HomeMy WebLinkAboutA3988 - SOUTHLAND TM 26364-2 SUBDIV IMPROV Southland Group
Subdivision Improvement Agr.
TN26364-2
AGREEMENT #3988
Subdivision Improvement Agreement CM Signed, 6-24-98
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this �Y day of , 199�7by and between the CITY OF PALM SPRINGS,
a municipal corporation or the State of California ("CITY"),and Southland Group `
("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract No. 26364-2 in the City of Palm Springs, County of Riverside, State of
California (the "Property"). The map contains conditions of approval for the
development of the Property (the "Conditions").
B. Pursuant to the Conditions, Subdivider, by the Map, has offered
dedication to City the easements shown on the Map as Lot(s) "A, B AND C". City
desires to accept the easements shown on the Map as Lot(s) "A, B AND C" for
emergency use and utilities, and certain other improvements described in this
Agreement.
C. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement" (as
hereinafter defined) which are required to be constructed and installed in order to
accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of
Improvement pursuant to this Agreement and its offer of dedication of the streets,
easements and other improvements and facilities, as shown on the Map, are a
material consideration to City in approving the final map for the Property and
permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1 . Construction Obligations.
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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
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(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 $ 231 ,477.00.
1 .2 Other Obligations Referenced in Conditions of Tentative Map
Approval. In addition to the foregoing, Subdivider shall satisfy all of the
conditions of approval on the tentative map for the Property. The conditions of
approval which have not been satisfied prior to the date of this Agreement are
identified on Exhibit "A" hereto.
1 .3 Intent of Plans. The intent of the Plans referenced in Section 1 .1
is to prescribe a complete work of improvement which Subdivider shall perform
or cause to be performed in a manner acceptable to the City Engineer (or
his/her designee) and in full compliance with all codes and the terms of this
Agreement. Subdivider shall complete a functional or operable improvement or
facility, even though the Plans may not specifically call out all items of work
required for the contractor to complete its tasks, incidental appurtenances,
materials, and the like. If any omissions are made or information necessary to
carry out the full intent and meaning of the Plans, Subdivider or its contractor
shall immediately notify its design engineer who will seek approval of the City
Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall
be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All
authorized alterations affecting the requirements and information given on the
Plans shall be in writing and approved by the City Engineer. The Plans shall be
supplemented by such working or shop drawings as are necessary to
adequately control the work. Without the City Engineer's prior written approval,
no change shall be made by Subdivider or Subdivider's contractor to any plan,
specification, or working or shop drawing after it has been stamped as
approved.
1 .4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance
with the provisions of the State Subdivision Map Act and the Subdivision
Ordinance of the City of Palm Springs. Subdivider shall provide security for
such obligation as provided in Section 4.1 (a)(iii) and, after setting the
monument(s), Subdivider shall furnish the City Engineer of the City of Palm
Springs written notice of the setting of said monument(s) and written proof of
having paid the engineer or surveyor for the setting of said monument(s).
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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 makes no representation or warranty, express or implied,
to Subdivider or to any other person regarding the adequacy of the Plans or
related documents.
1 .9 Authority of the City Engineer. In addition to the authority granted
to the City Engineer elsewhere in this Agreement, the City Engineer shall have
the authority to decide all questions which may arise as to the quality and
acceptability of materials furnished and work performed, and all questions as to
the satisfactory and acceptable fulfillment of the terms of this Agreement by
Subdivider and Subdivider's contractor.
1 .10 Documents Available at the Site. Subdivider shall cause its
contractor to keep a copy of all approved Plans at the job site and shall give
access thereto to the City's inspectors and engineers at all times.
1 .11 Inspection. Subdivider shall have an authorized representative on
the job site at all times during which work is being done who has full authority
to act for Subdivider, or its design engineer, and Subdivider's contractor(s)
regarding the Works of Improvement. Subdivider shall cause its contractor to
furnish the City with every reasonable facility for ascertaining whether or not
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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 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.
