HomeMy WebLinkAboutA4057 - ELECTRIC AVENUE SUBDIVISION IMPROVEMENT Electric Avenue, LLC
Subdivision Improvement
AGREEMENT #4057
CM signed 12-23-98
r
SUBDIVISION IMPROVEMENT AGREEMENT
by .and between
CITY OF PALM SPRINGS
and
ELECTRIC AVENUE, L.L.C., A LIMITED LIABILITY COMPANY
Subdivision Improvement Agreement
TABLE OF CONTENTS '
1. Construction Obligations.................................................. 1
1.1 Works of Improvement..................I........................ 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.................................................................1.............. 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
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Subdivision Improvement Agreement
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 Relate d 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 Worl':..................................... 12
8.3 Attorney's Fees and Costs....................................... 12
9. Indemnity.......................................................................... 12
10 General Provisions............................................................. 13
10.1 Successors and Assigns........................................... 13
10.2 No Third Party Beneficiaries..................................... 13
10.3 Entire Agreement; Waivers and Amendments.......... 13
11. Corporate Authority.......................................................... 13
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Electric Avenue, L.L.C.
• Subdiv Improvement Agr-TM28852
AGREEMENT #4057
CM Signed, 12-23-98
Subdivision Improvement Agreement
SUBDIVISION IMPROVEMENT AGREEMENT
THIS Sl,IBDIVIS ON IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this -L3��day ofn 1992_ , by and between the CITY OF PALM
SPRINGS, a municipal corporation of the State of California ("CITY"), and ELECTRIC
AVENUE, L.L.C., A LIMITED LIABILITY COMPANY ("Subdivider").
(RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map
for Tract No. 28852 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 "B and C" to public use for street and public
utility purposes. City desires to accept the easements shown on the Map as Lot "B and C"
for emergency use and utilities, and certain other improvements described in this
Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as hereinafter
defined) which are required to be constructed and installed in order to accommodate the
development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement and its offer of dedication of the streets, easements and other
improvements and facilities, as shown on the Map, are a material consideration to City in
approving the final map for the Property and permitting development of the Property to
proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and
in consideration of City's approving the Map for the Property and permitting development of
the Property to proceed, Subdivider agrees to timely perform all of its obligations as set
forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Subdivider agrees, at its sole cost and,
expense, to construct or install or cause to be constructed or installed the street,'
drainage, domestic water, sanitary sewer and, other improvements, (herein
sometimes collectively referred to as the "Works of Improvement"), as the same may
be supplemented and revised from time to time as set forth herein (said' plans and
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Subdivision Improvement Agreement
specifications, together with all related documents, are referred to herein as the
"Plans"). The estimated construction cost for the Works of Improvement is
$40,509.00.
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 monuiment(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 Coty of Palm Springs written notice of the setting of
said monument(s) and written proof of having paid the engineer or surveyor for the
setting of said monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished,
all materials, labor, tools, equipment, utilities, transportation, and incidentals'
required to perform Subdivider's obligations under this Agreement.
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Subdivision Improvement Agreement
1.6 Changes in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering
or deleting any portion of the Works of Improvement as specified herein or as
deemed necessary or desirable by the City Engineer as determined necessary to
accomplish the purposes of this Agreement and to protect the public health, safety,
or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in
writing (by Correction Notice) at the time a determination has been made to require
changes in the work. No field changes performed or proposed by Subdivider or its
contractor shall be binding on City unless approved in writing by the City Engineer.
1.7 Defective Work. Subdivider shall cause its contractor to repair,
reconstruct, replace, or otherwise make acceptable any work found by the City
Engineer to be defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have
been prepared by or on behalf of Subdivider or its consultants or contractors, and
City makes no representation or warranty, express or implied, to Subdivider or to
any other person regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the
authority to decide all questions which may arise as to the quality and acceptability
of materials furnished and work performed, and all questions as to the satisfactory
and acceptable fulfillment of the terms of this Agreement by Subdivider and
Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor
to keep a copy of all approved Plans at the job site and shall give access thereto to
the City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the
job site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the
Works of Improvement. Subdivider shall cause its contractor to furnish the City with
every reasonable facility for ascei taining 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
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Subdivision Improvement Agreement
The inspection of the work by City shall not relieve Subdivider or the
contractor of any obligations to fulfill this Agreement as herein provided, and
unsuitable materials or work may be rejected notwithstanding that such materials or
work may have been previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state,
and local laws, ordinances, rules and regulations.
