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Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk & Recorder
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A R L COPY LONG REFUND INCHG EXAM
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
Araby Estates
CITY OF PALM SPRINGS Subdivision Improvement
AGREEMENT#4184
and CM approved, 12-15-99
ARABY ESTATES, LLC
0 TABLE OF CONTENTS
1 .Construction Obligations.................................................. 1
1 .1 Works of Improvement,................. .............. 1
1 .2 Other Obligations Referenced in Conditions of
Tentative Map Approval_.................. .............. 2
1 .3 Intent of Plans................................. ................... 2
1 .4 Survey Monuments................................................ 2
1 .5 Performance of Work....................... 3
1 .6 Changes in the Work........... ......................... ....... 3
1 .7 Defective Work...................................................... 3
1 .8 No Warranty by City............................................... 3
1 .9 Authority of the City Engineer................................. 3
1 .10 Documents Available at the Site.............................. 3
1 .11 Inspection............................................................. 3
1 .12 Compliance with Law............................................. 4
1 A 3 Suspension of Work............................................... 4
1 A 4 Final Acceptance of Works of Improvement.............. 4
2. Time for Performance....................................................... 5
2.1 Commencement and Completion Dates.................... 5
2.2 Phasing Requirements............................................ 5
2.3 Force Majeure....................................................... 5
2.4 Continuous Work................................................... 6
2.5 Reversion -to Acreage............................................. 6
2.6 Time of the Essence............................................... 6
3. Labor............................................................................. 6
3.1 Labor Standards.................................................... 6
3.2 Nondiscrimination.................................................. 6
3-3 Licensed Contractors............................................. 7
3-4 Workers' Compensation......................................... 7
4. Security......................................................................... 7
4.1 Required Security.................................................. 7
4.2 Form of Security Instruments..................._.... ....... 8
4.3 Subdivider's Liability.............................................. 9
4.4 Letters of Credit.................................................... 9
4.5 Release of Security Instruments.............................. 10
5. Cost of Construction and Provision of Inspection
Service.......................................................................... 1 1
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5.1 Subdivideroponsible for All Related Costs ofo
Construction......................................................... 11
5.2 Payment to City for Cost of Related Inspection
and Engineering Services........................................ 11
6. Acceptance of Offers of Dedication................................... 11
7. Warranty of Work............................................................ 11
8. Default.........................'.................................................. 12
8.1 Remedies Not Exclusive.......................................... 12
8.2 City Right to Perform Work_...........................___ 12
8.3 Attorney's Fees and Costs...................................... 12
9. Indemnity....................................................................... 12
10 General Provisions........................................................... 13
10.1 Successors and Assigns.:....................................... 13
10.2 No Third Party Beneficiaries.................................... 13
10.3 Entire Agreement; Waivers and Amendments..,........ 13
11 . Corporate Authority......... ............... . ....................... 13
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SUOVISION IMPROVEMENT AGREENAW
THIS SQ13DIVISION I REEMENT (this "Agreement") is entered
into this S- - ROVEMENT AG
day of 199 q , by and between the CITY OF
PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and
ARABY ESTATES. LLC ("Subdivider")-
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract No. 29135 in the City of Palm Springs, County of Riverside, State of
California (the "Property"). The map contains conditions of approval for the
development of the Property (the "Conditions").
B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication
to City the easements shown on the Map as Lot(s) "A, B, and C". City desires to
accept the easements shown on the Map as Lot(s) "A, B and C" for emergency use and
utilities, 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 referred to
herein as the "Plans"). The estimated construction cost for the Works of
Improvement is $233,230.01 .
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1 .2 Otte0bligations Referenced in Condws 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).
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
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Subdivider's con&tor in writing (by Correction latice) 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 flans. If 'the City inspector requests
it, the contractor at any time before acceptance of the Works of Improvement
shall remove or uncover such portions of the finished work as may be directed
which have not previously been inspected. After examination, the contractor
shall restore said portions of the work to the standards required hereunder.
Inspection or supervision by the City shall not be considered as direct control of
the individual workmen on 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
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Improvement to completed in accordance with alder 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.