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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.
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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.
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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 $231 ,477.00
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 $115,739.00 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 $2,850.00 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
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Subdivision Improvement Agreement
$22,385.00 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 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
(d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be
required to be made (and, with respect to bonds, litigation shall be
required to be instituted and maintained) in the City of Palm
Springs, State of California (and the Security Instrument shall so
provide).
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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
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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
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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
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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.
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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.
a
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Subdivision Improvement Agreement
/ ClCity
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Dated:
By:
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"Subdivider"
Address
C)aj� l�IZ6LIo 311 ��,.
17
State Of Cali focrija RIGHT THUMBPRINT(Optional)
County of Orange
On Apri 1 28,19AR before me, Kathleen Lumary iE
(GATE) (NAME/TITLE OF OFFICER i.e:JANE DOE,NOTARY PUBLIC') o
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personally appeared B.J. Bird
(NAME(SI OF SIGNER(SI)
CAPACITY CLAIMED BY SIGNER(S)
❑INDIVIDL IS)
$(CORPORATE
El personally
President
personally known to me -OR- ❑ proved to me on the rrint9l
basis of satisfactory ❑PARTNER(S) ❑LIMITED
evidence to be the ❑GENERAL
person(s) whose name(s) []ATTORNEY IN FACT
Is/are subscribed to the OTRUSTEE(S)
within instrument and ❑GUARDIAN/CONSERVATOR
acknowledged to me that ❑OTHER:
he/she/they executed the
KATHLEEN LUMARY same in his/her/their
COMM.#1105458 n authorized capacity(ies), SIGNER IS REPRESENTING:
Notaryy n Public California and that by his/her/their (Name of Persos)or Entity(ies)
GRANGE CONNTY signature(s) on the
WCOBIdNInE>g1.7/110) instrumentthepers0n(s),
or the entity upon behalf
of which the persons)
acted, executed the instrument. RIGHT THUMBPRINT(Optional)
Witness my hand and official seal.
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(SEAL) o
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(SIGNATURE F NOTARY)
CAPACITY CLAIMED BY SIGNERIS)
DINDIVIDUAL(S)
❑CORPORATE
ATTENTION NOTARY
OFFICER(S)
The information requested below and in the column to the right is OPTIONAL. 'T'TLEsl
Recording of this document is not required by law and is also optional.
'It could, however, prevent fraudulent attachment of this certificate to.any ❑PARTNER(S) ❑LIMITED
unauthorized document. ❑GENERAL
❑ATTORNEY IN FACT
THIS CERTIFICATE Tale or Type of Document Subdivision Improvement Agreement ❑TRUSTEE(S)
MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages 17 Date of Document 4-28LL ❑OTHER:
DESCRIBED AT RIGHT:
Siuner(s)Other Than Named Above
SIGNER IS REPRESENTING:
blame of Persons)or Entity(ies)
WOLCOTTS FORM 63240 Rev.3.94 Ipnce sl.—8-$A) �)1994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATICNR O FINGERPRINTS
7 IIIIII77 IIIII I IIIII0 18
Subdivision Improvement Agreement
EXHIBIT "A"
CONDITIONS OF TENTATIVE MAIP APPROVAL APPLICABLE TO TRACT 26364-2
PHASE 2, OF THE PROJECT
STREETS
1. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit. Work shall be allowed according to Resolution 17950 -
Restricting Street Work on Major and Secondary Thoroughfares.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plans 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. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required by
these conditions.
SUNRISE WAY NORTH
4. Dedicate a 25 foot wide easement for landscape, sidewalk and bicycle path purposes
along the entire frontage.
8. Construct a 10 foot wide meandering combination sidewalk and bicycle path along
the entire SUNRISE WAY NORTH frontage. The construction shall be with
colored Portland Cement concrete. The admixture shall be Palm Springs Tan,
Desert Sand, or approved equal color by the Engineering Division. The concrete
shall receive a broom finish.
