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Home My WebLink About04132 - BERGHEER SUBDIVISION IMPROVEMENT TRACT 29075 PASEO EL MIRADOR DE ANZA CHIA F.PAM S'o °.-R, City of Palm Springs c V N Departmernr of Public Works and Enbineeriag * N(.pReOgA"v N�u , 3200 L.Tahymca Clnyun Way • Paim Springs,C.diforuia 92262 C �p 1eL (760) 323-8253 • Pax: (760)322.8360 • Web: www.cu paten-sprmgs.ca.us ORS \` January 3, 2009 Ms. Virginia M. Louman Developers Insurance Company The Insco Dico Group 17780 Fitch, Suite 200 Irvine, CA 92614 Attn: Ms. Virginia M. Louman Re: Tract Map 29075 (Bergheer California, Inc.): Release of Subdivision Bonds Please consider this letter as the City of Palm Springs' notice that the obligations of the Subdivision Improvement Agreement between the City of Palm Springs and Bergheer California, Inc. related to Tract Map 29075, have been fully satisfied. The following subdivision bonds required by the agreement may now be released. The securities currently held are as follows: Monumentation Bond; Bond No. 8146585; $ 12,900.00 • Maintenance/Warranty Bond; Bond No. 8146575; $140,993.00 If you have any questions, I can be reached at (760) 323-8253, extension 8741. Sincerely, C Carol Templeton Engineering Associate Co. James Thompson,City Clerk;TU29075 Re r.a � a v - -r- C r. cn ij W -- N Post Office Box 2743 • Palm Springs, California 92263-2743 OOC U ISSO-398186 09/03/1999 08:00A Fee:NC Page 1 of 24 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Gary L. Orso Assessor, County Clerk & Recorder CITY OF PALM SPRINGS AND WHEN RECORDED MAIL TO: IE�IN III I III 11� III I 11� City of Palm Springs 3200 E. Tahquitz Canyon Way M 5 O PAGE SIZE pA POOR NOCOft SMF MISG Palm Springs, CA92263 Attn: City Clerk A R L COPY LONG REFIINp NGHG EXAM E:( c� n cn w 3 L7C (D � � Z n m Q �. m (- = 3 a rD (D m M= fD Z � S f1 � I w 3 _ Subdivision Improvement Agreement-Bergheer California,Inc. -Tract 29075 MD Title of Document o rW o VD C)1 S iL H 7 /HISAREA F/0 1>) —_ - RE�/0UR ARSJ u ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) G:I RECORDER I R ECORD.R EQ ISubdivision Improvement 0reement • SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this �—,T-1' day of AL16,(iSi' 199c''j , by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Bergheer California, Inc. ("Subdivider"), RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 29075 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 Lots "A and B". City desires to accept the easements shown on the Map as Lots "C, D, E, and F" 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 docurents 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 i III I III II II II II II 111111111 III as'0 y� f 24600F I Subdivision Improvement 4reement herein as the "Plans"), The estimated construction cost for the Works of Improvement is $829,972.00 . 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 monuments) 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 2 IIII II I I I I III II I II III III I III II08 1 09 OV690 S 24 00fl Subdivision Improvement f1reement 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 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. 3 III HII I 1 II III II II II III III 11111 III III �s,a f'2s�OeR Subdivision Improvement O-eement • 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 staternent 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 (ii) complete or cause to be completed all of the Works of Improvement nine d9) months after the Commencement Date. III II III II III II II III III II II I III 09 03�/�19 9608e00R 8 of 24 Subdivision Improvement Oeement 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 tirne. 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 tirne 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 Acreaqe. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.1 1-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage. III IIII I I IIIIII III6IIIIII IIIII II III I IIII IIII 09©�999 of R 08�aOP Subdivision Improvement Oeement 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 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 $829,972.00 estimated construction costs listed in Section 1 .1 . (ii) A Security Instrument 'guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, II II I I III I I II II III II II IIIIII III IN asie�10 of 4 Subdivision Improvement -eement • materials, and/or equipment ("Labor and materials Security Instrument") with respect to the Works of Improvement in an amount equal to $414,986.00 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 $12,900.00 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. (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 $140,993.00 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 7 IIIIIIIIIIIIIIIIIIIIIII II II IIIIII I III ?9.1g991 9 08 s690R Subdivision Improvement 4preement • 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 rninimum 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 (1) year, unless 111111HIM 1111111111111111111111111111 11111111111111 a�ra9s 1 s of 24 Subdivision Improvement Wement 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 to evidence the creation and perfection of City's security interest in such account. 4.5 Release of Security Instruments. (a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred: (i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 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 I III II IIIIII IIII IIIIII III III II III III II III 09 0q�9 19,99 9f' 4 00R Subdivision Improvement 4eement • 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, 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. 