1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and
its contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's
contractor has completed all of the Works of Improvement, Subdivider shall then
request a final inspection of the work. It items are found by the inspector to be
incomplete or not in compliance with this Agreement or any of the requirements
contained or referenced herein, City will inform the contractor of such items. After
the contractor has completed these items, the procedure shall then be the same as
specified above for the contractor's initial request for final inspection. If items are
found by City's inspector to be incomplete or not in compliance after two (2) "final"
inspections, City may require the contractor, as a condition to performing further field
inspections, to submit in writing a detailed statement of the work performed
subsequent to the date of the previous inspection which was found to be incomplete
or not in compliance at that time.
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
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) dgys following City's approval of the Plans
("Commencement Date"); and (ii;) complete or cause to be completed all of the
Works of Improvement nine 9 manths after the Commencement Date.
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Subdivision Improvement Agreement
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1,
City reserves the right to control and regulate the phasing of completion of specific
Works of Improvement as required to comply with applicable City ordinances,
regulations, and rules relating to the timely provision of public services and facilities.
In addition to whatever other remedies, City may have for Subdivider's failure to
satisfy such phasing requirements, as the same now exist or may be amended from
time to time. Subdivider acknowledges City's right to withhold the issuance of further
building permits on the Property until such phasing requirements are satisfies. Prior
to issuance of building permits, Subdivider shall provide satisfactory evidence that
all applicable requirements that are a condition to issuance of building permits have
been satisfied. Such requirements may include the payment of fees, construction of
improvements, or both.
2.3 Force Majeure. Notwithstanding the provisions of Section 2.1,
Subdivider's time for commencement and completion of the Works of Improvement
shall be extended for the period of any enforced delay caused due to circumstances
beyond the control and without the fault of Subdivider, including to the extent
applicable adverse weather condtions, flood, earthquakes, strikers, lockouts, acts or
failures to act of a public agency (including City), required changes to the Scope of
Work required by City, and similar causes; provided, however, that the period of any
enforced delay hereunder shall not include any period longer than five (5) days prior
to City's receipt of a written notice from Subdivider or its Contractor detailing the
grounds for Subdivider's claim to a right to extend its time for performance
hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision
shall be final.
2.4 Continuous Work. After commencement of construction of the Works
of Improvement (or separate portion thereof), Subdivider shall cause such work to
be diligently pursued to completion, and shall not abandon the work for a
consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may
have due to Subdivider's failure to timely perform its obligations hereunder,
Subdivider recognizes that City reserves the right to revert the Property to acreage
subject to the limitations and requirements set forth in California Government Code
Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works
of Improvement have 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 Subd�viderl
shall not be considered in determining City's authority to revert the Propehyl°to'
acreage.
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Subdivision Improvement Agreement
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 $96,039.00
estimated construction costs listed in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to
contractors, subcontractors, and other Y persons furnishing labor,
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Subdivision Improvement Agreement
materials, and/or equipment ("Labor and materials Security
Instrument") with respect to the Works of Improvement in an amount
equal to $48,020.00 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
$1,925.00 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
$10,127.00 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 the date of
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Subdivision Improvement Agreement
expiration of any such letter of credit and shall further be subject to the
provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are
Instruments of Credit, any Instrument of Credit shall be an assignment of
deposit account assigning as security to City all of Subdivider's interest in
funds on deposit in one or more bank accounts with financial institutions
acceptable to City.
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required
to be made (and, with respect to bonds, litigation shall be required to
be instituted and maintained) in the City of Palm Springs, State of
California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of
one (1) year after the deadline for Subdivider's completing the Works
of Improvement, in accordance with Section 2.1 (other than
Instruments of Credit, which shall have no defined term or expiration
date).