10A. Developer shall reimburse the City of Palm Springs for the cost of construction of
curb, gutter, ac pavement, and associated striping and signage, if the City is under
contract to construct or has completed construction in Sunrise Way North and
Racquet Club Road prior to issuance of building permit for each related
development phase.
2
• 0
Subdivision Improvement Agreement
PASEO DE ANZA
17. Construct a 6 inch curb and gutter, 18 feet EAST of centerline along the entire
frontage, with a 25 foot radius curb return at the intersections of the on-site streets
and a 35 foot radius curb return at the NORTHWEST AND SOUTHWEST corners
of the subject property per City of Palm Springs Standard Drawing No. 200.
19. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
20. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
22. Construct pavement with a minimum pavement section of 2-1/2 inch asphalt
concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 300. The pavement section shall be designed, using
"R" values, by a licensed Soils Engineer and submitted to the City Engineer for
approval.
ON-SITE STREETS
30. Full-street right-of-way is required to an ultimate width of 50 feet and shall be
offered via an irrevocable offer of dedication to the City of Palm Springs, together
with a property line - corner cut-back at the intersections of all streets. Acceptance
of the right-of-way shall be at such time as the ultimate roadway improvements are
accepted by the Director of Public Works.
31. Construct a 6 inch curb and gutter, 18 feet on both sides of centerline along the
entire frontage, with a 25 foot radius curb return at all intersections per City of
Palm Springs Standard Drawing No. 200.
32. Construct a 6 foot cross gutter and spandrel at the intersection of LORENA WAY,
and SHANNON WAY with a flow line parallel to the centerline of SHANNON
WAY in accordance with City of Palm Springs Standard Drawing No. 200.
33. 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.
34. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
3
• 9
Subdivision Improvement Agreement
35. Construct a curb ramp meeting current California State Accessibility standards ON
BOTH SIDES OF ALL INTERSECTIONS per City of Palm Springs Std. Dwg.
Nos. 212 and 212A.
36. Construct pavement with a minimum pavement section of 2-1/2 inch asphalt
concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 300. The pavement section shall be designed, using
"R" values, by a licensed Soils Engineer and submitted to the City Engineer for
approval.
SANITARY SEWER
37. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
Televise (color) existing sewer main prior to and after lateral compection.
39. Developer shall construct an 8 inch sewer main 5 feet cast of parallel to the
centerline of Paseo de Anza from 80 feet south of the intersection of Racquet Club
Road East and Paseo de Anza and connect to the existing sewer manhole at the
intersection of Paseo de Anza and Via Escuela.
40. Developer shall construct 8 inch sewer mains 5 feet from and parallel to the
centerline of Lorena Way and Shannon Way. These sewer mains shall connect into
the 10 inch sewer main to be extended 130 feet in Sunrise Way North from the
existing manhole in the intersection of Via Escuela and Sunrise Way North in
accordance with the Master Plan of Sewers.
42. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plans shall be approved by the City Engineer prior to
issuance of any grading or building permits.
Minimum submittal shall include the following:
A. Copy of signed Conditions of Approval from Planning Department.
B. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required by
these conditions.
4
• 0
Subdivision Improvement Agreement
C. Sewer Study/Report, IF required by these conditions.
GRADING
43. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is
required. If required, the Grading Plan shall be prepared by a Registered
Professional and submitted to the Engineering Division for plan check. Grading plan
shall be submitted to the Planning Department for comments prior to submittal to
the Engineering Division. The Grading Plan shall be approved by the City Engineer
prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copy of final Planning Department comments.
B. Copy of signed Conditions of Approval from Planning Department.
C. Copy of Site Plan stamped approved and signed by the Planning
Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report, IF required by these conditions.