10 IIIIII IIIIII III I IIIIII III II IIII IIIII III IIIIII III IIII as e�9 148 oc© 4 Subdivision Improvement Alleement 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 to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City. 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. 11 III III I I I I II I II II III II II II 09 09415 of02450R Subdivision Improvement 140-eement 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 hereto warrant the (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIgIIIIIIIIIIIIII 09 9�9�69oQ02�r3BF a Subdivision Improvement Ao eement IN WITNESS WHEREQF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. r DATED: �� 1 ATTEST: C TY OF PALM SPRING , ' LIFORNIA M City Clerk Cit anager Robert W. Parkins APPROVED AS TO FORM: r 3 _-7 14r;si City Attorney CONTRACTOR: APPROVED ,? 98~TL� QUY MAdAAG311ER Bergheer California, Inc. QN _ partnership {Check One: ` individual _X_ corpoatio ) (Notarize Signature) By: �"r,,,Z�._—�� Print Name and Title (Notarize Signaturel By: �rz�Q s Cr.->Vln Print Name and TitI16 f "Subdivider" Mailing Address: Bergheer California, Inc. 1601 Dove Street , Suite 170 Newport Beach, CA 92660 13 III IIIIIII IIIII 1111111111111111 o�0999?90 6 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT , r_.Mr-..^ `0 `.^:^,C'✓:"i�,'> v�`n^Cva,�"i;-,�� z,%z:R_^e. —�oo^;cd` C+-nC;rc�� .�.oi�.. ..� ^ory�_.^> c_.r <14 ) State of Californial I � � �. a> �f County of ss. I! On�f!/Jc��qQ , before me.G o �JY LCfC / JQ Dele� � Neme nd TiHe of OHloer(e g�'Jane Ooe,Notary Publlo" �>I personally appeared � j /CC' Na (s)o Slgner(s>Y ) r personally known to me ��proved to me on the basis of satisfactory I� evidence I to. be the person(s) whose name(s) A-7are I Csubscribed to the within instrument and 31i OFFlCIALSEAL acknowledged to me that Ja s-ke/f(iey executed DEBRA BAKER to the same in ,hiS/l;e their authorized yh, z<I > - NOTARY PUBLIC-CAUFORNIA '.h '' COMMISSION 81088193 C capacity(ies), and that by WsV /their k,�l I�q Fh ORANGE COUNTY signature(s) on the instrument the person(s), or ,{ My Commission Exp.July l7,z000 the entity upon behalf of which the person(s) (I IQ acted, executed the instrument. (� WITN FSS my hand and official seal. fi ,1�, f(' Place Notary Seal Above Sgnalure of Notary Public ��?I — OPTIONAL �I Though the information below is not required by law, it may prove valuable to persons relying on the document i)I I�> and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: I fi ?; Signer(s) Other Than Named Above: V�I Capacity(ies) Claimed by Signer Signer's Name: ;•• ��,� ❑ Individual r/ Top of thumb here r ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ' fi ❑ Attorney in Fact ❑ TrusteeI Ifi ❑ Guardian or Conservator C ❑ Other: *i Signer Is Representing: v.—v=C%�v_'viG`(J•LL-'vw�v'yC%�.vV�v�Fr✓c�c✓v.vvv^v 01997 Nallonal Notary Association•9350 Be Solo Ave.,P.O Box 2402•Chatsworth,CA 91313-2402 v Prod No 5907 Reorder.Call Toll-Free 1-500-576-63227 III II I I III II III II II III 0R e9�18 of 240©R CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l State of County of ^,Lf�L Z On r� y4 7 < before me, �a $0✓�cJ �.q'f i�i il �� 1Ucf �i cca�hG DaIP -o Na e a dj the of Officer(e.g.,"Jane 9oe,Notary Public') l /'2 �7 personally appeared .ale/LJ/k,�✓Ifl� r L2 , Name(s)al Signer(e) personally known to me_OR-❑-proved-.to-me-on-the-basis-of-satisfactory`evidence to be the persor ss)) / whose nam ) is/,Cre7subscribed to the within instrument and acknowledged to me that he/she iey executed the same in high hei authorized capacitK(Mand that by his/heKewsignature6 on the instrument the personM) ELAINE L.WEDEKIND or the entity upon behalf of which the personQacted, U E � COMM.LI 1206984 executed the instrument. ro •�NOTARY PUBLIC-CALIFORNIA0 („ 2 RIVERSIDE COUNTY O ' + ronM COMM.EXP.FEB.3,2003 ' WITNESS my hand and official seal. ial co aao� m a m W O Signature of Notary iblic S% - OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent an fraudulent removal and reattachment of this form to another document. Description of Attached Document ta+ W Title or Type of Document: t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(si) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here „ i,i Signer Is Representing: Signer Is Representing: ©1994 National Notary Association•8235 Remmel Ave.,P.C.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Tall-Free 1-800-876-6827 Subdivision Improvement O'eement • 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 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, reimbursement agreements, etc. required by these conditions. 3. If cross-lot drainage is proposed, reciprocal drainage easements shall be shown on the final map and approved by the City Engineer.. 4. The property owner shall enter into a reciprocal access agreement for Lots "H" and "N" with the owner(s), master lease and all sub-leases of APN 507-110-020 and 507-110-023 and provide a copy of same to the City Engineer prior to issuance of building permit. PASEO EL MIRADOR 5. Construct a 6 inch curb and gutter, 20 feet NORTH of centerline along the entire frontage, with a 35 foot radius curb return at the NORTHEAST AND NORTHWEST corners of the PASEO EL MIRADOR AND LOT "C" INTERSECTION per City of Palm Springs Standard Drawing No. 200. 