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HomeMy WebLinkAboutA4271 - SOUTHLAND GROUP SUBDIVISION DOC = 2000—aSS0S4 10/05/2000 08:00A Fee:NC Page 1 of 26 PLEASE COMPLETE THIS INFORMATION I Recorded in Official Records RECORDING REQUESTED BY 11 County of Riverside Gary L. Orso Assessor, County Clerk 6 Recorder i MA,. "' � II II II I I I III III II III III II CITY CLERK CITY OF PALM SPRINGS M s u PAGE SIZE Da PCGR NCCOft SMF M- P . O . BOX 2743 D1ALM SPRINGS , CA . 92263 i —— — _ 'A R L COPY LONG REFUND NCHG EWN 50b �a� s5 ; c� Vv �� �� dw; � r��v�� 1� �Jrf? P_ Title of Document T R I SS A R E A RE C'0 RKD E,RJS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STC-SCSD 996a(Rev 8/99) Subdivision Hnprovem*Agreement Southland Group Subdivision Improvement AGREEMENT #4271 R19891, 9-6=00 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and THE SOUTHLAND GROUP I It IIIII II II IIII III II II II III 1 II iFreE�2©£5e64©©a ' Subdivision ImprovenloAgreement • 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 .1 1 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 z I IIIIII I�III�IIII IIIIII IIII(IIII IIIIII III IIIII IIII IIII I© M12 00 ee 0011£ Subdivision Improverre Agreement • 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...........................................15 10.3 Entire Agreement; Waivers and Amendments...................16 SUBDIVISION IMPROVEMENT AGREEMENT 3 IIIII IIIIII IIII IIIIII IIIII IIIII IIIIII IIIIIIIIIIIIIIII 10 -3,35054 0/06�2000uIf 0 R Subdivision Improven*Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this d f " day of i 2000, by and between the CITY OF PALM SPRINGS, a municipal co poration 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. 26364-3 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 11111111 III e?eE0 5 P 26©©R Subdivision ImprovemOAgreement 0 referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $218,966.00. 1 .2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map 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 monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 5 I II $lull 11 II 11111311 IIIIt III III U111 e,dE s aff©�e©R s Subdivision ImprovemoAgreement • 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 III IN �,es�0,a0�5© �©R or ee Subdivision Improvem*Agreement is 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. I s 6 7I IlAlll IIIIAI IIII IIIIII IIIII IIIII IIIIII III IIIII IIII IIII ie 2es ees e 4eaA Subdivision Improvem*Agreement 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 IIIIII IIIIII IIII IIIIII IIIII IIIII IIIIII III IIIII 1111 INio a00 q £e oJ4 na Subdivision ImprovemSAgreement work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement 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 II 9 IIIIIIIIIIIIII IIIIIIIIII III IIIIIIII IIIIIII II HOO-295054 10 0 0F48 OGA 10 of 213 Subdivision ImproverADAgreement • 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 $218,966.00/100% 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 $109,483.00/50% 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 $2,675.00/100% 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 $31 ,370.65/25% of the estimated construction cost set forth in Section 1 .1 or a suitable amount determined by the City Engineer. II I III I to 11 II IA I III11I II III I IIII I II 10 GV o 003 O©R 11 6F .E Subdivision Improvem*Agreement • 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 (1 ) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other I I 11 IIIIIIIIIIIIIIII1IIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIII�I 1a ®s©tan05fie R Subdivision ImprovemeAgreement • 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 II II II II III III I I III II II II II II 1e 96 3 e£06 00A Subdivision Improvem*Agreement • 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: 0) 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 ©"s��4 of E ze`�aFl Subdivision ImprovenloAgreement • 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 II II IIII II II 1I14II II IIIAIIIIIIIIIIIIIII1I111III1IIIIIIIIIIIIIIIIIII1IIIlAII i© 06/2 O08 OOF1 Subdivision ImprovemOureement • 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. 15 IIIIII IIIIII IIII 11111111111 III 1111111111I III II 0 b ef�Zee©Fl Subdivision ImprovemOAgreement 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 IIIAIII IIIIII IIII IIIIII IIII�IIIII IIIIII III IIIIII III IIII ©ld@8�7L £028 E1R Subdivision ImprovemOAgreement • 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: By: ��/ Ci y Manager "City" ATTEST: n APPROVED MY TIRE UTY City Clerk APPROVED AS TO FORM: City Attorfiey_° Dated: ej `Cl ) The Southland Group By: _. 