F. Copy of Hydrology Study/Report, IF required by these conditions.
G. Copy of the General Construction Activity Storm Water Permit from the
State Water Resources Control Board (Phone No. 916 657-0687) to the City
Engineer prior to issuance of the grading permit.
44. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and
6" deep - to keep nuisance water from entering the public streets, roadways, or
gutters.
45. Developer shall obtain a General Construction Activity Storm Water Permit from
the State Water Resources Control Board (Phone No. (916)-657-0687) and provide
a copy of same, when executed, to the City Engineer prior to issuance of the
grading permit.
46. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the
developer shall post with the City a cash bond of two thousand dollars ($2,000.00)
per acre for mitigation measures of erosion/blowsand relating to his property and
development.
5
• 0
Subdivision Improvement Agreement
47. A soils report prepared by a licensed Soils Engineer shall be required for and
incorporated as an integral part of the grading plan for the proposed site. A copy of
the soils report shall be submitted to the Building Department and to the
Engineering Division along with plans, calculations and other information subject to
approval by the City Engineer prior to the issuance of the grading permit.
DRAINAGE
48. The developer shall demonstrate, to the satisfaction of the City Engineer, that this
development can accept and convey to an approved drainage carrier, flood and/or
nuisance waters from a 10-year storm that impinge upon this development. The
development shall provide on-site storage (detention facility) to retain a minimum of
1,000 cubic feet per each acre of drainage area. Predevelopment Q shall not be
exceeded. The developer shall demonstrate, to the satisfaction of the City Engineer,
that flood and/or nuisance waters leaving the ends of the street(s) will not cause ally
erosion, nuisance or damage downstream of the improvements proposed and/or
required by this development. Additional improvements will be required off-site if
any possibility of damage exists.
50. The project is subject to flood control and drainage implementation fees and/or
construction of drainage facilities according to the approved Master Plan of Flood
Control and Drainage. Validated costs incurred by the developer for design and
construction of storm and/or drainage improvements adjacent to such development
as shown in said Master Plan shall be credited toward the drainage fee otherwise
due or in the event such cost exceeds the fee otherwise due, the City will enter into
a reimbursement agreement with developer to reimburse him for such excess costs
from drainage fees collected from other development. The acreage drainage fee at
the present time is $ 6,511.00 per acre per Resolution No. 15189. This condition
shall be complied with, to the satisfaction of the City Engineer, prior to filing any
final map or issuance of the building permit.
ON-SITE
51. All centerline radii shall be constructed in accordance with City of Palm Springs
Std. Dwg. No. 104.
52. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 101, curb portion only.
GENERAL
6
Subdivision Improvement Agreement
53. Any utility cuts in the existing off-site pavement made by this development shall
receive trench replacement pavement to match existing pavement plus one additional
inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be
restored to a smooth rideable surface.
54. All existing and proposed utility lines that are less than under 35 kV on/or adjacent
to this project shall be undergrounded. The location and size of the existing
overhead facilities shall be provided to the Engineering Division along with written
confirmation from the involved utility company(s) that the required deposit to
underground the facility(s) has been paid, prior to issuance of a grading permit.
All undergrounding of utilities shall be completed prior to issuance of a Certificate
of Occupancy.
55. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line. The
approved original grading/street plans shall be as-built and returned to the City of
Palm Springs Engineering Division prior to issuance of the certificate of occupancy.
56. The developer is advised to contact all utility purveyors for detailed requirements for
this project at the earliest possible date.
57. Nothing shall be constructed or planted in the corner cut-off area of any street
intersection or driveway which does or will exceed 30 inches in height in order to
maintain an appropriate sight distance.
58. All trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm
Springs Engineering specifications.
MAP
59. The Title Report prepared for subdivision guarantee for the subject property and the
traverse closures for the existing parcel and all areas of right-of-way or easement
dedication shall be submitted to the City Engineer for review and approval with the
Grant Deed.
60. The existing lots or parcels shall be divided. The developer shall submit a Final
Map prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to
flee Engineering Division. This condition shall be complied with before issuance of
grading or building permits.