(iii) Each Security Instrument shall provide that changes may
be made in the Works of Improvement pursuant to the terms of this
Agreement without notice to any issuer or surety and without affecting
the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its Security under any Security Instrument, Subdivider
agrees to cooperate with City to facilitate City's realization under any Security
Instrument, and to take no action to prevent City from such realization of any
Security Instrument. Notwithstanding the giving of any Security Instrument or the
subsequent expiration of any Security Instrument or any failure by any surety or
financial institution to perform its obligations with respect thereto, Subdivider shall be
personally liable for performance under this Agreement and for payment of the cost
of the labor and materials for the improvements required to be constructed or
installed hereby and shall, within ten (10) days after written.demand therefor, deliver
to City such substitute security as City shall require satisfying the requirements in
this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b),
City shall be entitled to draw on any such letter of credit if a replacement
letter of credit (expiring in not less than one (1) year, unless City agrees to a
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Subdivision Improvement Agreement
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 tq 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 3114) of Chapter 2 of Title 15 of
Part IV of Division 3 of the California Civil Code. If lien 'claims have
been timely filed, City shall hold the Labor and Materials Security
Instrument until such claims have been resolved, Subdivider has
provided a statutory bond, or otherwise as required by applicable;law.
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(b) City shall release the Maintenance and Warranty Security
Instrument upon Subdivider's written request upon the expiration of the
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Subdivision Improvement Agreement
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,tb,
any warranties or other obligations otherwise imposed by law.
8. Default.
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Subdivision Improvement Agreement
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be
in addition to, and not exclusive of, City's right to pursue any other administrative,
legal, or equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider
shall 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 negligence or wilful misconduct.
10. General Provisions.
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Subdivision Improvement Agreement
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 resp is ee vtis ee vt 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 AgreemE_nfi 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 Author!!Y. The persons executing this Agreement on behalf
of the parties hereeto warrant the (1) 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.
12
Subdivision Improvement Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
DATED:
ATTEST: C� OF PALM SPRIN S LIFORNIA
By C— _
City-berk City MaKaaer
APPROVED AS TO FORM:
IT
-
/4 qCs ,
City Attorney
CONTRACTOR:
Electric Avenue , L.L.C.
(Check One: __., iadiyidual, partnership
—corp r 6n)
(Notarize Signature) B �
Dennis A. Cu crirf` m Mana in Partner
Print Name andjihle
(Notarize Signature) By:e—-
Print Name and Title
"Subdivider"
Mailing Address:
45-540 Desert Fox Drive
La Quinta, CA 92253
13
State of California
SS.
County of (U Q,r/S I iJ o
On I I�PN OtkL�i �I (Q01D b foreme, ( Jl'CCr ����✓�
Notary Public, personally appeared P.j--)✓I , 5 A . L�wh n i �g �(�h,
personally known to me (or proved to me on the basis of satisfactory evi,ence) to be the person(y) whose
name(s)s/ re subscribed to the within instrument and acknowledged to me tha he he/they executed the
same his er/their authorized capacity(ieb�, and that b5 l er/their signature(s) on the instrument the
personW, or the entity upon behalf of which the person( acted, executed the instrument.
WITNESS my'had and official seal.
Ell a I a e,.
�` �. �� ti s�o F
ti
Signature �t/�� i v��_(Seal) (�,e ^. comm 1148O47
Notary Public-Cahfornia>
Riverside county
7 opN P My Commission Expires
�.eoeeeunneee ur.AugustMAMIMMM
Subdivision Improvement Agreement
EXHIBIT"A"
CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT
STREETS
2. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit.
3. 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 applicable 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.
SUNNY DUNES ROAD EAST
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.
10. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall
be repaired or replaced.
CALLE AMIGOS
12. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall
be repaired or replaced.
DUNES COURT(PRIVATE STP:EET)
13. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 101, curb portion only.
14. Dedicate an easement for sewer and public utility purposes and with right of ingress
and egress for all lots over the private streets.
14
Subdivision Improvement Agreement
15. Construct a 6 inch WEDGE curb and gutter, 18 feet BOTH SIDES of centerline along
the entire frontage, with a 35 foot radius curb return at the intersection with Sunny
Dunes Road per City of Palm Springs Standard Drawing No. 200.
16. Construct the EAST AND WEST halves of a 6 foot cross gutter and spandrel at the
intersection of DUNES COURT and SUNNY DUNES ROAD with a flow line
parallel to the centerline of SUNNY DUNES ROAD in accordance with City of Palm
Springs Standard Drawing No. 200.
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.
19. Construct a curb ramp meeting current California State Accessibility standards at the
northwest and northeast corners of the intersection of Dunes Court and Sunny Dunes
Road per City of Palm Springs Std. Dwg. Nos. 212 and 212A.
