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HomeMy WebLinkAboutA3999 - LANDAU DEVELOPMENT TM 28636 SUBDIV Landau Development Co. , Inc. Subdivision Improvement Agr, TM 28636 AGREEMENT #3999 CM Signed, 7-8-98 SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and LANDAU DEVELOPMENT CO., INC. 0 0 Subdivision Improvement Agreement TABLE OF CONTENTS 1 . Construction Obligations.................................................. 4 1 .1 Works of Improvement..................I........................ 4 1 .2 Other Obligations Referenced in Conditions of Tentative Map Approval........................................................ 5 1 .3 Intent of Plans........................................................ 5 1 .4 Survey Monuments................................................. 5 1 .5 Performance of Work............................................... 6 1 .6 Changes in the Work............................................... 6 1 .7 Defective Work....................................................... 6 1 .8 No,Warranty by City................................................ 6 1 .9 Authority of the City E:ngineer................................... 6 1 .10 Documents Available at the Site................................ 6 1 .11 Inspection............................................................... 6 1 .12 Compliance with Law................................................ 7 1 .13 Suspension of Work-............................................... 7 1 .14 Erosion and Dust Control and Environmental Mitigation.. 7 1 .15 Final Acceptance of Works of Improvement................... 7 2. Time for Performance........................................................... 8 2.1 Commencement and Completion Dates......................... 8 2.2 Phasing Requirements................................................. 8 2.3 Force Majeure............................................................ 8 2.4 Continuous Work........................................................ 8 2.5 Reversion to Acreage.................................................. 9 2.6 Time of the Essence.................................................... 9 3. Labor.................................................................................. 9 3.1 Labor Standards......................................................... 9 3.2 Nondiscrimination....................................................... 9 3.3 Licensed Contractors.................................................. 9 3.4 Workers' Compensation.............................................. 9 4. Security.............................................................................. 10 4.1 Required Security....................................................... 10 4.2 Form of Security Instruments....................................... 10 4.3 Subdivider's Liability................................................... 12 2 0 0 Subdivision Improvement Agreement 4.4 Letters of Credit.......................................................... 12 4.5 Release of Security Instruments.................................... 13 5. Cost of Construction and Provision of Inspection Service.......... 13 5.1 Subdivider Responsible for All Related Costs of Construction.............................................................. 13 5.2 Payment to City for Cost of Related Inspection and Engineering Services............................................. 13 6. Acceptance of Offers of Dedication........................................ 14 7. Warranty of Work................................................................ 14 8. Default............................................................................... 14 8.1 Remedies Not Exclusive............................................... 14 8.2 City Right to Perform Work........................................... 14 8.3 Attorney's Fees and C;osts............................................ 15 9. Indemnity............................................................................. 15 10 General Provisions................................................................. 15 10.1 Successors and Assigns................................................ 15 10.2 No Third Party Beneficiaries........................................... 15 10.3 Entire Agreement; Waivers and Amendments................... 16 3 i 0 Subdivision Improvement Agreement SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION,IMP OVEMENT AGREEMENT (this "Agreement") is entered into this i"'— day of %�'`�� 199 '-f, by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California ("CITY"), and Landau Development Co., Inc. ("Subdivider"). RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 28636 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to City the easements shown on the Map as Lot(s) " A, B, C, and D ". City desires to accept the easements shown on the Map as Lot(s) " A, B, C, and D " 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 4 • 411 Subdivision Improvement Agreement (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $86,735.88. 