7
Subdivision Improvement Agreement
TRAFFIC
61. 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 SUNRISE WAY NORTH, PASEO DE ANZA,
LORENA WAY, and SHANNON WAY frontages of the subject property.
62. The developer shall replace all damaged or destroyed traffic control devices and
provide any new traffic control devices required by the City Engineer on the
SUNRISE WAY NORTH frontage prior to issuance of a Certificate of Occupancy.
63. Separate striping plans are to be prepared and submitted along with street
improvement plans for review and approval by the City Engineer.
66. Street name signs shall be required at each intersection in accordance with City of
Palm Springs Standard Drawing Nos. 620 through 625.
67. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be
installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following
locations:
SW Cor. Loren Way @ Shannon Way
69. "No Parking" signs and curb delineation for no parking shall be installed along the
entire Sunrise Way North frontage.
70. 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 WORD
ZONES" dated 1990, or subsequent additions in force at the time of construction.
71. This property is subject to the Transportation Uniform Mitigation Fee based on the
RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use.
8
CITY OF PALM SPRINGS
BONDS ARE EXECUTED IN WITHFUL PERFORMANCE BO* BONA: 150 40 72
FOUR(4) ORIGINAL COUNTERPARTS. PREMIUM $ 5,130.00
WHEREAS, the City Council of the City of Palm Springs; State of California, and
SOUTHLAND GROUP (herein designated as "Principal") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, date'-�u�� `(., 19*?and identified as project Tract}ztap No.
26364-2 , is hereby referred to and made a pit hereof; and
WHEREAS, Principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and INSURANCE COMPANY OR THE WEST as surety. are
held firmly bound unto the City of Palm Springs, (hereinafter called "City"), in the penal sum of
Two Hundred Thiry One Thousand Four Hundred Sevety Sevea dollars ($231 47i.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.
The condition of this obligation is such that if the above bounded principal, his or its heirs,
executors, administrators, successors or assigns, shall in ah 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 tlleir 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 Citv in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and ,agrees that no change, extension of time; alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond; and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the agreement or to the work or to the specifications.
Page 1 of 2
'
Faithful Performance Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on April 24 , 1998
INSURANCE COMPANY OF THE WEST
Principal Suret
Attorney-in-Fact, DONALD ROOF
Page 2 of 2
State of Cal ifornia RIGHT THUMBPRINT(Optional)
County of Orange
On April 2B,1 qqA before me, Kathleen Lumary €
0
(DATE) INAM ElrITLE OF OFFICER-Le MANE DOE,NOTARY PUBLIC-1 0
personally appeared B-J. Bird
(NAME(SI OF SIGNERISII
CAPACITY CLAIMED BY SIGNERS)
❑INDIVIDUAL(S)
WICORPORATE
® personally known to me -OR- El roved
President
proved to me on the Rlntsl
basis of satisfactory ❑PARTNER(S) ❑LIMITED
evidence to be the ❑GENERAL
person(s) whose name(s) OATTORNEY IN FACT
Is/are subscribed to the OTRUSTEE(S)
within instrument and ❑GUARDIAN/CONSERVATOR
acknowledged to me that ❑OTHER:
he/she/they executed the
same in his/her/their
authorized capacity(ies), SIGNER IS REPRESENTING:
KATHLEEN WMARY and that by his/her/their (Name of Parson(s)or Entity(ies)
7 ° COMM.#1105458 D signature(s) on the
cc "� Nato Public Celifamia
4 � GRANGE COUNTY ' instrument theperson(s),
WComiltA nExp.7111M or the entity upon behalf
of which the person(s)
acted, executed the RIGHT THUMBPRINT(Optional)
instrument.
Witness my hand and official seal.