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 Oi) 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,
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Subdivider shall Oide satisfactory evidence that a0plicable 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 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 no-t 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 or 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.
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3.2 No crimination. Subdivider agreshat no contractor or
subcontractor performing any of the Works of Improvement shall discriminate
against any employee or prospective employee with respect to such work in
hiring, promotion, seniority, or any other terms and conditions of employment on
the grounds of race, creed, color, national origin, ancestry, religion, sex, or
marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid
California Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor
and subcontractor performing any of the Works of Improvement to carry
Workers' Compensation Insurance as required by the Labor Code of the State of
California and shall cause each such contractor and subcontractor to submit to
City a Certificate of Insurance verifying such coverage prior to such contractor or
subcontractor entering onto the job site.
4. Security.
4.1 Required Security.
(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 $355,892.00
estimated construction costs listed in Section 1 .1 .
Oil 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 $177,946.00 of the estimated construction cost
referenced in Section 1 .1 .
(iii) A Security Instrument guaranteeing the payment of the
cost of setting monuments as required in Section 1 .4 in the amount
of $3,075.00 of the estimated monumentation cost.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
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(b) Oquired Security Instrument for Menance 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
$58 3� of the estimated construction cost set forth in Section 1 .1 or
a suitable amount determined by the City Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in
the amounts required under Section-4.1 (a) or 4.1 (b), as applicable, shall meet
the following minimum requirements and otherwise shall be in a form provided
by City or otherwise approved by the City Attorney!
(a) Bonds. For Security Instruments provided in the form of
bonds, any such bond must be issued and executed by an insurance
company or bank authorized to transact surety business in the State of
California. Any insurance company acting as surety shall have a minimum
rating of A-IX, as rated by the current edition of Best's Key Rating Guide
published 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).
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Oii) Each Security Instrument shave 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 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 (11 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 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 •t'o evidence the creation and perfection of
City's security interest in such account-
2000-017759
4.5 Rele*of Security Instruments. •
(a) City shall release the Faithful Performance Security Instrument
and Labor and Materials Security Instrument when all of the following
have occurred:
(i) Subdivider has made written request for release and
provided evidence of satisfaction of all other requirements in this
Section 4.5;
Ni) 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 31 14) of Chapter 2 of Title 15
of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials
Security Instrument until such claims have been resolved,
Subdivider has provided a statutory bond, or otherwise as required
by applicable law.
(b) City shall release the Maintenance and Warranty Security
Instrument upon Subdivider's written request upon the expiration of the
warranty period, provided no claims are outstanding at that time regarding
defective work.
5. Cost of Construction and Provision of Inspection Service.
5,1 Subdivider Responsible for All Costs of Construction. Subdivider
shall be responsible for payment of all costs incurred for construction and
installation of the Works of Improvement. In the event Subdivider is entitled to
reimbursement from City for any of the Works of Improvement, such
reimbursement shall be subject to a separate Reimbursement Agreement to be
entered into between Subdivider and City prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering
Services. Subdivider shall compensate City for all of City's costs reasonably
incurred in having its authorized representative make the usual and customary
inspections of the Works of Improvement. In addition, Subdivider shall
compensate City for all design, plan check, evaluating any proposed 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,
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including withou&itation, charges for applicable welties 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 backf ill 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 replacement's 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.
S. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement
provides a specific remedy to City for a default by Subdivider hereunder, such
remedy shall be in addition to, and not exclusive of, City's right to pursue any
other administrative, legal, or equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider
shall fall 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 shell 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 Attorne '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,
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including costs oeit and reasonable attorney's fees.Ohe 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 lass 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.
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.
11 . Corporate Authority. The persons executing this Agreement on
behalf of the parties hereeto warrant the (1) such party is duly organized and
1 ]
IIIIIIIIIIIIII IIIIIIII III III IIIII II av�ea0sate s
14 of 24
existing, (ii) thev duly authorized to execute and over this Agreement on
behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into of this
Agreement does not violate any provisions of any other Agreement to which
said party is bound.