3��Q STEVE DALBY Its: President "Subdivider" Address: One Columbia Aliso Vieio, CA 92656 I 17 IIIIIIIIIIIIII �IIIII�III III IIIIIII II I I III s© 8 cr 26 10; Eoa AML � I C' f� } STATE OF CALIFORNIA }ss. COUNTY OF On 03 � 2 3 DZ) before me, JD OV ��— . ✓ y1�JtYI�i� personally appeared :S j 11=V 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. r, Signature ��°; �` COiS�iA 4118o5G2 it .,t;.' e' Notary Public California3P My Commission Exp 1/23102/ (this erna let 011"' l mladal sea[) Mlle of Document ---- --I Date of Document_ No. of Pages Other signatures not acI<nowleciged _ _ �OE�I1 9 of eeof3 3006 (I'e ) IGoi is an n, i , ,n,...v, Ltl, Inc,u,n,. r,, 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. 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 AND SOUTHWEST corners of the subject property per 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. II II II 18 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII e �aer 054 ibsr esaeR Subdivision Improvemc*Agreement . 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. 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. 32. Construct a 6 foot cross gutter and spandrel at the intersection of SABITA WAY and SHANNON WAY with a flow line parallel to the centerline of SHANNON WAY in accordance with 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. 19 Subdivision Improve,,*Agreement 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. 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 Pasco 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: II 20 III II III II III III I I III I III II II III 10 08 2d 22 of f 26 0R Subdivision ImprovemlOAgreement A. Copy of final Plarming 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. 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 I I I I II I21 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII iaE�s 2°0£e5 s 6EeR Subdivision ImprovemloAgreement • 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. 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 snap 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. 22 ��I IIIIII I III II I III II III II II 1©6� 2 00£525F30fl Subdivision Improvem6Agreement • 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. 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 Palm 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, VIA ESCUELA ROAD EAST, PASEO DE ANZA, AMELIA WAY, SABITA WAY, LORENA WAY, OLGA 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 I 123 2006-395054 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i©..©e5 of 26�ea Subdivision Improvem*Agreement SUNRISE WAY NORTH AND VIA ESCUELA EAST frontages 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. 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: SW Cor. Sabita Way @ Shannon Way 69. "No Parking" signs and curb delineation for no parking shall be installed along the entire Surise 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 I I 24 II�III IIIIII IIII IIII�I IIII�IIIII IIII�I III III III II IIII 1F,.F�620©f©260©R OOC tl 2000-395050 PLEASE COMPLETE THIS INFORMATIOIJ 10/06/2000 08:00A Fee:NC RECORDING REQUESTED BY: Page 1 of 7 Recorded in Official Records County of Riverside Gary L. Orso AND WHEN RECORDED MAIL TO: Assessor, County Clerk d Recorder CITY CLERK �11�111111�II 11111I IIII 111 I III CITY OF PALM SP'R.INGS — - - P .O . BOX 2743 M S U PAGE SIZE OA PCOR NOCCR SMF MISC. PALM SPRINGS , CA. 92263 A R L COPT LONG REFUND NCHG n� pp u�Yl♦ I 'q J� M e it 'e Title of Document AR FOR Cjj'ORDEIR�JZZ� Una 0NL THIS PAGE ADDED TO PROVIDE_ADEQUATE SPACE FOR RECORDING INFORMATION ($01.00 Additional Recording Fee Applies) STC-SCSD 996a(Rev 8/97) BOND# 171 79 99 CITY OF PALM SPRINGS Premium $627.00 BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated not state019, and identified as Project TRACT#. 