20. 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 minimum 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
D. Security gates closer than 50 feet from the access street will require a minimum
of 14 feet clear width. Gates beyond 50 feet from the street will require a
minimum of 12 feet width.
21. Construct street section with a minimum pavement section of 2-1/2 inch asphalt
concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches
at 95% relative compaction, OR equal, from edge of proposed east gutter to'edge of
proposed west gutter along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 300 (no V gutter or ribbon gutter to be constructed
along centerline of street). The pavement section shall be designed, using "R" values,
by a licensed Soils Engineer and submitted to the City Engineer for approval.
SANITARY SEWER
22. Connect all sanitary facilities; to the City sewer system. Laterals shall not be connected
at manhole.
15
Subdivision Improvement Agreement
23. Developer shall construct an 8 inch on-site sewer main across the entire DUNES
COURT frontage and connect to the existing sewer system at SUNNY DUNES
ROAD. The on-site sewer main shall be the responsibility of the HOA.
24. Submit sewer 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:
A. Copy of signed Conditions of Approval from Planning Department.
B. Proof of processing dedications of right-of-way, easements, encroachment
agreements/license., covenants, reimbursement agreements, etc. required by
these conditions.
C. Sewer Study/Report, IF required by these conditions.
TRA + iC
42. 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 SUNNY DUNES ROAD, CALLE AMIGOS AND DUNES COURT
frontages of the subject property.
43. Street name signs shall be required at each intersection in accordance with City of Palm
Springs Standard Drawing Nos. 620 through 625.
44. 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
location:
NW Cor of Dunes Court @ Sunny Dunes Road
45. 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.
16
Bond No. SD00076609
Premium: $1,441.00 / 2 Years
Subject to renewal
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of falt� MinT State of California, and
i1 i ty omnany —
Electric Avenue, LLC, a California Limited (Herein UeSigti'dtC4 as "principal") have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated Low �.n, 19`2,2 and identified as project
TR 28852 , is hereby referred to and made a part hereof;
and
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and Frontier Pacific Ins. Co. as surety,
are held firmly bound unto the City of Palm Springs, hereinafter called ("City"), in the penal
SUM of 'Ninety Six Thousand Thirty Nine* dollars ($ 96,039.Oflawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors and administrators, jointly and severally, firmly by these
presents.
The condition of this obligation is such that if the above bounded principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs,
its officers, agents and employees, as therein stipulated, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed
as costs and included in any 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 anywise affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
Page 1 of 2
Faithful Performance Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
suret ov named, on 12/2/ 1998
Frontier Pacific Insurance Company
Princip Surety
A16mey-i act Judy M. Te11aw
Page 2 of 2
STATE OF CALIFORNIA }
}ss
COUNTY OF SAN DIEGO}
On December 2, 1998 before me,N.Ortiz,personally appeared,Judy M.Tellaw,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)
whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. N.�OPM �
•4ti. Conrn1&s!on#,1192MZ
0.lotary/Public-Cal'iScxniu
,c,,;- •Ti San Diego County 'T
My Conlin.bphesALig6 [ Q2 �
_,-- /
Signature —�-----.�
l
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
0
ZRONIVER
INSURANCE COMPANY
(a California Company)
4250 Executive Square,Suite 200,La Jolla,California 92037
POWER OF ATTORNEY
.T,11ow olff(Men 113,1J VfjCSC (Present$:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or 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 Attorney-in-Fact."
This Power of Attorney is signed and sealed in facsimile JUDYrM aTyELLAW authority oFLORENCE E.GRIFFIN
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Y. LOPEZ A. BARBER
of La Jolla ,in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of recielegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed.
311 MtrCSS 'UfjCrCC1 f,FRONTIER PACIFIC INSURANfEteOMPANY of LeI418v�mabhfforrma,has caused this Power of Attorney to be signed its
Vice President and its Corporate seal to be affixed this day of , 19
FRONTIER PACIFIC INSURANCE COMPANY
,aY�d4 MSUgq"
=�uie xs�
W °'oFop�P BY:
3{
DAVID E.CAMPBELL,Vice President
STATE OF CALIFORNIA)
rr�t ^^ "••
COUNTY OF ovemberR 1995
On before me, N.Ortiz, personally appeared David E.Campbell, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrumem the person(s), or the entity upon behalf of which the persons) acted, executed the
instrument.