12 I I II I
IIII Illl l 111 1 I III I I III III I� All III iAAA15-aof 2 of4
IN WITNESS WOEOF, the parties hereto have auted this Subdivision
Improvement Agreement as of the date first above written.
DATED:
r
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Patricia A. Sanders`tity Clerk Dallas Flicek, Acting City Manager
APPROVED AS TO FORM:
APPROVED BY THE CITY COUNCIL
BY RES. NO. Q 1.2-1s499
City Attorney
SUBDIVIDER
Araby Estates LLC
(Check One: individual, _X_ partnership
corpora ' n)
(Notarize Signature) By:
Dennis L_ Freeman, Managing Partner _
Print Name and Title
(Notarize Signature) By:
Print Name and Title
"Subdivider"
Mailing Address:
Araby Estates, LLC
72880 Fred Waring Drive, Suite C-13
Palm Desert, CA 92260
13 111111111111111111111111111111111111111111111111111111 @1'1 8/2000�08900fl
6of 24
CALIFORNIA ALL-PUMOSE ACKNOWLEDGMENT
State of �2!
County of
On ��; � before me,
Dais / Noma am Tns of Oeear le.g.-."Jail,Ooa Nonry Prow,
personally appeared 1�C�LJ�CJ/5 .Q�ErY/ _
NamaW el 6gnegs�
❑personally known to me—OR-proved to me on the basis of satisfactory evidence to be the person(s)
whose named is/arv,-"subscnbed to the within instrument
and acknowledged to me that he/91y6/thyexecuted the
same in his/H�Cth4iuthorized capaclMi6seand that by
his*F/th*rsignature Won the instrument the person(w
or the entity upon behalf of which the person($Kacted,
r DIAPfC,C.TE-UHJ E�; executed the instrument.
U CClVNI;123$491
-^NOTARYPOSLIC-CALIFORNIAL) WITNF S my hand and official seal.
1 RIVERSIDE COUNTY O
CON7P:7.E:(P.SEPT,2C,20p3''
-- Signawn o� iary ooic
w OPTIONAL
Thougn me information below is not required by law, if may prove valuable to persons relying an me document and cou d prevent
fraudulent removal and reanachment of this form to another document.
Description of Attached Document
Title or Type of Document.
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Tide(s): Title(s):
❑ Partner r❑ Limited ❑ General ❑ Partner--❑ Limited ❑ General
❑ Attorney--A-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardan or Conservator ;•
❑ Other: Top oI thumb here ❑ Other: Top of chump here
Signer Is Representing: Signer Is Representing:
ol9 Naiwnai Nniarysss al •309Rammatsrs. PO &r,Intl+•Cawga Pvk,Ca9��I9divaI IIII III PI -N...I597I II Puamu'C,rW4Prss rv60a-876-"27
IIIIII IIIIII III IIIIII AI AIA AAI Al A A I A 61nsNr0 ee8'OB DOR
-- --_ - - 17 of 24
CALIFORNIA ALL-PURPO11 ACKNOWLEDGMENT •
State of
County of
On /O—2 clop before me,-F-J L.
Date Nama+ndGnla afOrci „� �'� '
(c'-g.,"n.Doe eery 611c
personally appeared and n
Namo(sI of al —"te sa '
gner(s)
impersonally known tome—ell revel �aeeattie�asi�ef�aTf ey gr�to be the person(s)
whose nary is{are subscribed to the within instrument
and acknowledged to me that W5t */they executed the
same in hisheetheir authorized capacity(ies),and that by
Atsdl erq'their signature(s)on the instrument the person(s),
y oaf or the entity upon behalf of which the person(s) acted,
ELf;IPlE L.WEDEKIND executed the instrument.
U Comm tk 12D6994
NOTARY PUBLIC-CALIFORNIA0
RIVERSIDE COUNrr D WITNESS my hand and official seal.