26364-3 , is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain ill effect for a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said wort: and the City has accepted, or substantially concurrently herewith is accepting, said work, suhject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and INSURANCE COMPANY of THE WEST as surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of THIRTY-oNr THOUSAND, THREE HUNDRED SEVENTY AND 65/B6LLARS ($ 31,370.65* , lawful money of the United States, for replacement and repair of any and all defective mate ials 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 ;1ct 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 IIIIII IIII�I IIII IIIIII IIIII IIIII IIIIII III Hill IIII IIII le.ee,©e�G©5©s8ee y BOND# 171 79 99 CITY OF PALM SPRINGS Premium $G 2 7,00 BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated _not state019, and identified as Project TRACTU 26364--3 , is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of said Agreement to maintain and guarantee the costs or repair and/or replacement of defective materials or defective workmanship in such improvements, which guarantee shall remain in effect far a period of one (1) year from date of acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond for the faithful performance of said Agreement`and the payment of all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of any such maintenance and warranty work. WHEREAS, Principal has completed said work and the City has accepted, or substantially concurrently herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, we, the Principal, and 1NSURANCE COMPANY or THE WEST as surety, are held and'firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of THIRTY-ONE THOUSAND, THREE HUNDRED SEVENTY AND 65/�S'6LLARS ($ 31,370.65*�y, 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, furrrly 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 I AuaoW For Clark' IIIIIII 111111 IIII 11111111111111111111111111111111111111 10 060 2000 0£F00R The condition of this obligation is such that it the above honded 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 repair and replacement of defective workmanship and martials thereof made as therein provided, on his or their part to be kept and pciibrmed at the time and in the manner therein specified, and in all respects save harmless the City of Pahn Springs, its officers, agents and employees, as therein stipulated, then this obligation hecomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no chanl-e, 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 XaX 2000 . THE SOUTHLAND GROUP INSURANCE COMPANY OF THE WEST Principal Surety Attorney-in-Fact Donald Roo Page 2 of 2 A1,2 E RIC' O } STATE_ OF CALIFORNIA }ss. COUNTY OF ( � } On before me, ��Tr/>?yr�J����; 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. Signatures U JODY A. S-11WY tIARD) COMM.#1168552 a> iAorary Public California T� ORANG�COMM MY Commisslon Exp 1/28/02 (rhis area for official nolarinl soap Title of Document Date of Document No. of Pages Other signatures not acknowledged___I I IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII IIIIIII IIIIIII 10/06 5 005o8 GOA CALIFORNIA ALL-PURPOSE0KNOWLEDGMENT • 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(5) personally known to me - OR - ❑ �xc orax�la� xsasfar�x�xide�xsc� 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 FlNGELA H. ALBRIGHT I capacity(ies), and that by his/her/their 0 3a I * COMM. #1178195 signature(s) on the instrument the person(s), NOTARY PUBLIC-CALIFORNIA 3 ORANGE COUNTY am or the entity upon behalf of which the 41 My Comm.Exp.Apfil27,2002.1t oerson(s) acted, executed the instrument. WITNESS my hand %hand official sea[. SIGNATURE OF NOTARY OPTIONAL Though the data below is not lequ(red 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 99 - Maintenance Guarante TITLE OR TYPE OF DOCUMENT 7TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO (2) _ 0 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 `` IIll II ll II lI l II II IIIII I��III IIII�IIIII IIIII IIIII(IIIII IIII�III llll(III 1e�ee�No£68RaeR Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA r POWER OF ATTORNEY KNOW ALL MEN BY THFCE PRESfENTS:Tha,::kNSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: DONALD ROOP its mie and wkfi foil pm-ver and authority,to execute, on behalf of the Company, 5deiity and Runty bonds, undertakings, and other wntracts cf sum.taahip o1 a ai niiw nature. 