1 .2 Other Obligations Referenced in Conditions of Tentative Mao Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit "A" hereto. 1 .3 Intent of Plans. The intent of the Plans referenced in Section 1 .1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1 .4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 5 • 0 Subdivision Improvement Agreement 1 .5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1 .6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 1 .7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 1 .8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City maker no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents. 1 .9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 1 .10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1 .11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not 6 • 0 Subdivision Improvement Agreement 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. 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 Mth 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. 7 • 0 Subdivision Improvement Agreement No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement nine (9) months after the Commencement Date. 2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1 , City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time. Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfies. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. 2.3 Force Maieure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 8 Subdivision Improvement Agreement 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 Subdivider shall not be considered in determining City's authority to revert the Property to acreage. 2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement, 3. Labor. 3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. 3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor performing any of the Works of Improvement shall discriminate against any employee or prospective employee with respect to such work in hiring, promotion, seniority, or any other terms and conditions of employment on the grounds of race, creed, color, national origin, ancestry, religion, sex, or marital status. 3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. 9 • B Subdivision Improvement Agreement 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 $134,990.00 of the estimated construction costs listed in Section 1 .1 . (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and materials Security Instrument") with respect to the Works of Improvement in an amount equal to $67,495.00 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 ,875.00 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 • o Subdivision Improvement Agreement $21 ,683.97 of the estimated construction cost set forth in Section 1 .1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney; (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the Director, Department of Transportation of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments. (i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). 11 0 0 Subdivision Improvement Agreement (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 lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may 12 Subdivision Improvement Agreement 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. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such 13 Subdivision Improvement Agreement reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such 14 Subdivision Improvement Agreement 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 willful misconduct. 15 Subdivision Improvement Agreement 10. General Provisions. 10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. 10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written. 16 Subdivision Improvement Agreement CIT OF PALM SPRINGS LIFORNIA DATED: % "" (�� By: City a ager "City" u u;4„V l L p n 9 ATTEST: ����^J, e/�`� _' /�� f?PIS•�� p��fFr 1 F•R;+"li��a_ �r"C�'�. s',._''d.:`7 j*.