6. Construct the EAST AND WEST halves of a 6 foot cross gutter and spandrel at the intersection of PASEO EL MIRADOR and LOT "C' with a flow line parallel to the centerline of PASEO EL MIRADOR in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 14 II IIIII I I I I I II I II II III I II as c988 of z6)e of 24 Subdivision Improvement Wement 7. 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. 8. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST AND NORTHWEST corners of the PASEO EL MIRADOR AND LOT "C" INTERSECTION and the NORTHWEST corner of PASEO EL MIRADOR AND PASEO DE ANZA INTERSECTION per City of Palm Springs Std. Dwg. Nos. 21,2 and 212A. 9. Construct AC pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Taper AC pavement approximately 245 feet westerly from the ECR at the intersection of Paseo El Mirador and Lot "C" to meet existing pavement. PASEO DE ANZA 10. Construct a 6 inch curb and gutter, 20 feet WEST of centerline along the entire frontage, with a modified knuckle as approved by the City Engineer at the intersection of PASEO DE ANZA AND CHIA ROAD per City of Palm Springs Standard Drawing No. 200 AND 104. 11 . 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. 12. Construct the WEST half of a 6 foot cross gutter and spandrel at the intersection of PASEO DE ANZA and PASEO EL MIRADOR with a flow line parallel to the centerline of PASEO EL MIRADOR in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 13. Construct AC 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 proposed 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. i3 GOA 21 of 24 Subdivision Improvement 10eement ON-SITE STREETS 14. Construct a 6 inch curb and gutter, 18 feet both sides of centerline, with a 25 foot radius curb return at the SOUTHEAST AND SOUTHWEST corners of the INTERSECTION OF LOT "C" AND LOT "D" and at the SOUTHWEST corner of the INTERSECTION OF LOT "D" AND LOT "E" per City of Palm Springs Standard Drawing No. 200. 15. Developer shall construct a knuckle at the intersection of LOT "E" and LOT "F" and at the intersection of LOT "F" and LOT "G" per City of Palm Springs Standard Drawing No. 104. 16. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101 , curb portion only. 17, The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 18. 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. 19. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST AND SOUTHWEST corners of the INTERSECTION OF LOT "C" AND LOT "D" and at the NORTHWEST AND SOUTHWEST corners of LOT "D" AND LOT "E" per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 20. The minimum pavement section for all on-site streets shall be 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. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan 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 ON-SITE STREET frontages in accordance with the Master Plan of Sewers and connect to the existing sewer systern at intersection of PASEO EL MIRADOR AND 'LOT C'. ifs I IIIIIIIIIIIIIIIIIIIIIIIII II II II IIIIIII II III es e 2 sosa24 Subdivision linprovement oeement 23. All sewer mains constructed by the developer and to become part of the City sewer systern shall be televised by the developer prior to acceptance of said lines. 24. Submit sewer improvernent 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. ON-SITE 36. All centerline radii shall be a minimum of 130 feet. 36. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minirnum curb cut of 60 feet B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project GENERAL 37. 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. TRAFFIC 45. The developer shall provide a minirnum 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 17 III II I I I II II IIII III II III II 9 B99923 of6a4faDR 'Subdivision Improvement Oeement be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PASEO EL MIRADOR and PASEO DE ANZA frontages of the subject property. 46. 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: NW Cor. of Paseo El Nlirador and Lot "C" SE Cor. of Lot "C" and Lot "D" SW Cor. of Lot "D" and Lot "E" A "CURVE " warning sign shall be installed on the north side of Chia Road, east of the intersection with Paseo de Anza and on-site in advance of the Lot "D" and Lot "G" intersection. 47. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT is I III II HIM II III III III I II III II IIII III III 0a ©3��24 of0 24 BOND NO: 814657S PREMIUM: $16,599.00/ 2 Yrs. CiTY OF PALM SPRINGS FAITHFUL PFRFORMANCH BOND WHEREAS, the City Council of the City of Patin Springs, State of California, and RFRGHFRR CALIFORNIA, INC. __ (herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, 19�q and identified as project TRACT #29075 , 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. DEVELOPERS INSURANCE NOW, THEREFORE, we, the principal and _COMPANY as surety, are held firmly bound unto t_l)e Ci�t�yY of 1l jit creinafter called ("City"), in the penal EIGHT HUNDRED TIWEN'1Y N SUM of 1 RED crr��nrmv F-rr_u _Ne-/�40- dollars ($829,972 ) (awful 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 severalty, firmly by these presents. The condition of this obligation is such that if the above hounded principal, his or its heirs, executors, administrators, successors of 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 judgement 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 [lie 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 of to the work or to the specifications. Page I of 2 Faithful Performance Bond IT WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above namui, on July 20 I999 BERGHEER CALIFORNIA TN('. -DZVZIgDDp q �T _ - Principal , Surely Altortte;-in-hacl Virginia M. Louman Page 2 of 2 CALIFORNIA ALL-PURP06 ACKNOWLEDGMENT State of (--AL- 1 P County of 02.4n!G e On Jm1 :( 2[� , ji beforeme, )-IfyDA S• U/i Q0T-ARY pti CJ Oale Name and The of Officer(a g.,`Jane Due,Notary Public") personally appeared )<PrRL BERGHEEF-- Name(.)of Signer(.) 