNTY OF r On �� ��d before meja T. Awj10110, �UE� �Lgv ---r personally appeared ( 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. Signature „ Ji)t'iv lf A D1,, CQMIN.i+1152552 Notary Public Gahfornla � OiRMIGE COUNTY My Commission Fxp 1/2 ... m�7j rmis area for official nolaiial seal) idle of Document Date of Document No. of Pages Other signatures not acknowledged__ CALWORNIA ALL-PURPOSACKNOWLEDGMENT • State of California County of orange On August 17 , 2000 before me, Angela H. Albright, Notary Public DATE NAME.TITLE OF OFFICER-E.G. 'JANE DOE NOTARY PUBLIC' personally appeared Donald Roop NAME(SI OP SIGNER(S) personally known to me - OR ❑ pxoa7ax �oaa � xx$ai�xxrlxidedxa� to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized AN H. ALBRIGHT capacity(ies), and that by his/her/their ttir l ' GELA p COMM. #1178195 signature(s) on the instrument the person(s), g N07ARY PUBLIC-CALIFORNIA p or the entityupon behalf of which the ORANGE COUNTY ro p My Comm.Exp.April 27,20021� person(s) acted, executed the instrument. !!l/ffff�'�=a'+ua�d-wr-v�v-�vro+Il WITNESS my hand and official seal. SIGNATURE OF NOTAFjy OPTIONAL Though the data below is not lequlred by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL THE SOUTHLAND GROUP ❑ CORPORATE OFFICER 171 79 94 - Payment Bond TITLE OR TYPE OF DOCUMENT T17LES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ATTORNEY-IN-FACT NUMBER, OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: August 17, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) not. stated Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE " TCW GP 416 Insurance Company eat the West HOME OFFICE:SAN DIEGO, CALIFOFa,fA POWER OF ATTORNEY KNOW ALL i'.^:EN?Y THESE K?ESE NTS:Th=t INSURANCE COMPANY OF THE WEST,a California Corporation, does hereby appoint: DONALD ROOP it,,lriz and lawru!ALcmeyls7-in4-F-cL with fmd power and anrhodr',.to exocute, on banal"of t o Company.fidelity and sorcty r,or:ds, Un9erlak!n's, arts oth>a c-ontrau:ts or suretyship of a simf:'ar narum. 7m ?awer of Attorney is granted anc is si(;ned and sealed by fe,csimile under the authority ol'tha following Rosclu lon adopted by file Board of DirwI*ls on ii' ..23rd day of Fii, raary', 1-998,whici:.said Resa'!;iion hers riot oeen amended or rescindc-d and of which the fc9lowiny .a a tare copy: -. TSOILV_D '-aril:a: of the Uc;.rd Pres'der:!.,;,r. vk-c President cr a.Senior V;rR. President ottn ;;::!r;':eanv.ant: khem, 3a hereby a.:hodsd to u:;9CuL3 ":rue:�; of A;2array qualih ing thF. a°forr!�y r.a.red in t:'re given Potver r..i;atu,rnay to Wx�sr:ale on behcl: :€rive �mparry,fidelity..n:ZI curety t-:onGs, unda=akings,or otter ccr,-acts of sarct-vship of.,iwfa! naiure;and to roach-hcrete tha se:d of::h, :. ..r, provided hc:arevr airserur r,•f rr!.;seal steal!not afer.,rihe^e•eilGF,y of the insu unient. . � FUP.YHER RESeC4--11ED,that tl-o sign givr,as of such cif--cers and the seal of the Gompa_nv, and the.sirnatw es of any witne;ss-ie',, the and sc4 cf,aqv natsry,'a',d the s:„n;;urea cf oily officers oartit'yin2 th va':idity ;.,if the Pow;�r of Attorney, may be affixed by faczcnuie.` IN%MTN'.-`S,: 104�1°Iti (��, 1::1=i1%....i'7C2' ":O;MPAtd'v OF THE V: EST ha.;eauaed tnse.resents to La:;iyurd i'y:s e'J" :a u_horz.r.!u ul leer[-th." 1E'rH day of 1-IFO,RMOSER leiciJ. ° Yrc � iNSUFb4NCE. =-at T-E r, WkNLIP i�1� r fin L. Exeoutive Vice Preside-AC CDL?:fY OF SA".' IN PJl"IT,11ES,:o UV'rIF_RECF,+ne UndersigneC ce!#rfy[flat They ar-adults,?nd h.3ve until eased too cr.in,6f v,s 1m3f�rate=tit;.' „ ,. ,.- havR witne3sed the ".Ji"cipa°5 9f'nz signa"ure on"he-j-o w-,r o€Pftr:rney, rarSU3rit to DP.'I-nI'9ia Prcbite Cod-- Ile I �� in : .✓;, Ii' •� r /��l' 1// Li4/i Jerry�ar'aui ,�/ � �_„ ;arrs'FM_ddare . I,dotrl H.C.rUig,,41ssirm7m..£ecretera c%'N iURANCE COMPANY OF'THE WE: T.do t:c c:;y certify that the original POWER OF'ATTOR' cf uulsich;h:.-fonawoin.l is°t tr c u:vJ, is still is!fall force and effect.and that fhs certificate may he s'sgned by;a;si•nitr,under the authority of the above rraoted resA"Aian. IN WITNESS WHEREOF,i have subsanhed rill,name as Assistant Secretary,on this 17 th day of _ Au rill St 2 o�)f?