COMM.EXP.r•Ea.3,2003
SI olure of Notary Pubic j
OPTIONAL,
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name; Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—q Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator H ❑ Guardian or Conservator
❑ Other: Top of thumb bore ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
®1994 National Nelary Awoclatlon•6236 Rommot Ave. P.O.Box 7184•Canoga Pirk,CA 91309-7lu Prod.No.5907 Rcoidon Cell Tall-Free 1.900-876-6027
11111111111111111111111111111111111111111111111111111111 afna 0 eof 29ataR
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.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) 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. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, rehnburscmenr agreements, etc. required by these
conditions.
MORONGO TRAIT.
3. Dedicate an additional right-of-way to provide the property line -corner cut-back at
BOTH SIDES OF THE INTERSECTION OF MORONGO TRAIL WITH
PRINCESS LANE, TECOPA LANE AND AT TIIE NORTHEAST corner of the
subject property in accordance with City of Pahn Springs Standard Drawing No.
105,
4. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
5. Construct a minimmn 5 foot wide sidewalk behind the curb along the entire
frontage, inclusive of the frontage of APN 510-130-032 in accordance with City of
Palm Springs Standard Drawing No. 210.
b. Construct a curb ramp meeting current California State Accessibility standards at the
NORTHEAST corner of the subject property and on both sides of the Princess Lane
and Tecopa Lane intersection with Morongo Trail per City of Pahn Springs Std,
Dwg. Nos. 212 and 212A.
7. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete over 6 inch aggregate base with a minimum subgrade of 24 inches
at 95% relative compaction, OR equal, from edge of existing gutter to centerline
14
IIIIIIIIIIIIIIIIIIIul III;III IIIIIII III IIIIII111111II ax s/19 -f' 24
along the A frontage in accordance with City of Posprings Standard Drawing
No. 110 and 315. The pavement section shall be designed, using "R" values, by a
licensed Soils Engineer and submitted to the City Engineer for approval.
All broken or off grade CURB AND GUTTER shall be repaired or replaced.
ARABY DRIVE
8. Dedicate an additional right-of-way to provide the property line - corner cut-back at
the INTERSECTION OF ARABY DRIVE. WITII SULTAN CIRCLE in
accordance with City of Palm Springs Standard Drawing No. 105,
9. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimtun widths of 10 feet.
10. 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.
11. Construct a curb ramp meeting current California State Accessibility standards on
both sides of the intersection of Sultan Circle with Araby Drive per City of Palm
Springs Std. Dwg. Nos. 212 and 212A.
12. Remove and replace existing pavement with a minima rn pavement section of 3 inch
asphalt concrete over 6 inch aggregate base with a minimum subgrade of 24 inches
at 95% relative compaction, OR equal, from edge of existing gutter to centerline
along the entire frontage in accordance with City of Palm Springs Standard Drawing
No. 110 AND 315. The pavement section shall be designed, using "R" values, by
a licensed Soils Engineer and submitted to the City Engineer for approval.
All broken or off grade CURB AND GUTTER shall be repaired or replaced.
PRINCESS LAN]CA. TECOPA LANE SULTAN CIRCLE
13. All cul-de-sacs shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 101, curb portion only.
14. The tract shall be redesigned to mitigate the impact on the existing improved lot and
the creation of the portion of lot 8 north of the cul-de-sac.
15. Construct a 6 inch curb and gutter, 18 feet BOTH SIDES of centerline along the
entire frontage, with a 35 foot radius curb rerun at the intersections with Morongo
Trail and Araby Drive per City of Palm Springs Standard Drawing No. 200.
16. Construct the EAST AND WEST halves of a 6 foot cross gutter and spandrel at the
intersections of PRINCESS LANE AND TECOPA LANE and MORONGO TRAIL
with a flow line parallel to the centerline of MORONGO TRAIL in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
I 15 I II I
III II IIIIII III IIII III II III IIIIIII IIIIIIIIII II IIII ?$ °1
�t f 2 MA
4
17. Construct SORTH AND SOUTH halves of a 6 foross gutter and spandrel at
the intersection of SULTAN CIRCLE and ARA13Y DRIVE with a flow line parallel
to the centerline of ARABY DRIVE in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
18. The driveway approaches shall be constructed in accordance with City of
Palm Springs Standard Drawing No. 201 and have minimum widths of 10
feet.
19. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
20. Construct AC 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
proposed edge of gutter along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 300. The pavement section shall be
designed, using "R" values, by a licensed Soils Engineer and submitted to the City
Engineer for approval.
SANITARY SEWER
21. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
22. Developer shall construct an 8 inch sewer main across the entire PRINCESS
LANE, TECOPA LANE, AND SULTAN CIRCLE. frontages in accordance with
the Master Plan of Sewers and connect to the existing sewer system at MORONGO
TRAIL AND ARABY DRIVE.
TRAFFIC
41. The developer shall provide a minimiun of 48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above-ground facilities for handicap
accessibility.The developer shall provide wine tluough 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 MORONGO "TRAIL, ARABY DRIVE, PRINCESS LANE,
TECOPA LANE and SULTAN CIRCLE frontages of the subject property.
42. Street name signs shall be required at each intersection in accordance with City of
Pahn Springs Standard Drawing Nos. 620 through 625.
43, 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:
II 16 IIII I I I
III II III�II II II I III II II IIIIIII I III I I I IIII d120are sQfo!4 aR
SE Cor. Mago Trail @ Princess Lane
SE Cor. Morongo Trail @ Tecopa Lane
SW Cor. Araby Drive @ Sultan Circle
44. 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 WORT
ZONES" dated 1996, or subsequent additions in force at the time of construction.
EXHIBIT "A"
TO SUBDIVISION IMPROVEMENT AGREEMENT
17
IIIIII IIIII�IIIIII III IIIIII III II�II�I III IIIIIII II IIIII N1 Zag220£024Glop
City of Palm Springs
Transportation Department
y Engineering Division
3200 Tahquitz Canyon Way East
Palm Springs, CA 92262
Phone: (760) 323-8253
Fax: (760) 322-8360
MEMORANDUM
Date : Larch 4, 1999
TO : Steve Hayes, Pl��gqanner
From: Marna Van Horn, V Engineering Associate
Subject : Amendments to Conditions of Approval for TTM 29135
The following conditions have been amended to read as follows :
MORONGO TRAIL
6. Construct a curb ramp meeting current California State
Accessibility standards at the NORTHEAST corner or the
subject property per City of Palm Springs Std. Dwg- Nos . 212
and 212A.
6A. Construct a curb ramp meeting current California State
Accessibility standards on both sides of the Princess Lane
and Tecopa Lane intersections with Morongo Trail per City of
Palm Springs Std. Dwg. Nos . 214 and 212A.
ARABY DRIVE
11 . Construct a curb ramp meeting current California State
Accessibility standards on both sides of the intersection of
Sultan Circle with Araby Drive per City of Palm Springs Std.
Dwg. Nos . 214 and 212A.
PRINCESS LAME, TECOPA LANE, AND SULTAN CIRCLE
Delete No. 14 and refer to Planning Department No. 15, a for the
design of Tecopa Lane.
1
I�IIII��I�I�IIIIII I��III�I II IIII��I III��IIII�I IIIII 20a0-00753
0' 2°o£024
15 . Construct a 6 inch curb and gutter, 16 feet BOTH SIDES of
centerline along the entire frontage, with a 25 foot radius
curb return at the intersections with Morongo Trail and Araby
Drive per City of Palm Springs Standard Drawing No. 200 .
Delete No. 19
TRAFFIC
41. 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 MORONGO TRAIL and ARABY DRIVE
frontages of the subject property.