'r h!s Pcwer nt granted and is signet)r;na sealed by facsinl.BF,under the ar:thanty of fl a following Resolution.adopted by the Board of Directors on,he_3rd day of F e."ruari, 1nn8, .,much::,aid Rerolutioe has nal been omandati gr rescinded and of which tile hollowing is a ta�e copy. "I !2SOLVED,that the Chai.Tan cf the 2card,the President, 311 FeecutFa:,VisPrasident or a Senior V ;e Pmsident of the Comrar-, and each of theni, s hereby autheK;ied to execute Powers of Ado?ney qualifying tho attorney named in the given Power of Attorney k,execute behai'of Ins Comp-any,fidi;lity and se,reh•bonds, unijods'.dogs,or other eonur ois of suretyship of a.simi:'ar nature;and to attach thereto the seal of the Cora-zrv:. N,ov'ded however,that the absence of the seud;:hall not.;;feet the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witr;eases,the signatures ar sl seal of ury notary, and the signatures of any ofFcera(isr fying the validity or the Power ef.n.ttorney,may be affixed by farslrrille:' IN WITNESS 64r1 EE P'FOP, INSURANCE C1CIVIPANY OF?HP'V EST nas caused these pro,=,,s to be signed by Its duty authorized p;i7eis th;r 15TH day of;OECI'a.tk2ER t999 . INSURANCE COMPANY OF THE INES' \,`rt�+w1 Jai X SATE OF CALIFORNIA � .—gnum. xccuttva Vice I Pisk enr COUNT'OF SAN DiEGC? � iiN 64fi'fi�!S:i.i3 1.rcrERl5^.7F, the urdersianec-entry trial,they are adults, and have witnessed the-signing al'dik insii urner.Y by the wincipai or .n,,:rncipaV s arkitolMedgrnert i� the aianBRlre on the,power of attgmey. pursuant to Caiirrmia PRibak!Code j-121 a,red 112:+ �. J"-rrJF'a1au; �� f / Jan�re r'a `�-.;•� CERrIFIC TF 1,John H. Craig,,r.,sm,cant Seae?ary of WSUFiANCE COMPANY OF THE l4+EST, do hereby t"rtiry that the original POWER OF ATTORNEY, of which tho foregoing is a irus copy, is still in full force ana effect, and that this certificate may be signed by facsimiie under the authority of the abouc quoted resolution. IN WITNESS WHEREOF,I have subscri'aed my name as As isiant Secretary,on this 17th day of August 2 000 INSURA EC PANY O THE WEST _� _ � ��" � _ � 4'ecxt lure• � Jo,'r n H. Craig, s ant ecretary ICVV 37 IIIII IIIIII I I II II I III I IIIII I II III II 10 e8 F2 0G 0e:00A `J 7 of 7 PLEASE COMPLETE THIS INFORMATION HOC a 2000-39!505_5 10/06/2000 08:00A Fee:NC RECORDING REQUESTED BY. Page 1 of 7 Recorded in Official Records County of Riverside Gary L. Orso AND WHEN RECORDED MAILTO: Assessor, County Clerk 6 Recorder _ FT"'F'ik['df7 TO. � I IIIIII IIIIII IIII III IIIII IIIII IIIIII III IIII IIII IIII CITY CLERK CITY OF PALM SPRINGS. rA s u PAGE SIZE DA FCOR NOCOR SMF P . U. BOX 2743 I -- PALM SPRINGS, CA. 92263 R L GOPTLONG REFUND Ne1IGK AI SC D 0 Title of Document T 'TPHILES AR FOR SE,,', OL,Y THIS PAGE ADDED 10 PROVIDE ADEQUATE SPACE_ FOR RECORDING INFORMATION ($3.00 Additional Recording Pee Applies) STC-SCSD 990a(Rev 8/97) +r • CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND BOND# 171 79 97 Premium $ 4, 879 . 00 WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOUTHLAND GROUP (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated n s , 19, and identified as project TRACT# 26364-3 , is hereby referred to and made a part hereof; and WHEREAS, Principal is required nuclei- the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and INSURANCE COMPANY of THE WEST as surety, are held firmly bound unto the City of Palm ,Springs, (hereinafter called "City"), in the penal sum of SIXTYUSIIXEANDI00 100**,T, I�SA�VD� , .Ir,�Et �. T � --Rclollars ($2is,966.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Page 1 of 2 ro. as �zco�s Fi�ae o CITY OF PALM[ SPRINGS FAITHFUL PERFORMANCE BOND BOND$ 171 79 97 Premium $ 4 , 879 . 00 WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOSZTHLAND GRQUP (herein designated as "Principal") have entered into an agreement whereby Principal agrees to install and comptete certain designated public improvements, which said agreement, dated n s , 19, and identified as project TRACT# 26364-3 , is hereby rcferred,to and made a part hereof; and WHEREAS, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and INSURANCE; COMPANY OF THE, wCST as Surety, are held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of skTrllNS°rxANfllooTioo* ffilaV * N * Y"p� dollars (.�zIa,96a.00) lawful money of the United States, for the payment of which sulu well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that i f the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment tendered. 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 salve 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. Pa(Te 1 of 2 jjUached,ur 01,16ty IIIIIIIIII III II II1 I III IIIIIII II II ]r,,©a/ 0of50a5 ean Faithful Performance Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on August 17, X 2000. THE SOUTHLAND GROUP INSURANCE COMPANY OF THE WEST Principal Surcty Attorney-in-Fact Donald Rojp ?' � .C.l i.Lll ni J + pr• Page 3 of 2 AMA 1� I ,ems c'06 RIO - �� f } STATE OF CAUFORNIA }ss. COUNTY OF 67/<''/y6E } On ��/��'' before me, ]�i7y ��TYZl9�1� ,� ,;tJ�i> y ✓�L �Ci'c. , personally appeared S� 2�G Of1L/ 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. 