HomeMy WebLinkAboutA4058 - LAMAR PALMS 2359 TAHQUITZ CANYON STREET IMPR STREET IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
LAMAR PALMS ASSOCIATES, L.P.
Street Improvement Agreement
5. Cost of Construction and Provision of Inspection Service............. 9
5.1 Subdivider Responsible for All Related Costs of
Construction...................... ........................ ......................... 9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services.................................................... 9
6. Default.............................................................................................. 10
6.1 Remedies Not Exclusive...................................................... 10
6.2 City Right to Perform Work.................................................. 10
6.3 Attorney's Fees and Costs................................................... 10
7. Indemnity.......................................................................................... 10
8 General Provisions........................................................................... 11
8.1 Successors and Assigns...................................................... 11
8.2 No Third Party Benefici;aries................................................ 11
8.3 Entire Agreement; Waivers and Amendments.................... 11
ii
Lamar Palms Assoc.
Sub-Div Improvement Agr-
• • 2359 Tahq Cyn Way East
4058
Street Im Improvement Agreement AGREEMENT #12-2
P 9 CM Signed, 12-23-98
STREET IMPROVEMENT AGREEMENT
THIS STREET IMPROVEMENT AGREEMENT (this "Agreement") is entered into
this,��Iay of, ��� d 199Z, by and between the CITY OF PALM SPRINGS, a
municipal corporation of the State of California ("CITY"), and Lamar Palms Associates, L.P.
("Developer").
RECITALS
A. Developer is the owner of, and has obtained approval of a project referred to
as PM 28918 located at 2359 Tahguitz Canyon Way East in the City of Palm Springs,
County of Riverside, State of California (the "Property"). The approval contains conditions
of approval for the development of the Property (the "Conditions").
B. Pursuant to the Conditions, Developer has delivered to City and City has
approved the street improvement plan which street improvements are required to be done
in order to accommodate the development of the Property.
C. Developer's agreement to install street improvements along the frontage of
the Property pursuant to this Agreement are a material consideration to City in permitting
construction on the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and
in consideration of City's approving the Street Improvement Plan(s) for the Property and
permitting construction on the Properly to proceed, Developer agrees to timely perform all
of its obligations as set forth herein.
1. Street Improvement Obligations.
1.1 Street Improvements. Developer agrees, at its sole cost and expense,
to install street improvements along the frontage of the Property in accordance with
the "Street Improvement Plan(s)", as the same may be supplemented and revised
from time to time as set forth herein (said plans, together with all related documents,
are referred to herein as the "Plans"). The estimated construction cost for the Street
Improvements is $27,195.00.
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval.
In addition to the foregoing, Developer shall satisfy all of the Conditions pertaining to
the installation of street improvements along the frontage of the Property. The
conditions of approval which have not been satisfied prior to the date of this
Agreement are identified on Exhibit "A" hereto.
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Street Improvement Agreement
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of installation of street improvements which Developer
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. Developer 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, Developer 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.
Developer 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 Developer or Developer's contractor to any plan, specification, or
working or shop drawing after it has been stamped as approved.
1.4 Performance of Work. Developer shall furnish or cause to be furnished
all materials, labor, tools, equipment, utilities, transportation, and incidentals
required to perform Developer's obligations under this Agreement.
1.5 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 Street improvements 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 Developer or Developer'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 Developer or its contractor
shall be binding on City unless approved in writing by the City Engineer.
1.6 Defective Work. Developer shall cause its contractor to repair,
reconstruct, replace, or otherwise make acceptable any work found by the City
Engineer to be defective.
1.7 No Warranty by City. The Plans for the Street Improvements have been
prepared by or on behalf of Developer or its consultants or contractors, and City
makes no representation or warranty, express or implied, to Developer or to any
other person regarding the adequacy of the Plans or related documents.
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Street Improvement Agreement
1.8 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 Developer and
Developer's contractor.
1.9 Documents Available at the Site. Developer 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.
1.10 Inspection. Developer 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
Developer, or its design engineer, and Developer's contractor(s) regarding the
Street Improvements. Developer shall cause its contractor to furnish the City with
every reasonable facility for ascertaining whether or not the installation of Street
Improvements as performed is 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 Street Improvements 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 Developer or the
contractor of any obligations to fulfill this Agreement as herein provided, and
unsuitable materials or work ma,y be rejected notwithstanding that such materials or
work may have been previously overlooked or accepted.