�j'd:;�;� City Clerk �,PY APPROVED AS TO FORM: 139�✓ City Attok Dated: Landau Development Co.,nInc. / A �J ` / By:ByAV Lin B. Green Its: President "Subdivider" Address Landau Development Co., Inc. P.O. Box 1725 Palm Springs, CA 92263 17 0 Subdivision Improvement Agreement EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT APPLICATION FOR APPROVAL OF TENTATIVE TRACT MAP NO 28636 LOCATED AT 540 TAMARISK ROAD (AP# 507-164-003), SECTION 11, T 4 S, R 4 E, S.B.B.M., CASE NO. TTM 28636, ENG. FILE NO. TTM 28636 The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Pen-nit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All 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. VIA MIRALESTE 4. Dedicate an additional right-of-way of 24 feet to provide the ultimate half street width of 44 feet along the entire frontage, together with a property line - comer cut- back at the SOUTHEAST comer of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 18 0 0 Subdivision Improvement Agreement 5 Construct an 8 inch curb and gutter, 32 feet WEST of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHEAST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 6. Construct the WEST half of a 6 foot cross gutter and spandrel at the intersection of VIA MIl2kLESTE and TAMARISK ROAD with a flow line parallel to the centerline of TAMARISK ROAD in accordance with City of Palm Springs Standard Drawing No. 200. 7. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 8. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 9. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 10. Construct AC pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimurn subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage including a pavement transition to existing edge of pavement north of north property line in accordance with City of Pahn Springs Standard Drawing No. 110 and 330. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. The transition length shall comply with City standards. TAMARISK ROAD 11. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street width of 30 feet along the entire frontage, together with a property line - corner cut- back at the SOUTHEAST AND SOUTHWEST corners of the subject property in accordance with City of Pahn Springs Standard Drawing No. 105. 12. Construct an 8 inch curb and gutter, 20 feet NORTH of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHEAST AND SOUTHWEST corners of the subject property per City of Palm Springs Standard Drawing No. 200. 13. Construct the EAST half of a 6 foot cross gutter and spandrel at the intersection of TAMARISK ROAD and AVE. DE LAS PALMAS with a flow line parallel to the 19 Subdivision Improvement Agreement centerline of TAMARISK ROAD in accordance with City of Pahn Springs Standard Drawing No. 200. 14. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. 15. 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. 16. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 17. Construct AC pavement with a minimum pavement section of 3 inch asphalt concrete over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. AVENIDA DE LAS PALMAS 18. Dedicate an additional right-of-way of 5 feet to provide the ultimate half street width of 25 feet along the entire frontage, together with a property line - corner cut-back at the SOUTHWEST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 19. Construct a 6 inch curb and gutter, 18 feet EAST of centerline along the entire frontage and AP# 507-164-002, with a 35 foot radius curb return at the SOUTHWEST comer of the subject property per City of Palm Springs Standard Drawing No. 200. * 20. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. * 21. 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. * 22. Construct AC pavement with a minimum pavement section of 2-1/2 inch asphalt concrete over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage including a pavement transition to 20 Subdivision Improvement Agreement existing edge of pavement north of north property line in accordance with City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. The transition length shall comply with City standards. SANITARY SEWER 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. TRAFFIC 41. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the VIA MIRALESTE, TAMARISK ROAD and AVE. DE LAS PALMAS frontages of the subject property. 42. Separate striping plans for Via Miraleste shall to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 43. 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 minann um, 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. Dedications of right-of-way done via Final Map No. 28636 being simultaneously approved by City Council with this agreement and simultaneous recorded at the Riverside County Recorder's Office. * Items deferred to a Street Improvement Covenant 21 ISSUED IN FOUR COUNTERS P IUM OF $1,908.00 IS FOR A T OF TWO YEARS. BOND NUMBER 513430S CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and LANDAU DEVELOPMENT CO. , INC. , A CALIFORNIA CORPORATION (herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, datedl,,,6'C</d' , 19K� and identified as project TRACT 28626 is`�ereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. DEVELOPERS INSURANCE NOW, THEREFORE, we, the principal and COMPANY