1 Signature J ���n� ...... si 0-5 Notary Public,ralifornia ORANGECOUNT' Commission Exp 1128/02 gyp (rhi s area for offiaul notarial soap Dille of Document Date of Document No. of Pages Other signatures not acknowledged II II II I III III I II II III II II I I IIII la/©612R6£©f3 nOR Z000-;i05055 CALIFORMA ALL-PURPOSOCKNOWLEDGMENT • State of California County of orange On August 17 , 200-0_ before me, Angela H. Albright, Notary Public OAT° NAME,TITLE OF OFFICFR-F G 'JANE DOE.NOTARY PUBLIC" personally appeared Donald Roop NAME(S)OF SIGNER(S) personally known to me - OR - ❑ px � xg�g${ x�xidrxB� 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 ANGELA H. ALBRIGHT capacity(ies), and that by his/her/their m' NOTARY PUBLIC l 178195 CALIFORNIA signature(s) on the instrument the person(s), � ORANGE COUNTY N or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. �)�❑� � ��1/� -- DSIGNATURE OF NOTARY OPTIONAL Though the data below is riot )eguired by law, it may prove valuable to persons relying on the document and could prevent fraudulem reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL THE SOUTHLAND GROUP ❑ CORPORATE OFFICER 171 79 97-Performance Bond nr)t(s) ------- T17LE OR TYPE OF DOCUMENT r ❑ 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 PERSON(S)OR ENTITY(IES) not stated Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE ICW GP 416 I IIIIII III IIIIIIIIIIII IIIIIIIIIII III III IIIII Sa eflSA25©©R 6 £ IIII III II I I III II I III II IIII III IIII II� fare�rzd as©e5e0R Insurance Company of the West HOML• OFFICE:SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOINALL MIEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: DONALD ROOP its true and lawful Ahomey(s)-in-Fact,wile htli power and authorl to execute, on behalf of the Company, fidelity and surety bonds, undertakings, acd ocher contracts of zuretyship of a similar nature. This Poever of Ahnmey is granted;n7d is signed and sealad by facsimile.under the autnorty or-he following Resolution adopted by the Board of Dirrctor on the 2Jrd day of °ebl'uar) 199F, which said Resolution has not been amended ai iescloCed and of tvhcch the following is a true ropy: "RFSOI`JED,that the Chairman of the'Doaid,the President. an Fxeuutive Vine Pret:Fdent c n Senior Vies P+resident o'the Corr:piny, an,9 e.�r;h of them, is hereby authorized to execute Pcw.ers of A;orrmy qualifying the attorney named in vleL givcn Po�v.10.r os Attumey tc execute on behalf of the Company,fidelity and surety bonds, aodertakings, or a9aar cpnuarts of saaeiyslun oi a simtiar r,:rfure;.nni+o attach iharetd Iic seal cf the Company, provided howevw,Ihat the absence of the sea!shall not affvact the varrd+ty of the inrrumsnt. FURTHER RESOLVED,that the signatures of such offca.m and the sea!of the Company. ano the signah res of any+ni;ness=s,".he signatures she' s of any ottlaiis certifying the validiiy ,of the Porwer o;Attcrnny, maybe affixed by facsimile seal of any ,nota�;;, and the signature " IN WITNESS WHEREOF, lNSUi:ANCE CONIPANY OF Ti-;[-',NEST has causeC these presents to be signed by its dol;r authorized uYcem m:l 15TH day'of DECEMBER 1939. rfc --.::r IN, INSURANCE COMPANY OF THE WF:Si' lr,Rnrnrsgp�."\1 t `(`` *nL. `\ C�nfORWR /I STATE OF CAUFORN1./1rnnu/n, Executive Dice President ` COliPE'tY OF SAN DiEGO SS. IN-r++i71VESS WHEREOF,the undersigned terrify':hr.It they are adults, and have wi:'nensed the s;g:dng of this instru�mert by thra pr;ncical or have•wimen.wd the piiw+ ipa!'s a&no+aladgment of the signature:on the polver of ahuiney, pursuant to C=Cferrda Probate Coele�ia52 i and k5s:?. �r ��=lu%v/li.�'r''.'�_�. /L'�,.74' �-.�^`rt-�`-"_ //`� //%.:I 'ytiJ....-. /�f�/�',•''.r/// y Derr "3TAUl vai.L;`rF!CT;uc reY. CEP Y II-ICA I E: I,John H.Craig,Assistant Secr;stery of IN WRANCE COhP'ANY OF THE WEST.do hereby certify that the original POWER OF ATTORI IZY, ;I w'rroh the fol'eguirlg is a true copy, is still in furl force and effect, and t'nat this certificate may be signer!by facsimilh under the authonty of the.bare+ quoted rsso,ution. IN WITNESS 4dHEREOF,I have subscribed my name as Assistant Secretary,on this 17 th day of AUgd S t 200U, iNSUR4 E C PANY O THE WEST Ix n H. Craig, ssssr,tant ecretary OW 3' � / PLEASE COMPLETE THIS INFORMATION E)OC p 2000-39"5057 10/05/2000 08:00A Fee:NC RECORDING REQUESTED BY: Page 1 of 7 Recorded in Official Records County of Riverside Gary L. Orso AND WHEN RECORDED