1.11 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Developer shall cause the installation of Street
Improvements to be completed in accordance with all other applicable federal,
state, and local laws, ordinances, rules and regulations.
1.12 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Developer 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.
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Street Improvement Agreement
1.13 Final Acceptance of Street Improvements. After Developer's contractor
has completed all of the Street Improvements, Developer shall then request a final
inspection of the work. If 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 Street
Improvements 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.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with the installation of Street Improvements on
or before thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (ii) complete or cause to be completed all of the installation of Street
Improvements no later than six(6) 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
Street Improvements 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 Developer's failure to
satisfy such phasing requirements, as the same now exist or may be amended from
time to time. Developer 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, Developer 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.
2.3 Force Mae ure. Notwithstanding the provisions of Section 2.1,
Developer's time for commencement and completion of the Street Improvements
shall be extended for the period of any enforced delay caused due to circumstances
beyond the control and without the fault of Developer, 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
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Street Improvement Agreement
to City's receipt of a written notice from Developer or its Contractor detailing the
grounds for Developer'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 the installation of the Street
Improvements (or separate portion thereof), Developer 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 Original Condition. In addition to whatever other rights City
may have due to Developer's failure to timely perform its obligations hereunder,
Developer recognizes that City reserves the right to revert the Property to original
condition subject to the limitations and requirements set forth in California
Government Code Sections E36499.11-66499.20-3/4. In this regard, Developer
agrees that if the Street Improvements 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 original condition, pursuant to Government Code Section 66499.16
Developer hereby consents to reversion and agrees that Street Improvements made
by or on behalf of Developer shall not be considered in determining City's authority
to revert the Property to original condition.
2.6 Time of the Essence. Time is of the essence of Developer's
performance of all of its obligations under this Agreement,
3. Labor.
3.1 Labor Standards. Developer shall be responsible for causing all
contractors and subcontractors performing any of the Street Improvements 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. Developer agrees that no contractor or
subcontractor performing any of the Street Improvements 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. Developer shall cause all of the Street
Improvements to be constructed by contractors and subcontractors with valid
California Contractors' licenses for the type of work being performed.
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Street Improvement Agreement
3.4 Worker's Compensation. Developer shall cause every contractor and
subcontractor performing any of the Street Improvements 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 Developer executes this Agreement, Developer 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 Developer's faithful
performance of all of the Street improvements ("Faithful Performance
Security Instrument"), in the amount of 100% of the estimated
construction costs listed in Section 1.1.
This Agreement shall not be effective for any purpose until such
Security Instruments are supplied to and approved by City in accordance
herewith.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a), 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 of Transportation of the City that
Developer is in default under its payment or performance obligations
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Street Improvement Agreement
hereunder or in the event Developer 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 Developer's interest in
funds on deposit in one or more bank accounts with financial institutions
acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required
to be made (and, with respect to bonds, litigation shall be required to
be instituted and maintained) in the City of Palm Springs, State of
California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of
one (1) year after the deadline for Developer's completing the Street
Improvements, 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 Street Improvements 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 Developer's Liability. While no action of Developer shall be required in
order for City to realize on its security under any Security Instrument, Developer
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, Developer shall be
personally liable for performance under this Agreement and for payment of the cost
of the labor and materials for the Street improvements required to be done hereby
and shall, within ten (10) days after written demand therefor, deliver to City such
substitute security as City shall require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b),
City shall be entitled to draw on any such letter of credit if a replacement
letter of credit (expiring in not less than one (1) year, unless City agrees to a
lesser term in City's sole and absolute discretion) is not delivered not less
than thirty (30) days prior to the expiration of the original letter of credit, such
substitute letter of credit being in the same amount and having the terms and
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Street Improvement Agreement
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 Developer. 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. Developer 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
when all of the following have occurred:
(i) Developer has made written request for release and
provided evidence of satisfaction of all other requirements in this
Section 4.5;
(ii) the Street Improvements have been completed and
approved to the satisfaction of the City;
5. Cost of Street Improvements and Provision of Inspection Service.
5.1 Developer Responsible for All Costs of Street Improvements.
Developer shall be responsible for payment of all costs incurred for construction and
installation of the Street Improvements In the event Developer is entitled to
reimbursement from City for any of the Street Improvements, such reimbursement
shall be subject to a separate Reimbursement Agreement to be entered into
between Developer and City prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering
Services. Developer shall compensate City for all of City's costs reasonably
incurred in having its authorized representative make the usual and customary
inspections of the Street Improvements. In addition, Developer 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 Developer be entitled to additional
inspections or a final inspection and acceptance of any of the Street Improvements
until all City fees and charges have been fully paid, including without limitation,
charges for applicable penalties and additional required inspections.