0'personally known to me ❑ proved to me on the basis of satisfactory evidence L1NDA5.WOOD to be the person(4) whose name(4ds7are subscribed to the Commission# 1206200 within instrument and acknowledged to me that62/she/they z -dsra NotaryPublic-California executed the same indoher/their authorized capacity(ig), orange County and that by40her/their signature(sf on the instrument the Mycom persi or the entity upon behalf of which the persi acted, executed the instrument. WITNESS my hand and official seal.. i iie , Signature of Notary Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C it Y OF PAt-M SPR 1n16S FA-t 774 POL PEP-PORMPACE $ONO Document Date: SU t-Y �_0 r ) 4 4 q 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): PR6StDG)"T' Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Tap of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ©1996 National Notary Assoctalien•8236 Remmel Ave,PO Box 7184•Canoga Park,CA 91309-7184 Prod No 5907 Reorder.Call Toll-Free i-BOO-876-6827 STATE OF CALIFORNIA SS, COUNTY OF ORANGE On SULY 20 1999 before me, N AMYX PERSONALLY APPEARED VIRGINI k M r0UMAN 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ y�� their signature(s) on the instrument the person(s), or the j+, N' AMy"' ; 1.1= gay COMN. ,1107016b c� entity upon behalf of which the person(s) acted, executed v w• raK a!a'-4`{. NotaryPublic-California the instrument. � S 'l't"",' `� Srr`t� mt7 ORANO COUNTY �P ®t ' `(, "�4�1y ®nlPb5. Exp. .AQApJ.23, 1boi� 1 WITNESS my hand and official seal. Signature �� This area for Official Notarial Seal � � OPTIONAL Though the data below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIT (IES) SIGNER(S)OTHER THAN NAMED ABOVE ro-oe) R,%, 6/94 ALL-PURPOSE ACKNOWLEDGEMENT BOND NO: 814657S PREMIUM: INCL IN PERFORMANCE CITY 01;PALM SPRINGS LABOR AND MATERIA1 S I3OND WHEREAS, the City Council of the City of Pahn Springs, State of California, and _ HFRCAFFR CAL IFORNTAYTNC (hercinafler designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated w Z 0 , ]9 y and identified as project TRACT 29075 , is hereby referred to and rift e a pa t hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon life performance of the work, to file a good and sufficient payment bond with the City of Paint 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 Cale of the Slate of California. NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Pahn Springs and.all contracaors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the FOUR HUNDRED FOURTEEN TH8�t $414.986 ), for aforesaid Civil Code in the sum ivrnr�of NapED- EICHT� e�IX materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, dial said surety will pay the same in an amount not exceeding the amount )rcreinabove sed forth, and also in case suit is brought upon this bond, will pay, in addition to file face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incmrcd by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs atld to be included in tide judgment therein renderer]. 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 pile claims under Title 15 (commencing with Section 3082) of]'art 4 of Division 3 of file Civil Codc, 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 he fully performed, then ibis obligation shall become null and void; otherwise if 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 terns of said agreement or the specifications accompanying the same shall in any manner affect its obligations oil this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Page I of 2 i • Labor and Materials Bond IT WITNESS WIIERI;OE, this instrumem has been duly executed by the principal and surety above named, on July 20. 19 99 BERGHEER CALTFORNIA DIC DEVELOPERS INSURANCE COMPANY Principal Surely - - Auoiney-'n-I,acl Virginia M. Louman Pagc 2 of 2 CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT State of C--AL- i F- County of r0P-A ,: E On J L) 9 q I before me, I,I N D 4 S• Vd pO D, n10 rA A Y PQ (i.) Dale Name and Title of Officer to g,"Jane Doe,Notary Public') personally appeared XARL O ' B6FRGNEEf� Name(.)of Signer(.) Zpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4)whose name(4d')s are subscribed to the ea.n .:ne�.� within instrument and acknowledged to me that6/she/they Iddi LINDA S.W D executed the same in (s'her/their authorized capal commission# 12OA200 and that by aher/their signature()on the instrument the Notary Public-California > person d), or the entity upon behalf of which the person{ Orange County acted, executed the instrument. W C.Omm.r-PRE's Jan 12,2003 WITNESS my hand and official seal. Signature of Notary Public - OPTIONAL Though the Information below is not required bylaw, 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 Lc boir-4 m l rl (S vi Title or Type of Document: (' IfY OF PA -M SPR fN65 FAlrN FUL PE2F02MpAl ENO Document Date: J-U 1-_y 2.01 ) q q q Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual RT�Corporate Officer ❑ Corporate Officer Title(s): PRGStDErqr Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1996 National Notary Assoclalion•8236 Rommel Ave PC Box 7104•Canoga Park,CA 91309-7184 Prod.No 59D7 Reorder:Call Toll-Free 1-800-876-6827 Allik STATE OF CALIFORNIA