_ °w^xr F n INSURAI 5 C 1PANY O THE WEST Iff �l. -- -__ /ao n H. Craig, ssistant ecretary iC'c'J3i I.C.W. GROUP NINSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX(858)350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 17179 94 Principal THE SOUTHLAND GROUP Amount $ 218,086.00 In Favor of CITY OF PALM SPRINGS It is agreed that : Tract Map 26364 and Tract Map 26364-3 are included in the total bond penalties for Tract Map 26364-3. This addition does not increase the penalty of the performance and payment bonds already issued. This Rider is effective August 17, 2000. INSURANCE COMPANY OF THE WEST By. /�/ ✓t �`/ /� � Donald Roop Attorney-In-Fact GN-ICW 179(9/00) CALIFORNIA ALL-PURPOS&KNOWLEDGMENT State of California County of orange On November 3 , 2000 before me, Angela H. Albright, Notary Public DATE NAME.TITLE OF OFFICER-E.G. 'JANE ODE.NOTARY PUBLIC' personally appeared Donald Roof NAME(S)OF SIGNER(S) personally known to me - OR - ❑ p�asaertnx �rztx�ix$a�s �s to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized (N °F ANGELA H. AIRRIGHT, capacity(ies), and that by his/her/their ?- ,. comm. #1178195 . . NOTARY PUBLIC-CALIFORNIA 3 signature(s) on the instrument the person(s), s ORANGE COUNTY N My Comm.Exp.April 27,2002 or the entity upon behalf of which the � person(s) acted, executed the instrument. WITNESS my hand and official seal. /Z SIGNATURE OF NVRY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Rider-171 79 94—The Southland Gr p TITLE OR TYPE OF DOCUMENT TITLER) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one (1) 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: August 17, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) none Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 • Insurance Company at the blest HOME OFFICE: SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOWALL NIEv BY"=.'HE:SE PRESENTS:That INSURANCE COMPANY OF THE WEST, a California Corporation,does hereby appoint: DONALD ROOP its true and law..1u9 Aiiunnay;>; r,Eatx,:;•ith full power and authority,to execute.on behalf of the Company,fidelity and surety bonds, undertakings, and other conuacts of suretyship of a similar nature. Tnir Power of Attorney i;granted and is signed and sealed by facsimile under the au',ho^ty of the following Resolution adopted by the Board of Directors on th,23rd day i>f February, 1998,which said Resolution has not ben-.amended o; iesunded and of:t�hich the following is a irue copy: "RESOLVED,that fhe Chairman of the Beard,the President, on Executive`dice.PrasPdeo,or a Senior Vice PrEsideri of fhe Company,and each of them, is hereby authorized to execute Provers of Attorney qusirymg the atomcy named in the gFven Power of Attosnay to+:xecute on hehaif of tht: Company,fidelity and surety bonds, undertakings, or other centraLis of suretyship of a si:-rilar nature,and to attach thefelo the seal of the Conyol.v; provided however,that the ab!;ence of the seal shall not affect the vaiidity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses,the scpiaturns and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSUPdaNCE COMPANY OF THE WEST has caused these presents to be signed by its duly authori;;F;ci oftlr,rs this 1 ti 1 H day of DECEMBER 1999. ! Y of�i Ih.SL'P.ANCE .,OUIr^RN r OF THE VJL'57 ?,rcuarcxn'M1�^y�� r�� ,r. STATE OF CALIFORNIA .John.L. Hanowm, Executive Vic,-President � COUNTY OF SAN DiEGI, \ J W IN IAIITNCSS O MEREOF,the undersigned certify that They are adults,and hive witnessed the signing of tws Instrument by the principal c•i have witncssed the principal's acknowledgmont of the signature on the power of attorney. pursuant to Calitania Probate Code•5?':2•I and?122. r Jerry rafaul i.._ �_ js. hm .,_/c_L:3,'•,l1..(G.:C1r�c! 1 Y! � % Janis''Fne•5dore CERTIFICATE: v 1,John". Craig,Assistant Secretary or INSURANCE COMPANY OF THE WEST,do hereby certify That the oriainal POWER OF ATTCRNETM,rf which d the he foregoing ie a true copy, is qu still in'full force and offect, and that this certificate maybe signed by facsimile under the authority of the above gdute IN WITNESS WHEREOF,I have subscribed my name as Assistant Secretary,on this 3 rd day of November 2 0 0.0 aMrexro__._ = _ • _ �i=`+��VHa�rc+noun�xr,o.n,NoriFo��yr�E Y tNS7Lri E C ���N JJJ PANY O THE WEST / t ecreiary _ ICW 37