MAILTO Assessor, County Clerk 1, Recorder CITY CITY OFEyPALR SPRINGS _ IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII III III P O . g U 2 7 4 3 M S U PAGE SIZE OA PCOR NDCOR SMF MISC PALM SPRINGS , CA. 92263 — ,.s r rrnvvu���4,4 C i aP L Copy LONG REFUND NCHG FYJN1 LGkC1� F6 C \A n� o '3 of tj Title of Document TH Aft EA �l/ R 7 O �DJE U S(�::1)FES 0NfLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STC-SCSO 996a(Rev 8/97) BOND# 171 79 98 CITY OF PALM SPRINGS Premium $100 . (MP) BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into or are about to enter into, an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated not stated 19_, and identified as Project TRACT# 26364-3 is hereby relcrred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE, we, the Principal, and INSURANCE COMPANY of THE WEST as surety, are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Two THOUSAND SIX HUNDRED SEVENTY-FIVE**DOLLARS ($ 2,675.00**'j, 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 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 adminisu 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 oblig,riion 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 true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided Page 1 of 2 I IIIIII IIIIII IIII IIIIII IIIII IIIAI IIIIII III IIIII IIII IIII ie,?ae z oca e c�ea BOND$ 171 79 98 CITY OF PALM SPRINGS Premium $100 . (MP) BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS FOR SETTING OF MONUMENTS WHEREAS, the City Council of the City of Palm Springs, State of California, and THE SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into or are about to enter into, an agreement whereby Principal agrees to set certain survey monuments, which said agreement, dated not stated 19, and identified as Project TRACT# 26364-3 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required udder the terms of said Agreement to furnish a bond for the faithful performance of said Agreement and the payment of the engineer or surveyor for the setting of said monuments. NOW THEREFORE. we, the Principal, and INSURANCE 00'M ANY of THE WEST as surety, are held and firmly bound unto [lie City of Palm Springs (hereinafter called "City"), and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Two THOUSAND SIX HUNDRED SEpENTY-FIVE**DOLLARS ($ 2,675.00**-'), 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 Sur_h work or labor, and for the completion of said setting of monuments, 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 adminisu 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 monuments and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided IPagel 1 of 2 IIIIII IIIIII IIII III II I III IIII IIIIII III IIIII III III reres06�0©f©g ue 3 a£ 7 — Agadwd For G WO' - Aaacired For GW11Y to the City evidence that the en ineer or surveyor, and all said contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement with respect to the setting Of monuments, have been paid for the setting of monuments, then this obligation becomes null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attornev'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 st huhu_ and agrees that no change, extension of time, alteration or addition to the terms of the ag! ement or to the work to be performed thereunder or the specifications accompanying the s...ne shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work of to the specifications. IN WITNESS WHEREOF. this instrument has been executed by the Principal and surety above named, on_ August 17 XRXX 2000 . _ TTJF _SOUTHLAND GROUP INSURANCE COMPANY OF THE WEST Principal Surety Attorney-in-Fact Don ld Roop on4�roms�hin,mm,.bno Page 2 of 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIII 1© ee�0of 7 F 4 fI� On } STATE OF CAUFORNIA }ss. COUNTY OF E)i All)(;G— } On g�1��02� before me, 45—X-Y personally appeared -01;Y-T& PIAZJ�z 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. WI-tNESS my hand and official seal. Signature j�a- r./,l 0 AGC�-�v1 -Z`Al$ NoiUary�Pab M. uGyl'na ' N. " 6RANGC C9NlY My Cornmisslon Exp 1128102 (This area for official riolarial soul) Tills of Document Date of Document No. of Pages Othcr signatures not acknowlleldged I I _ I II II II I III III II II IIIIIIII III inre��rs�os©7��0aa CALIFORNIA ALL-PURPOSE41KNOWLEDGMENT • Sta7CalifornjiaCoOn00 before me, Angela H. Albright, Notary Public DATE NAME.TIRE OF OFFICER-E G 'JANE DOE.NOTARY PUBLIC' personally appeared Donald Roop NAME(S)OF SIGNEMS) personally known