Witness my hand and official seal
— >L�1rna
Co Wnlsfa's iF 119=
KKIVCruMn.Etrplrim Aug 6,
Signature of Notary Public
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct Copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my_ name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 2nd day of December , 10 98 /�
.FUFW MSUA�tiq. _/^ A
;; -ALYs" �_ Joseph P.Loughlin,Secretary
FM119-5002E-FP(11/90) -6'•.`'<xrap+P j;
CALIFORNIA ALL-PURPORACKNOWLEDGMENT •
State of
County of
On before me,
Dale t Name and Till )of officer Oe.g.,"Jane oe,Notary Publi )
personally appeared ��!�7c� � C ,e �acJ
Name(2) signer(s)
-F]-personaHykrsowrrtsme—OR proved to me on the basis of atisfactory evidence to be the person
/ whose name ,Ware subscribed to the within instrument
and acknowledged to me tha&she/they executed the
same i )er/their authorized capacity0es)-,and that by
h' /her/their signature() on the instrument the person,
or the entity upon behalf of which the person(sa acted,
f.... eir,INE L.vttFon:mo executed the instrument.
104.067
Notary Puh_lic—California
WITNESS my hand and official seal.
CI�ErddIC7F Cl"UNN Ply Comm. r-FD3.1999
�81grAtburo 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ 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:
01994 National Notary Assoclation•8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7164 Prod.No.5907 Reorder Cell Tall-Free 1.800-876.6827
• Od No. SD00076611
Premium: $100.00 / 2 Years
Subject to renewal
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION
KNOW ALL MEN BY THESE PRESENTS:
That We, Electric Avenue, LLC, a California limited liability company
as Principal, and Frontier Pacific
Insurance Company _ as Surety, are held and firnily bound unto the CITY
OF PALM SPRINGS, STATE OF CALIFORIA, in the sum of *One Thousand Nine Hundred Twenty
Five* Dollars ($ 1,925.oo 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 the 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 City'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 above specified sum all costs incurred by the City in such
suit, including a reasonable attorney's fee to be fixed by the Court.
TNESS/OUR HANDS, this _ Znd_ day of December 19 98
Frontier Pacific Insurance Company
ncipal Surety
A4mey-4j"Fact Judy M. Tellaw
Page 2 of 2
STATE OF CALIFORNIA }
}ss
COUNTY OF SAN DIEGO}
On December 2, 1998 before me,N.Ortiz,personally appeared,Judy M.Tellaw,
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 aclaiowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. ` ° �
MI r :1} `
t�" '1 Commission r'1792202
Piotcry Public-Ca.iicm:t,
San Diego County
9NyC.urrs� i
Signature
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
=RONTI R M_-==
INSURANCE COMPANY
(a California Company)
4250 Executive Square,Suite 200,Lo Jolla,California 92037
POWER OF ATTORNEY
T,no ll rAff(Men (By T71je5e j1resentS:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or 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 Attorney-in-Fact"
This Power of Attorney is signed and sealed in facsimil nder and b the authority of the above Resolution.
ODY M. T�LLAW FLORENCE E. GRIFFIN
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Y. LOPEZ A. BARBER
of La Jolla , in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed.
r�111f11C$$ (eTCOf FRONTIER PACIFIC INSURAN COMPANY of La,Jolla California,has caused this Power of Attorney to be signed b�L its
Vice President and its Corporate seal to be affixed this ""1i day of NOV2171oef 19 yb
FRONTIER PACIFIC INSURANCE COMPANY
STATE OF CALIFORNIA)
DAVID E.CAMPBELL,Vice President
COUNTY OFN4ovem I EG1 t3, 1995
On before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument
Witness my hand and official seal
N.xri*C
_ C°,Omrt115skxt;k 41P7„y42 4
s Notmy Pttt-CWkcrnb
Sw Maw Calm" r1
ASVComm.B0rWAuQ4=
Signature of Notary Public
i,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 2nd dayof December , 1998 /(//]
¢f ?mwxs� o`. Joseph P.Loughlin,Secretary
s-
FM 19-5002B-FP(11/98)
CALIFORNIA ALL-PURPORACKNOWLEDGMENT
State of ! /C��z Yc9�%u o✓
r
County of
On a r <d' before me,
✓ Date / Y, Name,
nd Title of Officer(e.g.,"Jane Doe,Notary P blle)
personally appeared
Na (s)of Signer(s)
�pwrsenalfy-knowmto me=-OR--1 proved to me on the basis of satisfactory evidence to be the persons
/ , whose name(/6, )are subscribed to the within instrument
and acknowledged to me th- helhe/they executed the
scene in sGher/their authorized capacity(ies), and that b
Chts{Fler/their signature )on the instrument the person;
F�INrL.vrfIonnvo
or the entity upon belalf of which the person s'] acted,
cor iu`;a75T executed the instrument.