as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("City"), in the penal sum of ** dollars ($86,735.8 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *EIGHTY SIX THOUSAND SEVEN HUNDRED THIRTY FIVE AND 88/100 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 surety above named, on JUNE 19 , 1.998 LANDAU DEVELOPMENT CO. , INC. , A CALIFORNIA CORPORATION DEVELOPERS INSURANCE COMPANY Principal Surety 1) Attorney `-Fact' MICHAEL J.' HENSEL Page 2 of 2 . • 0 STATE OF CALIFORNIA SS. COUNTY OF SAN BERNARDINO On JUNE 19, 1998 beforeme, KARIE T. ROUSSERE, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) ivhose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ MARIE T. ROUSSERE their signature(s) on the instrument the person(s), or the F : COMM.41133238 Ib entity upon behalf of which the person(s) acted, executed m NOTARY PUBLIC•CALIFORNIA SAN BERNARDINO COUNTY P the instrument. My Comm.Expires Apr.9,2001 WITNESS my hand and official seal. Si,natur2 �� .� - fai'� i'/.L! ,t�/ This area fur Official Notarial Seal v OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER FAITHFUL PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL —2— ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: JUNE 19, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NANIE OF PERSON(S)OR ENTITY(IES) NONE DEVELOPERS INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE ID-06I a«•.a/el ALL-PURPOSE ACKNOWLEDGEMENT ISSUED IN FOUR COUNT*RTS a NUMBER 513430S PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and LANDAU DEVELOPMENT CO, INC. , A CALIFORNIA CORP. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as project TRACT 28636 , 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 'e"` dollars ($43,367.94), 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. **FORTY THREE THOUSAND THREE HUNDRED SIXTY SEVEN AND 94/100 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 WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on JUNE 19 19_9.8. LANDAU DEVELOPMENT CO. , INC. , A CALIFORNIA CORP. DEVELOPERS INSURANCE COMPANY Principal Surety r Attorney-in-Fact MICHAEL J. LENSEL Page 2 of 2 STATE OF CALIFORNIA SS. COUNTY OF SAN BERNARDINO On JUNE 19, 1998 beforeme, MARIE T. ROUSSERE, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL J. HENSEL 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 ack=vl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ =AN USSERE their signature(s) on the instrument the person(s), or the F, 33236 IAentity upon behalf of which the person(s) acted, executed U ' ALIFORNIA O' COUNTythe instrument. Apr.9,2001 WITNESS my hand and official seal. Sijnature / /��.* ° �Ct l., !')�� -` This area fur Official Notarial Seat OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER LABOR AND MATERIALS BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL —2— A❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: JUNE 19, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NA"E OF PERSONS)OR ENTITY(IES( NONE DEVELOPERS INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE 113061 Pe .s/9( ALL-PURPOSE ACKNOWLEDGEMENT G\h D Co1=-✓1=-Lfv1P1E6 963.. s6' `a 9H C Nc;,N;�Ef6 �h,9c° 1I PO. BOX 197:25, IRVINE,CA 02623�(71,1)263-3300 N O 035977 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1999. 2. This Power of Attorney Is void if altered or if any portion Is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue Ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly Ilmaed,HDEM90 T V C©N PAMY©6=CACVFOI-IMA and;UEtl➢EV.CV'f?653 lHOU2,71CB Z QVg2,,fJY,do each severally,but not jointly,hereby make,constitute and appoint ***Gregg N. Okura, Michael J. Hensel, Marie T. Roussere, Janet L. Miller, jointly or severally*** the true and lawful AHoi noy(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undeitaltings and contracts of Suretyship in an amount not exceeding Thi cc Million Five Hundred Thousand Dollar($3,500,000)in any single undertaking,giving and granting unto said Attoi nay(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to he done in connection thei ewdh as each of said corporations could do,but mseiving to each of said corporations-lull power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following iesolutfons adopted by the respective Board of Directors of f6,7DEfCltl T OOMPAM OF CAD_9FCtIMIA and DEVELOPERS IMSURIUVCE COMPAMV,effective as of September 24,1985: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any ceriificate relating thereto by facsimile,and any Such Power of Afforney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DIDX.C.1NFI-V IMAPAMV OF CALIFORNIA and CEVELOrMG OM UEAMCE have severally caused these pieseMs to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February,1997. I MEMMV TY CMARd MV OF CALVFOfBMVl9 DfIVELOFEDS