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Street Improvement Agreement
6. Default.
6.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Developer 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.
6.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Developer
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 Developer 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 Developer or any Security
Instrument, or both, the full cost and expense thereby incurred by City.
6.3 Attorney's Fees and Costs. In the event that Developer fails to perform
any obligation under this Agreement, Developer 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 Developer'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 attorneys 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 judgement.
7. Indemnity. Developer 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 Developer's failure to
perform the Street Improvements 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 Developer pursuant to the terms
hereof. Such indemnity obligation shall not extend to any loss resulting from City's sole
negligence or willful misconduct.
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Street Improvement Agreement
8. General Provisions.
8.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Developer's right, title, and interest in and to the Property
and any portion thereof.
8.2 No Third Party Beneficiaries. This Agreement is intended to benefit
only the parties hereto and their respective successors and assigns. Neither City nor
Developer 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.
8.3 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.
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Street Improvement Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Street Improvement
Agreement as of the date first above written.
CITY OF PALM SPRINGS, CALIFORNIA
DATED: la-- <&
ATTEST: CI F PALM SPRI C LIFORNIA
By: ��' _ By:
CityClerk City anager
APPROVED AS TO FORM: �U`.�,,;�;�iy _ _ >
ON
City Attorney
CONTRACTOR:
(Check One: individual, X partnership
corp ration)
(Notarize Signature) By: 7
Print Name and Title
(Notarize Signature) By:
Print Name and Title
"Developer"
Mailing Address:
Lamar Companies
10288 W. Chatfield Ave. Ste 200
Littleton CO 80127
I1
STATE OF NEW JERSEY
COUNTY OF MORRIS
On the 19d' day of November, 1998,before me personally came Peter Kalkus, to me
known, who, being by me duly sworn, did depose and say that he is Managing Member
of Lamar Springs, LLC, a California Limited Liability Company, who is General Partner
of Lamar Palms Associates, L.P., the partnership described in and which executed the
within instrument.
My Commission Expires On r
March 10, 2003 4Caryno e
CAROLYN ROSE
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAR 10.2003
Street Improvement Agreement
EXHIBIT"A"
CONDITIONS OF TENTATIVE PAAP 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.
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required by
these conditions.
3. Reciprocal access agreements shall be provided across all parcels on the map.
FARRELL DRIVE SOUTH
8. Construct a minimum 5 foot wide sidewalk behind the bus turn out in accordance with
City of Palm Springs Standard Drawing No. 210.
9. Construct a 140-foot long by 12-foot wide bus turn out on the FARRELL DRIVE
SOUTH frontage between THE NORTH DRIVEWAY AND THE NEXT
DRIVEWAY TO TFIE SOUTH. The configuration shall be approved by the City
Engineer in conjunction with SunLine Transit. Contact SunLine Transit for details
regarding bus stop furniture/shelter requirements.
10. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall
be repaired or replaced.
BARISTO ROAD EAST
12. Construct a 140-foot long by 12-foot wide bus turn out on the BARISTO ROAD
EAST frontage AS PREDICATED BY THE CITY ENGINEER. The configuration
shall be approved by the City Engineer in conjunction with SunLine Transit. Contact
SunLine Transit for details regarding bus stop furniture/shelter requirements. The exact
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Street Improvement Agreement
EXHIBIT"A" CONT"D
location of the bus turn out shall be predicated on the eastbound bus turn out being
opposite it on the south side of Baristo Road and the pedestrian crossing being in this
area.
13. Construct a minimum 5 foot wide sidewalk behind the bus turn out in accordance with
City of Palm Springs Standard Drawing No. 210.
14. All broken or off grade CURB, GUTTED AC PAVEMENT AND SIDEWALK shall
be repaired or replaced.
GRADING
15. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6"
deep -to keep nuisance water from entering the public streets, roadways, or gutters.
GENERAL
16. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight distance
per City of Palm Springs Standard Drawing No. 203.
17. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City of
Palm Springs Engineering specifications.