Not^N Pul-I —Cclifomia
COUNTY
rir�s o 1.19c,' �) WITNESS my hand and official seal.
Slgfiature 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ 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:
232
0 19M National Notary Assoclaticn"8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827
• B No. SD00076611
EXECUTED IN FOUR COUNTERPARTS
Premium: $100.00 / 2 Years
Subject to renewal
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION
KNOW ALL MEN BY THESE PRESENTS:
That We, Electric Avenue, LLC, a California limited liability company
as Principal, and Frontier Pacific
Insurance Company - as
Surety, are held and firmly bound unto the CITY
OF PALM SPRINGS, STATE OF CALIFORIA, in the sum of *one Thousand Nine Hundred Twenty
Five* Dollars ($ 1,9z5.oo �, 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 the 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 City'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 above specified 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 2nd day of December 19 98
9
Frontier Pacific Insurance Company
1 Surety
A 6mey-' 'Fact Judy M. Tellaw
Page 2 of 2
STATE OF CALIFORNIA }
}ss
COUNTY OF SAN DIEGO}
On December 2,1998 before me,N.Ortiz,personally appeared,Judy M.Tellaw,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)
whose natne(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand aid official seal.
N.ORTIZ
Commission#1191302 s
z ri Notay Public-ca9lfamia
Son Diego Coul
'� My Comm. h66 2[M
Signature
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
FZRONIVER
•
= I
INSURANCE COMPANY
(a Callfornlo Company)
4250 Executive Square,Suite 200,La Jolla,California 92037
POWER OF ATTORNEY
Fkno>7 cAff Men cj3y VC)ZSC (1resents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or 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 maybe 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 Attorney-in-Fact:"
This Power of Attorney is signed and sealed in facsimile under and b the authority of the above Resolution.
JUDY M. WLLAW FLORENCE E. GRIFFIN
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Y. LOPEZ A. BARBER
of La Jolla ,in the State of California
its true and lawful Atlorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
INAN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed. a�h (Witness VC)ereof FRONTIER PACIFIC INSURAI hCOMPANY of L NOV�I'I 9lefrnia,has caused this Power of Attorney to be signed byits
Vice President and its Corporate seal to be affixed this day of , 19 �6b .
FRONTIER PACIFIC INSURANCE COMPANY
e BY:
DAVID E.CAMPBELL,Vice President
STATE OF CALIFORNIA)��11,,
COUNTY OF�4ove Dbe�15, 1995
On before me, N Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument
y.w Witness my hand and official seal
a 11,11.0WAZ ,
7 G,on'rti#11923 2
NOM Pu4UC-Caflhark
swolew
*Cornet.E)Orer Aug Q 2 M2
Signature of Notary Public
1,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 2nd day of December - .19 98
:JULY ESo o, V Joseph P Loughlin,Secretary
8i- nre v=
FM 19-5002B'FP(11/98) `a n"��^o^"' r
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 above specified sum all costs incurred by the City in such
suit, including a reasonable attorney's fee to be fixed by the Court.