f`]SMMAMCE OCMPAMV sy `1UA y 1A � ay "Y1 _ Dent Vincenti,Jr. Dent=F.Vmcentl,Jr. 1 esident pt)DDa , resident g RI✓\ FTTEST iNal9er Crowe I Walter Crowell Sy- Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE I On February 3,1997,before me,Shane L Bell,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally(mown 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(les),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal. �,nnn S14ERIE L�BELL # 00MM.1Y1119419 Signature_ U NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm.4 Do&12,2= CECi'u 9F9CA'a G The undersigned,as Senior Vice President of IMOEt 011TV CONTYMY OF CALIF09HIA,and Senior Vice President of DEVELOPERS INSUEAMCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this I9th day of JUNE ,199 8 V 40riVl14VOTV COMPAVY OF CAUFORMIA1 DEVELOPERS INSURANCE COMPAMY N o S usU'71 u ppap BY ,�/ \• ✓ ./ / 4— GOT.c ., By \ �._. �Y=MAR L.C.Fiebiger a Isc7 ,� L C Rebiger 4{, 1979 ).a Senior Vice President oCa� S�' Senior Vice President e v^t ID-313 REV.(3/97) a CERTIFICATE OF ACKNOWLEDGMENT STATE OF California ) )ss COUNTY OF Riverside ) On July 13 , 1998 ,before me, Laura M. Gardner personally appeared TRVTN R- GEEFN ,personally known to me (oft Zetl ivs�Slt�}g�g ,k 5y;yg �; to be the persco*whose nameps) is/arx subscribed to the within instrument and acknowledged to me that helsttedhRy executed the same in his Xdt_igiiRauthorized capacity(jq§j, and that by histocdbi&signature( on the instrument the person(X, or the entity upon behalf of which the personN) acted,executed the instrument. 1N��PMiN4NMONc�NNMw�Nam LAURAM. GARDNER a COMM.81098181 WITNESS my hand and official seal. u . •°!e' NOTARY PUBLIC-CALIFORNIA � RIVERSIDE COUNTY � My Comm.Exp.May 19.2000 Signature �.�!lit %:, vim✓/.i�i«�i (Seal) LASER PRO,Rep.U.S.PaL 3T.M.OH.,Ver.025(c)19Ss CFI Pmsemces,Inc.NI sgiim reserved.[O&0210 LANDAU 4.LN R2.OVLI ISSUED IN FOUR COUNTE10TS IUM OF $1,062.00 IS FOR A OF TWO YEARS. BOND NUMBER 513431S CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and LANDAU DEVELOPMENT CO. , INC. , A CALIFORNIA CORPORATION (herein designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, date � -/d', 1¢i_'L7and identified as project TRACT 28626 is`hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. DEVELOPERS INSURANCE NOW, THEREFORE, we, the principal and COMPANY as surety, are held firmly bound unto the City of Palm Springs, hereinafter called ("City"), in the penal sum of dollars ($48,254.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,'jointly and severally, firmly by these presents. **FORTY EIGHT THOUSAND TWO HUNDRED FIFTY FOUR AND N01100 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 surety above named, on JUNE 19 1998 LANDAU DEVELOPMENT CO. , INC. , A CALIFORNIA CORPORATION DEVELOPERS INSURANCE COMPANY Principal Surety U, �� '' �'����z. Attorney-in-Fact MICH�EL J. ' HENSEL Page 2 of 2 STATE OF CALIFORNIA 55. COUNTY OF SAN BERNARDINO On JUNE 19, 1998 before me, MARIE T. ROUSSERE, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ MART T ROUSSERE her/their authorized capacity(ies), and that by his/her/ I(at COMM.#1133238 b their signature(s) on the instrument the person(s), or the U NOTARY PUBLIC-CALIFORNIA y entity upon behalf of which the person(s) acted, executed MSANBERNARDINOCOUNTY the instrument. y Comm.Expires Apr.9,2001 WITNESS my hand and official seal. Signatur This area for Qf iciai Notarial Sent OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL —2— &I ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: JUNE 19, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIreaESI NONE DEVELOPERS INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE (D-os) Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ISSUED IN FOUR COUNTEROTS PREMOINCLUDED IN PERFORMANCE BOND BOND NUMBER 513431S CIT`.0 OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and LANDAU DEVELOPMENT CO. , INC. , A CALIFORNIA CORP(hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated e 1� and identified as project TRACT 28626 is hereby referred to and ma I 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 ** dollars ($24,127.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. **TWENTY FOUR THOUSAND ONE HUNDRED TWENTY SEVEN AND NO/l0O 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 WITNESS WHEREOF, this instrument has been duly executed by the principal and s rety abo named, on JUNE 19 19 9.8. DEVELOPERS INSURANCE COMPANY Principal Surety Attorney-in-FacV MIC4EL J. HENSEL I Page 2 of 2 STATE OF CALIFORNIA SS. COUNTY OF SAN BERNARDINO On JUNE 19, 1998 beforeme, WRIE T. ROUSSERE, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ INARIE T. ROUSSERE their signature(s) on the instrument the person(s), or the F COMM.