2
I�IIII III�I�IIIIII III IIII�I III�IIII�I III��IIIII II IIIII 01/18MO-0177591 0 24 af24
CITY OF PALM SPRINGS Bond Na . SD00086597
FAITI4FUL PERFORMANCE BOND Premium: $8 , 897. 00
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
- Araby Estates , LLC (herein designated as "Principal") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated , 19, and identified as project
Araby Estates , is hereby referred to and made a part hereof, and
WHEREAS, Principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
NOW, THEREFORE, we, the ,Principal and RO91UL N PACIFIC as surety, are
Weld f�otgd uo Ci , fpaltn Sprints, (hereinafrer called "City"), in the penal sum of
T�mdxer3 n r i,, 1R.,, 011 0________9_�_ dollars (&255,8� 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 harraless 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 fall 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
f
Faithful Performance Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on Nmalber 1819_99
Araby Estates, LLC
FRONTIER PACIFIC TNSURANCE COMPANY-- --
Principal Surety
tlttorney-in-Fact, Caroline L. Brow-ri-
Page 2 of Z
7-1-ROINTIER = _-
INSURANCE COMPANY
(A California Company)
4250 Executive Square,Suite 200,La Jolla,Collfornla 92037
POWER OF ATTORNEY
�1.4notP'�tl�'i'Tcn �llu Lhrsr�'�n•sruta:That FRONTIER PACIFIC INSURANCE COMPANY a California Corporation,having Its principal office
in La Jolla,California pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November, 1991
"RESOLVED,that the Chairman of the Board,the President or anyvlce President be and hereby Is authorized to appoint Attorneys-in-
Facto represent and am f or a nd on behal I of the Company to execute bonds undertakings,recogmzances and other contracts of Indemnity
and writings obligatory In thu nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of Its surety
business;
IACKNOWLEDGMENT OF CORPORATE SURETY
J
STATE OF Nevada
County of Clark as
On this 18th day of November 19 99 before me
appeared Caroline L. Brown to me personally known, who
being by me duly sworn, did say that he is the a oreaaid officer or attorney in
fact of the FRONTIER PACIFIC INSURANCE COMPANY a corporation; that the seal
affixed to the foregoing instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation by
Officer acknowledged said instrument to be
the aforesaid officer, by authority of its Board of Directors, and the aforesaid
Lion. the free act and deed of said corpora-
My Commission Expires 4_
Notary Public
DO 19 Clark County, Nevada
: DAVID B .JCHNSON
~ Nv7TA,9Y PUBLIC 9
CSC-C-230-B0(8/90) `0 SlafeofNevada 4
9fr4101 County of Clarlf �I,
MY Commisslon Expires Aug 9-2�D I
- San Diego County --
mvCclnri ipIres Aug 4,2➢02 - 1.
Signature of Notary
Corporation Acknowledgement
I theunderslgned Joseph P.Loughlin Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify thatthe original POWER
OF ATTORNEY,of which the foregoing Is a full, true and correct copy Is In full force and effect.
IN WITNESS WHEREOF I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of
the Corporation this--Ith day of NOVernber 1g99•
�Q.c insyq�ryCM � /f
JOiiisOIrA��
G<"ex"'y?+ Joseph P.Loughlin,Secretary
FM19-5002A-FP(12/96) """"' w-t29Y5-rv96aom
CITY OF PALM SPRINGS Bond No. SD00086597
LABOR AND MATERIALS BOND premium: N/A
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Araby Estates , LLC (hereinafter designated as "principal") have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated , 19_, and identified as
project Araby Es to Les is hereby referred to and made a part
hereof; and
WHEREAS, under the terms of said agreement, principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
Palm Springs to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety, are held
firmly bound unto the City of Palm Springs and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement and
referred to in the aforesaid Civil Code in the sum of one Hundred Seventy Seven Thousand Nine
Hundred Forty_ six dollars ($ 177,946.00 ), 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 l of 2
Labor and Materials Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on November 18 , , 1999
Araby Estates, LLC
FRONTIER PACIFIC INSURANCE CpM-PANY
Principal Surety
Attorney-in-Fact, Caroline L= Brown = _
Page 2 of 2
=RONTIER =��=
INSURANCE COMPANY
(A California Company)
4250 Bxecuhve Square,Suite 200,Lo Jolla,California 92037
POWER OF ATTORNEY
N tiviU All Ilivli All Ch est-Ill me Olt t0;That FRONTI EP PACIFIC INSURANCE COMPANY a California Corporation,having its principal office
In La Jolla,California, pursuant to the following resolution adopted by the Board of Directors of the Corporation on the 15th day of November 1991
RESOLVED,that the Chairman of the board,the President,or any vice President be,and hereby is,authorized to appoint Attorneys-m-
Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,reeognlzances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company. In the transaction of its surety
business
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF Neva
da )
County of Clark ) ss
On this 18th day of November 19 gg , before me
appeared Caroline L. Brown to me personally known, who
being by me duly sworn, did sayy that he is the aforesaid officer or attorney in
fact of the FRONTIER PACIFIC INSURANCE COMPANY a corporation; that the seal
affixed to the foregoing instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation by
the aforesaid officer, by authority of its Board of Directors; and the aforesaid
officer acknowledged said instrument to be the free act and deed of said corpora-
r tion.