S OUR BANDS, this end day of December 19 98
r
J i
Frontier Pacific Insurance Company
rincipal Surety
Atorney-irMact Judy M. Tellaw
Page 2 of 2
• B�No. SD00076609
Premium: Included In The
EXECUTED IN FOUR COUNTERPARTS Performance Bond
CITY OF PALM SPRINGS
BOND FOR MAINTENANCE OF IMPROVEMENTS
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS:
That We, Electric Avenue, LLC, a California Limited Liability Company
as Principal, and Frontier Pacific
Insurance Company as Surety, are held and firmly bound unto the CITY
OF PALM SPRINGS, STATE OF CALIFORNIA, in the SUM Of*Ten Thousand One Hundred Twent
Seven**** Dollars ($ 10,127.00 lawful money of the United States of America, for the payment Y
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 THIS OBLIGATION IS SUCH, that;
WHEREAS the Principal has entered into or is about to enter into a written agreement
with the City of Palm Springs, pursuant to the authority of the Subdivision Map Act of the State
of California, for the improvement of the streets and easements offered for dedication on the
final map of TR 28852 , 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 that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and
Page 1 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 December 2 _ 199$
r--
i
Frontier Pacific Insurance Company
Principal Surety
g ,r a ��� 7
"'yi" "'c 'i—a1� �, l.3!.�
At�tOiney-in-Act Judy M. Tellaw
Page 2 of 2
i i
STATE OF CALIFORNIA )
}ss
COUNTY OF SAN DIEGO)
On Decanber 2, 1998 before me,N.Ortiz,personally appeared,Judy M.Tellaw,
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)
whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. M.QPTIZ
commission P,!11?2302 !�
HotaryPublic-California
San Diego County R
'' IVY Coarn.as�fes Aug d,2M2��
Signature
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLAND)
=RONTIER =====
INSURANCE COMPANY
(a California Company)
4250 Executive Square,Suite 200,La Jolla,California 92037
POWER OF ATTORNEY
f�110b>A CC Men Q3y 'E71 CSC CPreSC11t5:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or 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 Attorney-in-Fact"
This Power of Attorney is signed and sealed in facsimile under and JUDY IM. T�by the authority of the above Resolution.
ELLAW FLORENCE E. GRIFFIN
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Y. LOPEZ A. BARBER
of La Jolla in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegahon,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed.
3)1 Wit11CSS V I)ereOf FRONTIER PACIFIC INSURANCE COMPANY of La Jolla,California,has caused this Power of Attorney to be signed bYits
Vice President and its Corporate seal to be affixed this 15th day of Novem er 19 9b
FRONTIER PACIFIC INSURANCE COMPANY
INSU..... ;
5¢P ap�Ogq+ Ca �iJ
BY:
%.,
STATE OF CALIFORNIA) DAVID E.CAMPBELL,Vice President
COUNTY OF�AN Dbe�Q1
5, 1995
On before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal
' hf.0Ii111 y _
Canmiss1011#1192302
lJcdSo P k -Cc>dl
Son + f
t Dlego Comfy
r
My •ExOrMAuC421
Signature of Notary Public
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 2nd day of December - - ,19 98
=wl =JULY 25a Joseph P.Loughlin,Secretary
eil a:
FM 10-5002e-FP(11/99)
• BO�NO. SDO0076609
Premium: $1,441.00 / 2 ',Years
EXECUTED IN FOUR COUNTERPARTS Subject to renewal
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of galw.lTtim, State of California, and _
Electric Avenue, LLC, a California Limited 1(fierem alesign%fe(}' as "principal") have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated 0, a3 , 19q� and identified as project
TR 28852 _ , is hereby referred to and made a part hereof;
and
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and Frontier Pacific Ins. Co. as surety,
are held firmly bound unto the City of Palm Springs, hereinafter called ("City"), in the penal
SUM of *Ninety Six Thousand Thirty Nine* dollars ($ 96,039.0plawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our hens, successors, executors and administrators, jointly and severally, firmly by these
presents.
The condition of this obligation is such that if the above bounded principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the: covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs,
its officers, agents and employees, as therein stipulated, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed
as costs and included in any 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 anywise affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
Page 1 of 2
Faithful Performance Bond
IT N S WHEREOF, this instrument has been duly executed by the principal and
sure ve ed. on 1z 2 19 E
Frontier Pacific Insurance Company
cipal Surety
Attdrney-in-, act Judy M. Tellaw
Page 2 of 2
STATE OF CALIFORNIA }
}ss
COUNTY OF SAN DIEGO}
On Decanber 2, 1998 before me,N.Ortiz,personally appeared,Judy M.Tellaw,
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)
whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. M.001 17
Ctagy Public
- 1199302
i 'Y
FiotaryPuk+;ic-Cafii�nia
San Diego county °>
WCovnnl.G��esAug6,"W21;5
Signature
1�
:I:ffi t a::k;k;k;k:Y.:l::l::k:l:8::k:k:k=k�:N:A::k:1::1:8:A::F:I::k:k=k:k;k;i;k;k:l::l:+#&:k=I:;L•;k;k#."�-'k:k:F:k:k:k:k:k;k:k;l:�::k�:#:k++�:k*=1:;e%k:::%k:l::k
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
-ROM17ER =====
INSURANCE COMPANY
(a California Company)
4250 Executive Square,Suite 200,La Jolla,California 92037
POWER OF ATTORNEY
�,,not0 Af(•CfflCri y Vf)CSC Tt'CSent$:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or 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-m-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 suchAttorney-in-Fact."