SS. COUNTY OF ORANGE On SULY 20 1999 before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ ` p1. AMYX their signature(s) on the instrument the person(s), or the r ply, €1070946 entity upon behalf of which the person(s) acted, executed , Nctwy Public-Oalitomla the instrument. ORANGE COUPd7Y My Comm. Exp. .Au{l. 23, 1999 WITNESS my hand and official seal. �� This area for Official Notarial Seal Signature OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER _ TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev 6/94 ALL-PURPOSE ACKNOWLEDGEMENT BOND NO: 814657S PREMIUM: NIL CITY OF PALM SPRINGS BOND FOR MAINTENANCE OF IMPROVEMENTS (Subdivision Agreement) KNOW ALL MEN BY THESE. PRESENTS: That We, BERGHEER CALIFORNIA, as Principal, and DEVELOPERS INSURANCE COMPANY as Surety, are held and fin im�tly pbToiu�7nndR unto the TCITTY n�ISp� OF PALM SPRINGS, STATE OF CALI FORNIA, in the sum of ATF fiTiN SRFnENINTYHTHREED _ Dollars ($i i n=,v QQ? �� lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severalty, firmly by these presents. THE CONDITION 01; THIS OBLIGATION IS SUCH, that; WHEREAS the Principal has entered into or lis about to enter into a written agreement with the City of Palm Springs, pursuant to the authoridy of the Subdivision Map Act of the State of California, for the improvement of ilic Streets atldl casements offered for dedication on the final map of TRACT 29075 and whereas this bond is required by said City in connection with the execution of said agreement. WHEREAS the Principal is requested to guarantee the costs of repair or replacement of defective improvement construction work or materials within said Subdivision, which guarantee shall remain in effect for a period of one year from the date of acceptance of work by the City of Palm Springs, California, NOW THEREFORE, if the Principal shall for a period of one year from and after the date of completion and acceptance of said work by said City, replace and repair any and all defective materials or defective workmanship with said improvements, then the above obligation to be void; otherwise to 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 judgement rendered. The surety hereby stipulates and agrees (hat nj 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 anywire affect its obligations on this bond, and Page I of 2 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 JULY 20, _, 19y.9 &FRGHEFR CATTFORNTA INC- nFVPTOP FRS TKRITR BITE COMPANY - - Principal Surety r? Altornc -in-Fact Virginia M.Louman Page 2 of 2 CALIFORNIA ALL-PURPO& ACKNOWLEDGMENT State of C Hr t— I F� Countyof K)PEA✓ (SE On J"U1—`f 2C9 , Igg4 before me, 1n1D4 S• W06D, /JOTAR`( PUBIIFJ Dale Name and Title of Officer(a g,"Jane Doe,Notary Public') personally appeared X4RL D ' BERGNEEI?-- Names)of Signers) ❑Zpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4) whose name(sj6are subscribed to the UNDA S.WOOD within instrument and acknowledged to me thata/she/they Commission# 1206200 z executed the same inaher/their authorized capacity(iers), Notary Public-CaiifOmia > and that by40her/their signature(>sf on the instrument the Orange County personA or the entity upon behalf of which the person(`) qPWCcMnp.EqDjesJan1Z2J0D3 acted, executed the instrument. WITNESS my hand and official seal. / Signature of Notary Public - OPTIONAL Though the Informalion below is not required bylaw, 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 -L/5 ; )r P,a--4_,,n Title or Type of Document: C tTY OF P/1t—M SPR II�1GS pAtTFI pUL Pep_p62MRn10E f3onfD Document Date: JU 1_�( 2 0 ) 4 4 q Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Rj_�Corporate Officer ❑ Corporate Officer Title(s): PRCSIDG�rur Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1996 National Notary Assomauon•8236 Rommel Ave,PO Box 7184•Canoga Park,CA 91309-7184 Prod.Na.5907 Recrder.Call Tall-Free 1-800-876-6627 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On JULY 20 1999 before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ f�Cu9YiK their signature(s) on the instrument the person(s), or the entityon behalf of which the person(s) acted, executed t 'F fO��I' €jfg�®�� upon G3° t ;C, Nolary Public-Gali6ernia the instrument. -*,�".3` t � OFIaNrn D&DUdYTY My Comm. ENp. .Alto. 23, 19 WITNESS my hand and official seal. ��i This area for Official Notarial Seal Signature OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EWHN(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTll OF EMINV T' CC)MPANY OF GAI-IF©�i AND DEVELOPERS 9HSUB�k�B� Gr COMPANY , C EM 19725, , N D 0q IRVINE CA 92623• (949)263-3300 - 2 1 [V )�[ . P hl 9 NOTICE: 1. All power and authority herein granted shall in any event terminate an the 31 st day of March,2002 2. This Power of Attorney is void if altered or If any'portlon Is erased _ 3. This Power of Attorney is void unless the seal is readable,the text is 1n brown ink,the signatures are in blue Ink and this notice is in blue Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN.BY THESE PRESENTS, that except as expressly limited,UIDEMN9TY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not lornlly,hereby make,constitute and appoint - -JAMES E. MARY,'VIRGINIA M. LOUMAN, JOAN M. WYNN; MICHELLE HAASE, MICHAEL J. HENSEL, MARIE IF. ROUSSIERE, CYNTHIA S. INGRAHAM, JOINTLY OR'SEVERALLY'"" the true and lawful Attorney(s)-Iri-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as surehes,'bonds,undertakings and contracts of_suretyship In an amount not exceeding'Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact;pursuant