IMy Commission Expires
Notary Public
0 19 Clark County, Nevada
11
OAVID L.JOHNSON
`I NC T k9Y(UBLiC
CIC-C-230-6D(8/90) '7 SlafeofNevada
96-4101.1 County of Clark l'i
My Commission Expires Aug,26,2000I
San Dfego County
WC.orYn_EVkmAu96,2=f ---- - �I 1 -
Signature of Notary
Corporation Acknowledgement
I,the undersigned,Joseph P.Loughlin Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify thatthe original POWER
OF ATTORNEY of which the foregoing Is a full true and correct copy,is in full farce and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of
the Corporation this 16th day of _ NOV erriber 79 q
14"e'y ixeoNW�
• i =,yLYz,= � r
Joseph P.Loughlm,Secretary
FM19.5002A-FP(12196)
Wts�25-1IrB8-iom
CITY OF PALM SPRINGS Bond No. SD00086597
Premium:
BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS
WHEREAS, the City Council of the City of Palm Springs, State of California, and
Araby Estates, LLC (hereinafter designated as 'Principal") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated 19, and identified as Project
Araby Estates is hereby referred to and made a part hereof; and
WHEREAS, Principal is required under the terms of said Agreement to maintain and
guarantee the costs or repair and/or replacement of defective materials or defective workmanship
in such improvements, which guarantee shall remain in effect for a period of one (1)year from date
of acceptance of work by the City o f 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.
FRONTIER PACIFIC
NOW THEREFORE, we, the Principal, and TNSTTRANCE COMPANY - as surety,
are held and fitly 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 Fi I ty Eight
Thousand Three Hundred Seven 50/10CDOLLARS ($58 , 307 .5p, lawful money of the United States, for
replacement and,repair of any and all defective materials or defective workmanship within said
improvements, and the payment of all materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor in
connection with any such maintenance or warranty, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally,
firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons,companies and corporations entitled to file clahns 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
7--RONTIER =A m
INSURANCE COMPANY
(A California Company)
4250 Executive Square,Suite 200, La Jolla,California 92037
POWER OF ATTORNEY
K ativ all Airtl III That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation having its principal office
in La Jolla California, pursuant to the following iesolution adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
RESOLVED that the Chairman of the Board the President,or any Vice President be and hereby Is authorized to appoint Attorneys-in-
Fact To represent and act forand on behalf of[he Company to execute bonds undertakings redognizances and ocher contracts of indemnity
and writings obligatory In the nature thereof, and To attach Thereto the corporate seal of the Company In the transaction of Its surety
business
RESOLVED that the s-itInalures and atleslations of such officers and the seal of the Company maybe affixed to any such Power of Attorney
f111IrnII, .ionalures or facsimile
IACKNOWLEDGMENT OF CORPORATE SURETY
1
STATE OF Nevada
County of Clark as
On this 18 th day of November 19 99 , before me
appeared Caroline L. Brown to me personally known, whobeing by xne duly sworn, did say that he is the a oresaid officer or attorney in
fact of the FRONTIER PACIFIC INSURANCE COMPANY a corporation; that the Seal
affixed to the foregoing instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of Said corporation by
the aforesaid officer, by authority of its Board of Directors; and the aforesaid
officer acknowledged said instrument to be the free act and deed of said corpora-
tion.