to me - OR - ❑ �x�1sax�fsx$a�sz�ae 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 g c the same in his/her/their authorized ,;, HNGELA H. ALBRIGHT �P apacity(ies), and that by his/her/their COMM. 401178195 f NOTARY PUBLIC•CALIFORNIA o signature(s) on the instrument the person(s), ry3f ORANGE COUNT N or the entity upon behalf of which the /1 ' My Comm_Exp.April 21,2002I� person(s) acted, executed the instrument. dddd!!! WITNESS my hand and official seal. SIGNATURE OF NOTAV 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 THE SOUTHLAND GROUP ❑ CORPORATE OFFICER 171 79 98 - Monument Bond TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑TRUSTEE(SS)) FACT GENERAL TWO (2) ❑ TRUSTEE(S)* E NUMBER OF PAGES ❑ 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 I IIII I I II (IIIII IIIIAI(III IIIIAI IIIIA IIIII(IIIII III IIIII IIII IIII io 0fs©6e f'7 eer) Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA PONDER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST, a California Corporation,does hereby appoint: DONALD ROOP its True and lawful Ariarney(,^,)-in-Para,wiih fuil power and authority,tc e;ecute, on behalf of the Company,fidelity and surety bonds, undertakings.arid other contracts of sumtyship of a similar rature. This Power of Attorney is granted and is signed and se lied by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of Febmary. ?998,which said Resolution has not seen amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chmirman of the Board,the President,an Executive Vice President of a Senior Vice?resident of the Cai ncanv, and each rf them, is hereby authorsr_ed io ex ecum. Pcvers of Attorney qualifying the attorney named in the given Pouter of Adomey to oxerate on behalf of the Company,kleiii.;and,.arer,bonds, undertakings, or other contracts of suretyship of a similar nature;and to at;anh therein the seal of the Company, provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsunile." IN WITIJF_SS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be sioned by its duly authorized Officer;this I CTH day Of DECEMPER 1999. ccurer�rp`� H ' E r INSURANCE COMPANY'CF?•• E WEST `s 1T� f ,� STATE OF CALIFORNIA r— hn L. Hannurn, Execu,iUa Vice President COUNTY OF SAid S}IEGC IN W1INESS WHEREOF,the undo igned cer5fy that;hey arc adults, and have witnessed the.signing of this instrument by the principal or have witnessed tth_e` principal's acknoMedgrnent of the signature on the power of attomey, pursuant to California Probate Code§4 i2 i and 4112. Fe; �/ � _-�/• ". �- i'�jrc � rd�„/✓Cif' � ✓� / ! 7--- Y / Janfs`FheSdore CERTIFICATE: I,John H. Craig,klsistart Secretary of'INSURANCE COMPANY"OF THE WEST, do hereby certify that the oriainai POWER OF ATTORNEY, of which the foregoing is a true cagy, is still in full force and effect, and that this certifcaie may be signed by facsimile under the authodbi of the ubovE quoted resolution. !N WITNESS WFIEREOF,I have subscribed my name as Assistant Secretary,on this 17 th day of August 2000 _ _ owraxr INSURA EC PANY O THE WEST 171 _ _ y he^nreMrto a - - — n H. Craig, s ..tant ecretary ICW 37 IIIIIIIIIIIIIIIIIIIIIIII II IIII II IIII III II 10 9s`?. ©g�rGOA DOC = 2000-39s056 10/06/2000 08:00A Fee:NC PLEASE COMPLETE 11-II8 INFORMA'r10N Page 1 of 6 Recorded in Official Records RECORDING REQUESTED BY. County of Riverside Gary L. Orso Assessor, County Clerk d Recorder AND WI TEN RECORDED MAIL TO: I IIIIII IIIIII IIII IIIII(IIII IIIII II III IIIII IIII III CITY CLERK CITY OF PALM SP'R,INGS, — — A L M B O X 2 7 4 3 M S D RE SIZE DA pCaR NOCOR SMF N115C P . U . BU �-� = _ _ P RINGS , CA. 92263 V / a NAL ��)I A R L COPY LONG REFUND WIG EYJJ.1 u f,l 1 f °may �u Title of Document rT- `H- 1zS AREA F R RE&, E S U L O 1��.J �I�`� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) STC-SCSD D96a(Rev 8/97) BOND# 171 79 97 CITY OF PALM SPRINGS ND Premium is included in LABOR AND MATERIALS BO the Performance Bond. WHEREAS, the City Council of the City of Palm Springs, State of California, and _ THE SOUTHLAND GROUP (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated not stated , 19_, and identified as project TRACT# 26364-3 is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid ageement and ONE HUNDRED NINE THOUSAND UR HUNDRED referred to in the aforesaid Civil Code in the sum of EIGHTY-THREE AND 00/ 00** *', ********dollars ($I09,483.00** , 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 III II IIIIII II I I I I I I I II III III Tara©0 00�63600A 2 0£ 6 Labor and