*I IJJL38 W entity upon behalf of which the person(s) acted, executed NOTARY PUBLIC-CALIFORNIA y SANBERNARDINOCOLINTy p the instrument. n My Comm.Expires Apr,9,20Of WITNESS my hand and official seal. � / / ( / f II J/ SigRahtre /�',/�/�..�i '�-1 l ;_/r i _ _--� This nrea fur Official Notarial$en! OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER LABOR AND MATERIALS BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL —2— K1 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: JUNE 19, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: PIAME OF PERSON(S)08 ENTIMIES) NONE DEVELOPERS INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE iDOSI 1,tv.6/91 ALL-PURPOSE ACKNOWLEDGEAIIENT nGr9D LC=79K,0P)6"1 Cov DEAL; 9G C; li; GOME'E` IR^ P.O.SOX 19725, HVINE,CA 92623-(714)263-3300 N 2 0 3 0 416 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. h. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,V49DFNgHtT1'COIV':RlalY OF 0.1"L FC15HIA and DEZVELOPEFIC Ir2U2Ad.0 COVI(J.n[1GTJ,do each severally,but not jointly,hereby make,constitute and appoint ***Gregg N. Okura, Michael J. Hensel, Marie T. Roussere, Janet L. Miller, jointly or severally*** the true and lawful Alforney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,underiakmgs and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars($3,500,000)in any single undertaking;giving and granting unto said Attorncy(s)-In-Fact full powis'and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but resaivine to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by'facsimile under and by authority of the following resolutions adopted by the respective Board of Direc,ors of UMPIHOM 7 f COMPAMV©P CAUV OL', A and DEVV i MSUPIi rnI1IJPANV,effective as of September2A, 1936: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relatino thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affmcd and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, CUP CALV:O`NJlA and DEVCLOPBPJC K']"UnAC7CE 03CJJ?AHV have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd clay of February,1997. MDEMNJI'V C476N2,5V19V OP GALIV RMA D2VC-LOPL""-CEE;9MOUI ACJOG UGUIRA1UY BY ��.,f.,lA�P17!.0 der rt° By `CJ —_ 4/. y, Dan[ V�ncenti,Jr. Dent q F.Vincenti,Jr. esident O//;hPAN g° resident ,5\1t5URq� w GCis fos ATTEST M o' ur ' 57 ��f�i 19 1979 �aJ( O%C/lFOPC�F� ll\\�e4(IF,0P.v�V,✓:l BY _ _��` By Walter Crowe Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 3,1997,before me,Share,L.Bell,personally appeared Dante F.Vmcenti,Jr.and Walter Crowell,personally(mown 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 capacny(ies),and that by his/her/their signaturels)on the mstrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal WERIE L.BELL r � ARY" 1119419 signatere_ � NOTARYPUBLIC-CA!lFORNIAJ ORANGE VNTY Ay Comm.E>fp.Dr-12,MIX 3c1a71Poe;nTe The undersigned,as Senior Vice President of IMUFdHi u d COMPA,NV OF CALIFORNVf1,and Senior Vice President of DEVELOPFPS IfICU['MICP C0rdP.aPSi,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the dale of this Certificate. This Certificate is executed in the City of Irvine,California,this L 9 t)_lday of JUNE 199 8 VChDEk:CSV'V'V COPIPP.PIV OF 3,111 i;'VBLOPEPJB BNSUn,'hMGE GMAPnh1V otPFA--N.r B // {• \ �v C✓' " „l—� '[/GO//pPOq��fGOaPOq,\cF`� OCT 5 Y = MAR 2%c'O'yycNN L.C.Fiebiger m las% �' L.C.Fiebiger '_' rove J�V Senior Vice President `rFogv\\^ Senior Vice President ID-313 REV.(3/97) CERTIFICATE OF ACKNOWLEDGMENT STATE OF California ) )SS COUNTY OF Riverside ) On July 13 , 1998 before me, Laura M. Gardner personally appeared TRVTNG B . GREEN , personally known to me (bi TdV£ fd}fi��nktEi'a s1�dS(Y#t j�elb�• i�elir �to be the person(g) whose nam*) islaaKsubscribed to the within instrument and acknowledged to me that hew*lhby executed the same in h ISMYUMr authorized capacity(ksA and that by hisjA(Xdb§dr signature on the instrument the person(a), or the entity upon behalf of which the person(!)acted,executed the instrument. �wo�ass�oogta LAURA M. GARDNER m ; COMM.81098181 NOTARY PUBLIC-CALIFORNIA- WITNESS my hand and official seal. RIVERSIDE COUNTY i My Comm.Ezp.May 19.2000 Signature % i�/-/r�ai //�� ����%'�"'=��-� (Seal) LASER PRO,Rep.U.S.Pat G T.M.CH.,Ver.325(e)1998 CFI ProServices,Inc.AJI rights reserved.ICAG218 LANCAU4.LN R2,OVLI ISSUED IN FOUR COUNTEWTS NUMBER 513432S PREMIUM IS FOR A TERM OF ONE YEAR PREMIUM $50.00 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION KNOW ALL MEN BY THESE PRESENTS: That We, LANDAU DEVELOPMENT CO. , INC. A CALIFORNIA CORPORATION as Principal, and DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORIA, in the sum of ** _ Dollars ($ 1,875.00 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. **ONE THOUSAND EIGHT HUNDRED SEVENTY FIVE AND NO/100 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 19TH day of JUNE 1998 LANDAU DEVELOPMENT CO. , INC. , A CALIFORNIA CORPORATION DEVELOPERS INSURANCE COMPANY Principal Surety Attorney-' Fact !Y MICHAd J. HENSEL Page 2 of 2 STATE OF CALIFORNIA SS. COUNTYOF SAN BERNARDINO On JUNE 19, 1998 before me, IIARIE T. ROUSSERE, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the persson(s), or the _ MARIE T. ROUSSERE entity upon behalf of which the person(s) acted, executed E`t COMM.