TRAFFIC
22. 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 TAHQUITZ CANYON WAY EAST, FARRELL DRIVE SOUTH and
BARISTO ROAD EAST frontages of the subject property.
23. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS
FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1990,
or subsequent additions in force at the time of construction.
13
Bond No. 19-81-87
FAITDFUL PERFORMANCE BOND
(STREET IMPROVEMENTS)
WHERE-"AS, the Engineering Division of the City of Palm Springs, State of California, and
Lamar Palms Associates, L.P. (hereinafter designated as "Principal") have
entered into an agreement whereby prin}cip 1 agrees tt o install and complete certain designated
improvements, which said agreement, dated �/' 7 1�1�T, 1�8 and identified as
project PM 28918 is hereby referred to and made a part hereof; and
W1iIEREAS, said 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 The Insurance Company of the State of
Pennsylvania . as surety, are held and firmly bound unto the
City of Palm Springs(hereinafter called the "City"), in the penal sum of $ z7, 195.oo _
lawful money of the United States, for the payment of which sum will 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 as
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 City, its officers, agents, 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 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 the same shall in any way affect its obligations or 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 the specifications.
t
•
W WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, an November 18 Ig 98
Lamar Palms Ass 'at s, L.P.
Principal
(NOTARIZED) BY al^ `
LET' eiAL-6tl.s WAtAKA61QL
Print Name and Title�(�� i y L WAMOV�yS U'Ac
(NOTARIZED) BYi`rL� U
Print Name and Title
The Insuran Compantft;he State�of Pennsylvania
Surety
(NOTARIZED) BY
Attom ' 'Fact
Craig Bancrof
2
SURETY ACKNOWLEDGMENT
STATE OF MARYLAND
COUNTY OF ANNE ARUNDEL
On the 18th day of November, 1998, before me personally came Craig Bancroft, to me
known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact
of The Insurance Company of the State of Pennsylvania,the corporation described in and
which executed the within instrument, that he knows the corporate seal of said
corporation, that the seal affixed to the within instrument is such corporate seal, and that
she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority
of the Board of Directors of said corporation and by authority of this office under the
Standing Resolutions thereof.
My Commission Expires On
November 1, 2002dL
Thelma E. Sisk
N:\bond\word\york\forms\tmotary.doc
The Insurance Company of the State of Osylvania • POWER OF ATTORNEY
Principal Bond Office: 175 Water Street,New York,NY 10038
e. No. 01-B-07297
KNOW ALL MEN BY THESE PRESENTS:
That The Insurance Company of the State of Pennsylvania,a Pennsylvania corporation, does hereby appoint
F. S. Carnes, Jr., Craig Bancroft, Terry D. Reynolds, Karen Ladner, Marion G. Collett, Victoria M. Leahey-Crush: of
Baltimore, Maryland---
its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the company thereby.
IN WITNESS WHEREOF,The Insurance Company of the State of Pennsylvania has executed these presents
this 30th day of Jam, 1997
} Q r,rrr
9,
n� Donn Kolbeck, Assistant Vice President
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss. /
On this 30th day of Jam, 1997 before me came the above
named officer of The Insurance Company of the State of =2Ai A.PAfW1 lj
Pennsylvania, to me personally known to be the individual and 111. yyF%L't, ofPsar ^
officer described herein, and acknowledged that he executed)the I'' •O1bLl0?1d29
foregoing instrument and affixed the seal of said corporation
Er„ices:cm
thereto by authority of his office. 30,
CERTIFICATE
Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania,on May 18, 1976:
'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 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 business;
'RESOLVED,that the signatures and attestations of such officers and the seal of the Company 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 or facsimile seal shall be valid
and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing
obligatory in the nature thereof;
"RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
1, Elizabeth M. fuck, Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution
adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the
Resolution and the Power of Attorney are in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of the corporation
this 18th day of November 19 98
*,9` Elizabeth M.Tuck,Secretary
STATE OF NEW JERSEY
COUNTY OF MORRIS
On the 30°i day of November, 1998, before me personally came Peter Kalkus, to me known,
who, being by me duly sworn, did depose and say that he is Managing Member of
Lamar Springs, LLC, a California Limited Liability Company, who is General Partner of
Lamar Palms Associates, L.P., the partnership described in and which executed the within
instrument.