Materials Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Auaust 17 A gcx 2000 , THE SOUTHLAND GROUP INSURANCE COMPANY OF THE WEST Principal Surety 00 Attorney-in-Fact Donald Roop Page 2 of 2 IIII III III III III IIII IIIIII III IIIIII III III 1©06�13 ©£JO�h�F1R A M - E Ole'a, . ;;t -A/A } STATE OF CALIFORNIA }ss. COUNTY OF 0/- 4,4d >L— } r On ��5'�� J before rne, personally appeared S% ZWI�5V personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware 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 ��� �l ✓W ii�6� COMM ;19960552 Nolaly Pubic California a� ORANGE C01JNN My Commission Exp 1128102 pn� (I his area for ollioal nolarial seal) I illo of Documonl Date of Document No. of Pages _ Other signatures not acknowledged _ IIIIII IIIIII II I IIIII IIIII IIIII IIIIII III IIIII IIII IIII 10,©E0f4Rof 6 06R CALIFORMA ALL-PURPOACKNOWLEDGMENT 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 - ❑ Ioaax � c ofxsa�sfrx�aidel 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 9O.- :rl) ANGELA H. ALBRIGHTCMM. #1178195capacity(ies), and that by his/her/their NOTARYPUBLIC-CALIFORNIAosignature(s) on the instrument the person(s), DRANGE COUNTY n�My Comm.Exp.April 27.20D2,IP or the entity upon behalf of which the 111111III111 P' person(s) acted, executed the instrument. WITNESS my hand and official seal. Cm r/x_- SIGNATURE OF NOTARY 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 THE SOUTHLAND GROUP ❑ CORPORATE OFFICER 171 79 97 — Payment Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ❑X 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 ICW GP 416 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIAIIIIIIIIIIIIIIIIII ra�0e�5 eoe6 e aea I Rwo--395056 !IIIIII IIIIIIIIIIIIIIIItoIIIIIIIIIIIIIIIIIJ IIII 1°-eEr6Fenl£e-`ae� Insurance Cornpany of the West HOME OFFICE:SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNI.—rPf ALL MEN BY 1"HESE PRESENTS:That!NSURANCE COMPANY OF THE WEST, a California Corporation,does hereby appoint DONALD ROOP Cwe and im-,,tul Attornayt..0 ;,-`out. uMh full power and auihoMy,to execute,on behalf of the Company,fidallty and surety bonds,undertaker, a-- o..ther contramr,of surely.:.hJ�of s srrniiar nature. Ferrer cf Attorney is m,nmd and is signed and-,naiad ny f..lrs;mi;a under the authonly of the following Re�cluliun adopted by the Board of Girer..tors on the 1.3t;day m Fclm;ary. '199&.which said ResaiuGon has not teen amended or roscirded and aP v:hic`;;:fir Yltovrrrg 13 a true copy: 'RE ti'iL:'En,that tt=e C".5.rirtnan of the Soard,the Pr=sPdenf, a. - &CUtine Vine Prey.;dent of a Serricr'Vim PrPsid,Ln!of the Company, and each of tnen, is heje't,v aul:Ix,naed !o exeadv !rowels of Attorney qua!ff!ing the attoms`v aarued in llma given Power of Attorney to execute or,beha'c"r fr,a Ccntparry,fn3elily and suJ*?y bcaae,, undarialaras,of ether cont:acs of s;uretysni;5 oaf a similar nahln5:; and".c attach them1to the seal bf tPnc Cornp;r,y': ;JI'CiVild LI ha.VsVor, ilia f'9rr vbsanca of the -1haa not afiact the validity of the insirumant. FURTHER RESOLVED,inat tree si;7¢'.ature2i of such offers And lie sez!of the Company,and thr,signatures of any witnesses,the signatures and sea;of any rwtar/,ano the signatures of airy officers m r it'yina the vafiriic;of the:Pflwcr o4,4ttorney, raav be af8::ud by fasimile." !N'PE MESS WHET IF-C F, !NSURA Nr CO;VPANY OF THE tP,'E5IS37 has caused these❑Iezarits to tie signed by;ts dug,qulhorired ofnezrs:hie. t c TH day of DECEhtEER 1999. ✓,.'�au,vFn`F`, INSURANCE COMPAMY OF THE WEST r' 7 , S'r'ATE Or CAI-HiORNIA - ,Ibhn L. lannwri, EXCCfaf ve..tries;Prer,ide:nt `i,)UNTT OF SAPi D!EGC \ 1 lfJ L11iT�:ES 4.7{£R!`iC;",the Undersigned cerb- that:ley ore adults, and ha're wa::esaed she sicnin- of this rostrum.:rt , � ' I or r rt: y ;yffti�arc.ca ho,e witnessed the prinr_ip ai'a at krrowlr.dohieni of the signerure on the power or attomay, pursuant to G.iiii;!via Probata Cade §4i11 uhd M1S2i. \�.. "'' L,Icnr"F`efaui 'r —l-.,-r �-✓"�" / l//J r "<r ��J .,t� '.,: :7� ,t;�' CERTiF iCATE: 1. -hn h!,cra'g,Assistant Oc.retarr nF li'ifsl)!r4ti'CE COfJiRANY OF'fHE W'3ST, ;bite-l•%y ccrtif;^that the orig�ital F'O41(ERt q=ArTOA:ttik Y- of: d. which Gn-iuu:gcina_ is a true cepv, is sti!I in fu:i 6rre and effect, and that this certificate m vy be signed by racwirnlbe under thin atdholity dt;hc abo•,r• quoted resolUian. IN V-0TNESS WHEREOF,I have subscribed:rr;name as Assistant Secretary,on this 17 t.h day of August. 2 0 0!) !NSURa.Y�IC,E C PANY O THE WEST H.Craig, d ant ecretary ICW37