#1133238 n O NOTARY PUBLIC-CALIFORNIA the instrument. In • SAN BERNARDINO COUNTY � My Comm.Expires Apr.9,20 WITNESS my hand and official seal. - Signature This/ This area or Official Notarial Sea! a OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER MONUMENTATION BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL —2— ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: — JUNE 19, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENT$PI(IES) NON E DEVELOPERS INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE )DOS( Rev.6/91 ALL-PURPOSE ACKNOWLEDGEMENT ' h uuvduvJ7 u PLO ' ["aC9D DL;MG�c71�CnE11"ri OC��C9C�f'�CJ'GSC� ���"�ES1Ca;5�.u�1�5; P.O.BOX 19725,IRVINE,CA 92623°(714)263-3300 N°. 035970 NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March,1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal Is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,H H)l:N1NVTV COMP:AuEV UP CALEFCP IA and©CVBLOPCr7S kNSM16DAHC=C4JC 7Na'1C7V,do each severally,but not jointly,hereby make,constitute and appoint ***Gregg N. Okura, Michael J. Hensel, Marie T. Roussere, Janet L. Miller, jointly or severally*** the true and lawful Alorney(s)-In-Fact,to risks,execute,deliver and acknowledge,for and on behalf of said corporations as surebes,bonds,undertakings and contracts of suretyship in an amount not e;;ceeding Three Million Five Hundred Thousand Dollars($3,EOO,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authony I o do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-In-Fact,pursuant to those presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INIDFMKITC COMPAVNV OF CAE_EFORlGA and DGVECO?FES 6NSUPANCE COMPANY,effective as of September 24,1930: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and Lhat each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to eeecure,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be off wed to any such Power of Attorney or to any cemficate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with inspect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,K. DE'PAHf d a COMPA)W OF OHi and DEVf21LOPBC?S H349GB€1NCE CtiAV1/7PAVhV have severally caused these presents to he signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February,1997, ENDOANBTV COMPANY CF CALEF1OnNI A DEVELOPERS ENSU[1410E COMPA1N3 By "S:/Rt� icenri,QQ y,yl^ Gy i✓ ifilAti,Jr. V/ Dan[ .Vincenti,Jr. rl Danl=,F.Vincenti,Jr. asident ¢pPONV 2residenC \ttSURgp;� ti�Pp Oq OF IIII// (4P gC R 27'(Y i VO of y. 4/G , s- OCT5 0- ATIESI �` MAR 2] 1979 By .�. By \,=.,.� Walter Crowe Waller Crowell Secretary Secretary STATE OF CALIFORNIA I )SS COUNTY OF ORANGE I On February 3,1997,before me,Sherie L Bell,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons)whose bamcls)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sarne 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 paranoia)acted,executed the instrument WITNESS my hand and official seal _ n n a Z SHEHIE L.BELL Signature � NOTARY PUBLIC-CAI.IFORNIA� ORANGE COUNTY Ay comm.Ev,DK 12,=1= CERTIFICATE The undersigned,as Senior Vice President of INDEPAH r C®MPANV CF CAL17OC3MIA,and Senior Vice President of DEVELOPERS ENOA.Er;ANCE COMPAMY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 19 th day of .TUNE ,199 8 HNYJL`JINH'¢V'COMPANV or CAE9ErdffikNEA DEVELOPE kS ENM rVA110E CO:UEPANV ,/ �p ANp y�� -�pN >�Q.POflR n <PO�POR.�CF By 5 \._ f.�' "�� ! r/G OCT5 ���, By e MAR 21 L.C.Rebiger �Y 1267 L.C.Fiebiger °1 t979 o\\\ Senior Vice President 45,7pFot�Nvv-? Senior Vice President Iroto, V ID-313 REV(3/97) 0 CERTIFICATE OF ACKNOWLEDGMENT STATE OF California ) :cs COUNTY OF Riverside ) On July 13 , 1998 ,beforeme, Laura M. Gardner personally appeared IRVIN B. GREEN , personally known to me to be the persor&) whose name(qk is&4@ subscribed to the within instrument and acknowledged to me that he(&&tW executed the same in his/KeAt�,ge authorized capacity kW, and that by his/I2gkUpielt signature*j on the instrument the persorft or the entity upon behalf of which the person(4 acted,executed the instrument. LAURAM. GARD R COMM.81098181 NOTARY PUBLIC-CALIFORNIA f ' RIVERSIDE COUNTY WITNESS my hand and official seal. My Comm.Exp.May 19,2000 ���as�,saue Signature (Seal) LASER PRO,Reg.U.S.Pat.A T.M.Off.,Ver.325(c)1998 CF1 PmSmIces,Inc.NI dghL resemd.ICA-C210 LANUAU4.LN R2.OVLI