to these presents,are hereby ratified and confirmed. - This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY' OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby Is,authorized to execute Powers of, Attorney,qualifying the aborney(s)named In the Powers of Attorney to execute,on behalf of the corporations,bands,undertakings and contracts ofsuretyship,and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; -- RESOLVED,FURTHER,that the signatures,of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or .contract of suretyship to which it is attached. - - IN WITNESS WHEREOF,INDEP.fil COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Pmsidents and attested by their respective Secretaries this 22nd day of December,1998 'IMDEMIAM'COMPANY OF CALIFORNIA - -- DEVELOPERS INSURANCE COMPANY BY �K/ .,�� Y By U • Dan F.VlncenJ,Jr. - Dante incentl,Jr EL rp4APAN YQ - Prsident 011A111"'-- ATTESTvP WBy By allerCrowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ) On December 22, 1998,before me,C,Hollister,personally appeared Dante F Vincenti,Jr,and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons)whose names)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 persons)acted,executed the instrument. WITNESS nity,hand and official seal. - C.HOLLISTER - - p COMM.if 1192616 Signature _ l.l,t.-7 � _ 6 Notary Public-California if 'S ORANGE COUNTY My Comm.Expires AUG.11,2002 . CERTIFICATE - The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full farce and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 20 th day,of July 1999 _ IMDEMNI V COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY p7{/'/T�//' %J/J/o/-7 0C1111:,)111111--- /,7Jp{1� C91 R� B (G/%r'L'�/'�i�/ /Y / / By 0/llif WilliarnT Sherer Z WilllamT Sherer [Senior Vice President Senior Vice President PP ID-314 REV.(12/98) - BOND NO: 814658S PREMIUM:$258.00/2 Yrs. CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION KNOW ALL MEN BY THESE PRESENTS: That We, BERGHEER CALIFORNIA, INC_._ _ as Principal, and DEVELOPERS INSURANCE COMPANY _ as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORIA, in the sum of TwFt yL THOUSAND NINE HUNDRED I10f1GW1Iars ($12,goo,00 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has, or is about to enter into the annexed agreement with [lie City of Palm Springs pursuant to the provisions of the Subdivision Map Act of the State of California and the Subdivision Ordinance of said City, for the setting of survey monuments in accordance with the provision of Section 66495 through 66498 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Map. WHEREAS the Principal, after setting the monuments, agrees to furnish the City Engineer of the City of Palm Springs written notice of the setting of said monuments and written proofs of having paid the Engineer or Surveyor for the setting of said monuments, all in accordance with the requirements of C:ity's Subdivision Ordinance. NOW THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the times and in the manner specified herein, and shall' make full payments to all contractors, their subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement in the prosecution of the work provided for in said agreement, then the above obligations shall be void and of no effect; otherwise, it shall be and remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work or improvements to be performed thereunder or to the plans or specifications attached to said agreement shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additons to the terms of the agreement or to the work or improvements or to the plans or specifications. Page 1 of 2 Bond for Faithful Performance of Monumentation In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay in addition to the abovc spccified sum all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. WITNESS OUR HANDS, this . 20TH day of JULY 1999 BERGHEER CALIFORNIA, INC DEVELOPERS INSURANCE COMPANY Principal Surety Aaome�,-in-Fact Virginia M.Louman Page 2 of 2 CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT State of CAL I P County of OLzsrtJGE On 944 beforeme, I.IJVD S, WODD, /kIOTAi%y pt) (—a) Data Name and Title of Officer(e g,"Jane Doe,Notary Public") personally appeared )<,q R L O ' 1'G N IF-Ex— Name(s)of Signer(s) O'personally known to me ❑ proved to me on the basis of satisfactory evidence t1NDA 5.WOOD to be the person(d) whose name(%f ds')are subscribed to the within instrument and acknowledged to me that6/she/the �,-.- Commission# 1420U 9 y <e Notary Public-Colift % > executed the same ind'her/their authorized capacity(ios), orange county and that by i her/their signature(31 on the instrument the Comm.Efi'`:,rres.tan 122C7J3 y>']y N n)I � V persono, or the entity upon behalf of which the person(§) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: C tTY OF PAL-111 SPR tn16S FA-lr14 Pl9L PEZFO,eMArl Document Date: UU f--Y 2_O , ) 4 4 9 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ecorporate Officer ❑ Corporate Officer Title(s): PRlLDEtuT Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: m 1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod No.5907 Reorder.Call Toll-Free 1-800-876-6927 �--- Mill STATE OF CALIFORNIA SS. COUNTY OF ORANGE On JULY 20 1999 before me, N AMYX PERSONALLY APPEARED VIRGINIA M LOUMAN 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 acknowl- edged 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 AWWR entity upon behalf of which the person(s) acted, executed COMM. 91070105 Notary Public—Californln the instrument. lM� ORANGE COUNTY � WITNESS my hand and official seal. My Comm.Enp. .Aug.?3, igo I v �•�Gr ,' This area for Official Notarial Seal Signature OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT 6 r—MM'tiy C®N'dDANY OF VAi,WOR0 AND IDCV°IrELOPERC HASUR6ANCE COMPANY PO.BOX 19725,,IRVINE, CA 92623 0(949)263-3300 �u 2 rU �� NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 at day of March,2002, 2. This Power of Attorney is void if altered or if any portion is erased, . 