This Power of Attorney is signed and sealed in facsimil�bderl�ldhl�the authority oL1heOtNGI�(iKIFFIN
DOES HEREBY MAKE,CONSTITUTE AND APPOINT' Y Y. LOPEZ FL A. BARBER
of La Jolla , in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed.311 f�
Vice President and Its Corporate seal to R PACIFIC
thisSURAN(i!�,OMPA Y of day of iAl� C6l ?rnia,has caused this Power of Attorney to be19gned 6VS
FRONTIER PACIFIC INSURANCE COMPANY
aP4f....
•`STATE OF CALIFORNIA) ............... DAVID E.CAMPBELL,Vice President
COUNTY OFN564�1,ZFepq 1995
On before me, N.Ortiz,personally appeared David E. Campbell, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal
d KO Z
_l C�ltnisztwo#19 ` p^ '
Nl0lS Dii -�d196ITdo g 1 1
Signature of Notary Public
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 2ND dayof December , 13 98
a 4a.'opeopNlm cn 3%;-
W/ _JU�Ys Joseph P.Loughlin,Secretary
°
FM 19 5002B-FP(11/98)
ANo. SD000766o9
EXECUTED IN FOUR COUNTERPARTS Premium: Included In The
Performance Bond
CITY OF PALM SPRINGS
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the gitgf Pr S gs, State of California, and —
Electric Avenue, LLC, a California Limited ierema er a sgna ed as "Principal") have entered into
an agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated I� 'a 3 1998 and identified as project
TR 28852 is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
Palm Springs to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly
bound unto the City of Palm Springs and all contractors, subcontractors, laborers, materialmen
and other persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Civil Code in the sum of *Forty, Eight Thousand Twent}dollars ($ 48.020.Oq, for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,
will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in
the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
Page 1 of 2
Labor and Materials Bond
IT Fed,
WHEREOF, this instrument has been duly executed by the principal and
surety aboon December 2 19 98
6
Frontier Pacific Insurance Company
mcipal Surety
� i
Judy M. Tellaw -.
Att6rney-in-� ct y
Page 2 of 2
STATE OF CALIFORNIA }
}ss
COUNTY OF SAN DIEGO)
On December 2,1998 before me,N.Ortiz,personally appeared,Judy M.Tellaw,
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 aclaiowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal eJ.O
Cernmissioll 1792°03 I.
h.otanr Public-CeliYamla -
i San Die go Count/ S
- MyCc E TirasAu,36 W9��
1
,
Signature
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
=RONIVER ---_=
INSURANCE COMPANY
(a California Company)
4250 Executive Square,Suite 200,Lo Jolla,California 92037
POWER OF ATTORNEY
TT notb offf Wen Q3y Vfyse ( c)resents:That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office
in La Jolla,California, pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991.
"RESOLVED,that the Chairman of the Board,the President,or 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 oflicars 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 data thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
This Power of Attorney is signed and sealed in facsimile,gpder V.db-1�[htXW,ity offpheOab�vg,5e�o tiGI21FFIN
DOES HEREBY MAKE,CONSTITUTE AND APPOINT: dUUUUYY MMY. LOPEZ
WW LL R IVA.. tBARBER
of La Jolla ,in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver
in its behalf,and as its act and deed,without power of redelegation,as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private(rust,guaranteeing the performance of contracts other than
insurance policies;and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
INAN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorneys)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed.311 a��
Vice President and ills f)CYCCorp0 FRte ONTIER
Io be PACIFIC
this SURANff4.OMPA day f N8 �ll �rnia,has caused this Power of Attorney to be signedkits
FRONTIER PACIFIC INSURANCE COMPANY
BY:
''•STATE OF CALIFORNIA DAVID E.CAMPBELL,Vice President
n) � '-
COUNTY OFN4ovem IEGT5, 1995
On before me, N.Ortiz,personally appeared David E.Campbell,personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal
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Signature of Notary Public
I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certify that the original POWER
OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 2nd day of December , 19 98 .///n9�r4 A
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