My Commission Expires On
March 23, 2000 Plen P. O'Brien
MlFN P. O'KdL V
9R"r?° '0RPcTMEV H E)TIMS I ,R q.23,2000
Bond No. 19-81-87
FAITHFUL PERFORMANCE BOND
(STREET RAP ZOVEMENTS)
WHEREAS, the Engineering Division of the City of Palm Springs, State of California, and
Lamar Palms Associates, L.P. (hereinafter designated as "Principal") have
entered into an agreement whereby principal grees to install and complete certain designated
improvements, which said agreement, dated T, 1952 and identified as
�. �
project PM 28918 is hereby referred to and made—a-park hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
NOW, TWRUORE, we the Principal and The Insurance Company of the State of
Pennsylvania �, as surety, are held and firmly bound unto the
City of Palm Springs(hereinafter called the"City"), in the penal sum of $ 27, 195.oo _
lawful money of the United States, for the payment of which sum will 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 as
the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnity and save harmless City, its officers, agents, 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 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 the same shall in any way affect its obligations or 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 the specifications.
t
IN WITNESS WIIEREOF, this instrument has been duly executed by the principal and surety
above named, on November 18 19 98
Lamar Palms Associates, L.P.
Principal C
(NOTARIZED)) �
Lu ' M, VL'
Print Name and TU1 (���4,wvT
(NOT'AR.IMD) BY
Print Name and Title
The InsurancyGpmpany of I State o- Pennsylvania
Surety
(NOTARIZED) By .—
AttarnO in Fact
Craig Bancroft
2
• i
SURETY ACKNOWLEDGMENT
STATE OF MARYLAND
COUNTY OF ANNE ARUNDEL
On the 18th day of November, 1998, before me personally came Craig Bancroft,to me
known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact
of The Insurance Company of the State of Pennsylvania, the corporation described in and
which executed the within instrument,that he knows the corporate seal of said
corporation, that the seal affixed to the within instrument is such corporate seal, and that
she signed the said instrument and af.Pixed the said seal as Attorney-in-Fact by authority
of the Board of Directors of said corporation and by authority of this office under the
Standing Resolutions thereof.
My Commission Expires On G/
November 1, 2002
Thelma E. Sisk
N.\bond\word\york\forms\tmotary doc
The Insurance Company of the State of sylvania • POWER OF ATTORNEY
Principal Bond Office: 175 Water Street,NlRYork,NY 10038
No.0 1-B-07297
KNOW ALL MEN BY THESE PRESENTS:
That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation,does hereby appoint
F. S. Carnes, Jr., Craig Bancroft, Terry D. Reynolds, Karen Ladner, Marion G. Collett, Victoria M. Leahey-Crush: of
Baltimore, Maryland---
its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds,undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the company thereby.
IN WITNESS WHEREOF,The Insurance Company of the State of Pennsylvania has executed these presents
this L
30th day of Jam, 1997
/V'
l
Dann Kolbeck,Assistant Vice President
.ru.
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss.
On this 30th day of Jam, 1997 before me came the above
named officer of The Insurance Company of the State ofY}9;t
Pennsylvania, to me personally known to be the individual and i z j PLtk"C'tt-yw of NL x
officer described herein, and acknowledged that he executed the P:a 01NaLC814200
foregoing instrument and affixed the seal of said corporation 'r `'UIMZ C`,_,. 11
thereto by authority of his office.
CERTIFICATE
Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania,on May 18, 1976:
"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 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 business;
"RESOLVED,that the signatures and attestations of such officers and the seal of the Company 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 or facsimile seal shall be valid
and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing
obligatory in the nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact."
1, Elizabeth M. Tuck, Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution
adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the
Resolution and the Power of Attorney are in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of the corporation
this 18th dayof November 19 98
is -
Elizabeth M.Tuck,Secretary
STATE OF NEW JERSEY
COUNTY OF MORRIS
On the 30" day of November, 1998, before me personally came Peter Kalkus, to me known,
who, being by me duly sworn, did depose and say that he is Managing Member of
Lamar Springs, LLC, a California Limited Liability Company, who is General Partner of
Lamar Palms Associates, L.P., the partnership described in and which executed the within
instrument.
My Commission Expires On --
March 23, 2000 Allen P. O'Brien
// ELLEN P. O'uRIEN
ACTiAIRY PUBLIC OF NEW JERSEY
WY COMMISSION EXPIRES MAn.23,2QII0