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(sF In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,,IN DEM.PITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make,constitute and appoint - - - - - - - - - -JAMES E. MARY, VIRGINIA M. LOLIMAN, JOAN M. WYNN, MICHELLE HAASE, 'MICHAEL J. HENSEL, MARIE T. ROLISSIERE, CYNTHIA S. INGRAHAM', JOINTLY OR SEVERALLY"** the true and lawful Atforney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking,giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform - every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation.and all of the acts of said Atforney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed . ., This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMP,AN`J OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as Of September 24, 1986: - RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers,oi Attorney,qualifying the attorney(s)named in the,Powers of Attorney to execute,an behalf of the corporations,bonds,undertakings and contracts of suretyship,and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney cr to any cedufrcate relating thereto by Facsimile,and any such Powe1 erta of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporationwhen so affixed and in the future with respect any bond,any such r contract of suretyship to which it is attached IN WITNESS WHEREOF,INDEMNITY COMPANV'OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents tc be signed by their respective. Presidents and attested by their respective Secretaries tills 22nd day of December,1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPAI.IV -- - - BY Dy— Dan F.Vmcenti,Jr. Dante Intent!,Jr. President .pPPtJy VAA9l1�� O ax, P1•sident S Rq,k �`OC ffFs v OP qpP riq�lC�, z- DOT s o o ATTEST ?MAR 2]o 0 W 19G] R A"44 oy e4r lF"*PN\vd �� By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE On December 22, 1998„before me,C.-Hollister,personally appeared Dante F.Vincent!,Jr.and Walter Crowell,personally known to me(orproved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacrlyles),and that by his/her/their,signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. - WITNESS y hand and official seal Sig y C.HOLLISTER nature 'I l,l,�n ( O COMM .M 1192615 �. T— 0 Notary Pubif C California O ORANGE COUNTY - My Comm.Expires AUG.11,2002 , CERTIFICATE, The undersigned,as Senior Vice President of INDEMNI o Y COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporauons'set forth in the Power of Attorney,are in force as of the date of this Certificate. Thus Certificate is executed in the City of Inane,'California,this 20thday of JUIY 1999 INDEIVI41PIW��C,�OOMPANNY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 1114� O0q�C� By �L "2 9 CT 5 a i/ ?h1AP z]ova William Sharer O C 19G] 2� WI lain T,She � `� - 19]9 Senior Vice President /1FriP@x i" Senior Vice Presidenta-.�'r �Q%i ID-314 REV.(12/98) BY � � - SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and BERGHE:ER CALIFRONIA, INC, II II I I I I I I I IIIII I III I II I IIII III es e99 ass�sFeAA z or 24 ISubdivision Improvement *eement TABLE OF CONTENTS 1 . Construction Obligations.................................................. 1 1 .1 Works of Improvement........................................... 1 1 .2 Other Obligations Referenced in Conditions of Tentative Map Approval.......................................... 2 1 .3 Intent of Plans....................................................... 2 1 .4 Survey Monuments................................................ 2 1 .5 Performance of Work............................................. 3 1 .6 Changes in the Work.............................................. 3 1 .7 Defective Work...................................................... 3 1 .8 No Warranty by City............................................... 3 1 .9 Authority of the City Engineer................................. 3 1 .10 Documents Available at the Site.............................. 3 1 .11 Inspection............................................................. 3 1 .12 Compliance with Law............................................. 4 1 .13 Suspension of Work............................................... 4 1 .14 Final Acceptance of Works of Improvement.............. 4 2. Time for Performance...................................................... 5 2.1 Commencement and Completion Dates.................... 5 2.2 Phasing Requirements............................................ 5 2.3 Force Majeure....................................................... 5 2.4 Continuous Work................................................... 6 2.5 Reversion to Acreage............................................. 6 2.6 Time of the Essence.............................................. 6 3. Labor............................................................................ 6 3.1 Labor Standards.................................................... 6 3.2 Nondiscrimination.................................................. 