My Commission Expires
Notary Public
O 19 Clark County, Nevada
Y : DAVID L.JOHNSIO J
. ^� NCTFT(PUBLIC
CIC-C-230-B0(8/90) r. State of Nevada I
96-0.101-t CounhrofClark
My Commission Expires Aug.26,2000�
*Corrm.Bores Aug 6,2Lt72
Signature of Notary
Corporation Acknowledgement
I the undersigned,Joseph P Loughlin Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY of which the foregoing is a full true and correct copy,is in lull force and effect
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary and affixed the Corporate Seal of
the Corporation this 18th day 01___NQVL1LLLeY_,19_q9.
ury=s=
?O �rronay Yi
r� V Joseph P.Loughlin,Secretary
FM19-5002A-FP(12/96)
•
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
FOR SETTING OF MONUMENTS Bond No-SD00086598
Premium: 10 0. 00 _
WHEREAS, the City Council of the City of Palm Springs, State of California, and
D.L. Freeman, . Inc: (hereinafter designated as "Principal") have entered into or
are about to enter into, an agreeixwnt whereby Principal agrees to set certain survey monuments,
which said agreement, dated 19_, and identified as Project Araby
Estates , is hereby referred to and made a part hereof, and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond
for the faithful performance of said Agreement and the payment of the engineer or surveyor for the
setting of said monuments.
FRONTIER PACIFIC
NOW THEREFORE, we, the Principal, and INSURANCE COMPANY as surety,
are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all
contractors, subcontractors, laborers, materialmen, and other persons employed in the performance
of the aforesaid Agreement with respect to the setting of monuments, in the penal sum of Three
Thousand Seventy Five NO/100DOLLARS ($3,075.00 ), lawful money of the United States,
for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, and for the completion of said setting of
monuments, that said surety will 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 Me 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 trade 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
0
0 1-
to the City evidence that the engineer or surveyor, and all said contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement
with respect to the setting of monuments, have been paid for the setting of monuments, then this
obligation becomes null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety
above named, on November 18th , 19 99
D.L. Freeman, Inc.
.FEQNTIER PACIFIC INSURANCE CQ1MANY
Principal surety -
Attorney-in-Fact , Caroline L. arGgdl- ___-,-
e+t\(oms\IaiWmon.LM
Page 2 of 2
ILRONTIER ffia ==
IN$LIRANCE COMPANY
(A CnJifornio Company)
4250 Executive Square.Suite 200, La Jollo,California 92037
POWER OF ATTORNEY
EIobt HHru iiiii Lhrsr jJrrseufu:That FRONTIER PACIFIC INSURANCE COMPANY a California Corporation having its principal office
in La Jolla California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 151h day of November,1991
n ESOLVED that the Chairman of the Board,the President or any Vice President be,and hereby is,authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of Indemnity
and writings obligatory in the nature thereof and to attach thereto the corporate seal of the Company in the transaction of its surety
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF Nevada
County of Clark as
On this 18th day of November , 1999
before me
appeared Caroline L. Brown to me Personally being by me duly sworn, did say that he is the aforesaid officer or attorney who
fact of the FRONTIER PACIFIC INSURANCE COMPANY a corporation; that the seal
affixed to the foregoing instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation by
the aforesaid officer, by authority of its Board of Directors; and the aforesaid
officer acknowledged said instrument to be the free tion, act and deed of said corpora-
My Commission Expires
I _ Notary Public
_2 19 Clark
County, Nevada
.. DAVID L.JOHNSON
M NOTARY PUBLIC
CIC-C-230-8D(8/9D) / Sfala of Nevada
96-4101-1 County of Clark
My CommissionE Wpires Aug.26,2000
NattayPubli -cCalifornia _¢
San DWIW Courdy
MyCOMM.bores Aug 6,2202
Signature of Notary
Corporation Acknowledgement
I,the undersigned,Joseph P Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY of which the foregoing is a full,true and correct copy Is in lull force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P Loughlin Secretary, and affixed the Corporate Seal of
the Corporation this 18th dayof November ,1999.
,?`�•'"°°""F^ F Joseph P.Loughlin,Secretary
FM19-5002A-FP(12/96) """ w112ers-1210640M