6 3.3 Licensed Contractors............................................. 7 3.4 Workers' Compensation......................................... 7 4. Security 7 4.1 Required Security.................................................. 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 IIIIII IIIIII IIIII IIIIII III III IIIII IIIII II IIII 89 s gg s f 246 e e©a ISubdivisionImprovement �eement 5. Cost of Construction and Provision of Inspection Service.......................................................................... 11 5.1 Subdivider Responsible for All Related Costs of Construction......................................................... 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services........................................ 11 6. Acceptance of Offers of Dedication.................................. 11 7. Warranty of Work........................................................... 11 8. Default.......................................................................... 12 8.1 Remedies Not Exclusive......................................... 12 8.2 City Right to Perform Work.................................... 12 8.3 Attorney's Fees and Costs..................................... 12 9. Indemnity...................................................................... 12 10 General Provisions.......................................................... 13 10.1 Successors and Assigns......................................... 13 10.2 No Third Party Beneficiaries.................................... 13 10.3 Entire Agreement; Waivers and Amendments........... 13 11 . Corporate Authority........................................................ 13 ii II II I I III II II II III II III III as a9891sof e se©R 4 0£ 8 4aIR 0 inscgh1co February 5, 2001 � HISK CITY OF PALM SPRINGS 3200 TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 RE: Bond Nwnber: 814657S Principal Name: BERGHEER CALIFORNIA INC �! Dear Obligee: You have recently received a letter regarding the merger of Developers Insurance Company(DICO) into Developers Surety and bideurmity Company(DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name of DSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement,.please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. If this letter and endorsement are not sufficient vehicles of notification of the merger,please contact our Service Department at 800-782-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Lrsco Insurance Services,Inc.•CA Lm.0403172 17780 Fitch•Sate 200•Irvine,CA 92614•(800)782-1546•(949)263-3300•Fax(949)252-1955•htto Wwww InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company•Indemnity Company of California MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company").The address of the Company's administrative office is: 17780 Fitch, Ste. 200 hvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond.If you have any questions,you may write the Company at the above address. President Secretary , insc � � � � iA.� ! �lco January 2, 2001 CITY OF PALM SPRINGS 3200 E TAHQUITZ MCCULLUM WAY PALM SPRINGS, CA 92262 Dear Obligee: The INSCO/DICO Group has received permission from the Insurance Departments in California and Iowa, respectively, to merge Developers Insurance Company(DICO)with and into Developers Surety and I idenurity Company(DSI). As of December 29,2000, DICO merged into DSI and all DICO bond(s) were automatically transferred into the name of DSL Please accept this letter and the attached endorsement as legal notice of the merger. Enclosed is a list of all affected bonds. From this point on, the attached endorsement should serve as verification of the transfer of bonded liability from all in force DICO bonds to DSI. If this letter and endorsement are not sufficient vehicles of notification of the merger,you #pill need to contact our Service Department at 800-782-1546 to request further information. This combining of our two well-established affiliates will create a surety with more than $35 million of assets supporting its obligations. The merger will serve to strengthen our connnitrnent to remaining a successful, service oriented surety company. Again, if you should require any further documentation regarding the merger, please contact our Service Department immediately. Very truly yours, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services, Inc. • CA Lic. 0403172 17780 Fitch •Suite 200 • Irvine, CA 92614 • (800)782-1546• (949)263-3300 • Fax(949)252-1955 http://www.InscoD!co.com Underwriting Manager for: Developers Surety and Indemnity Company• Indemnity Company of California 'X�4F' 0 C9G30Mp MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000,your insurance company is now Developers Surety and hndemnity Company(the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions,you may write the Company at the above address. /l am 1 President Secretary Insco Insurance Services, Inc. • CA Lic. 0403172 17780 Fitch •Suite 200• Irvine, CA 92614• (800)782-1546 • (949)263-3300 • Fax(949)252-1955 http://wvvw.InscoD!co.com Underwriting Manager for: Developers Surety and Indemnity Company• Indemnity Company of California 50002151 CITY OF PALM SPRINGS 3200 E TAHQUITZ MCCULLUM WAY V PALM SPRINGS CA 92262 BOND PRINCIPAL'S NAME BOND AMOUNT TERM BEGIN TERM ENDING ------- ______________________________ ----------- ---------- __ 173137S EL SONORA ASSOCIATES A CALIFO 12,222 06-09-2000 06-09-2001 173138S EL SONORA ASSOCIATES A CALIFO 7,200 06-09-2000 06-09-2001� B65462P AMERICAN ASPHALT REPAIR & 441,201 04-10-2000 04-10-2001C r\� �l