3
a
(SEAL) / `o
r
(S IGNAT F NOTARY)
CAPACITY CLAIMED BY SIGNERS)
❑INDIVIDUAL(S)
❑CORPORATE
ATTENTION NOTARY
OFFICERS)
The information requested below and in the column to the right is OPTIONAL. (TI'tEl
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any CIPARTNERIS) ❑LIMITED "
unauthorized document. ❑GENERAL
❑ATTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document Faithful Performance Bond EITRUSTEE(S)
MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages 2 Date of Document 4-24-98 ❑OTHER:
DESCRIBED AT RIGHT:
Signer(a)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Persons)or Entitylies)
WOLCOTTS FORM 83Y40 Ray.3-84(pace drag a-YAI �1994 WOLCOTT9 FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/rW0 FINGERPRINTS
7 III67775
63240 8
CALIFORNIA ALL-PURPOS*KNOWLEDGMENT •
State of California
County of Orange
On April 24, 1998 before me, Angela H. Albright, Notary Public
DATE NAME.TITLE OF OFFICER-E G. JANE DOE.NOTARY PUBLIC
personally appeared Donald Roop
NAME(S)OF SIGNERS)
personally known to me - OR - ❑ p AiDxma=Atm S"SkEltowaukkanm
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
ANGELAH.ALBRIGHT capacity(ies), and that by his/her/their
COMM. #1018075 x
NOTARY PueLlc•cwFoRran signature(s) on the instrument the person(s),
ORAWEGWNTY or the entity upon behalf of which the
WGDmm Exp.Apd27, 1W8 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTA
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 FAITHFUL PERFOPMANCE BOND
❑ CORPORATE OFFICER 150 40 72 — SOUTHLAND GROUP
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL TWO(2)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: April 24, 1998
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) not stated
Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
Insurance (company of the West
HOME OFFICE:SAN DIEGO,CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST, a California Corporation,does hereby appoint:
DONALD ROOP
its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings,and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company, and each of
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the
Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company;
provided however,that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and
seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this
13th day of March 1998 .
cc
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA 4L. Han , Executive Vice President
SS.
COUNTY OF SAN DIEGO
IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or
have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122.
Jerry FafauY I Jani heodore
CERTIFICATE:
I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a true copy, is still in full force and effect., and that this certificate may be signed by facsimile under the authority of the above
quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this Zgth day of April 19 98
- . cEcox.rANraF INSURANCECOMPANY OF THE WEST
Ep f
- � 4NRcxLN1�'
Yo'4nH.qra
t Secretary
ICW 37
• CITY OF PALM SPRINGS 40
BONDS ARE EXECUTED IN LABOR AND MATERIALS BOND BOND# 150 40 72
FOUR(4) ORIGINAL COUNTERPARTS. PREMIUM IS INCLUDED IN
THE PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs; State of California, and
SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated to be determined 19_; and identified as project Tract
Map NQ 26364-2, 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 0£ 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 One Hildred Fifteen Thousand Seven Hundred Thirty Niue
dollars ($JljJ39.00 , 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 tasted 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 WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on APr i za f9a_a
INSURANCE COMPANY OF THE WEST
Principal Surety
Attorney-in-Fact, DONALD ROOF
Page 2 of 2
CALIFORNIA ALL-PURPOSFWKNOMFLEDGMENT
State of California
County Of Orange
On April 24, 1998 before me, Angela H. Albright, Notary Public
DATE NAME TITLE OF OFFICER E.G JANE DOE NOTARY PUBLIC'
personally appeared Donald Rcap
NAME(S)OF SIGNERIS(
F personally known to me - OR - ❑ p�ouX s�rx �� xsafisx�atdss�
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
ANCiELAH.ALBRIOHT ( capacity(ies), and that by his/her/their
COMM. #1018075 signature(s) on the instrument the person(s),
"°T ECOU A � or the entity upon behalf of which the
MyCmm EXP.Apd27, 1W8 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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 LABOR AND MATPRTATS BOND
❑ CORPORATE OFFICER
150 40 72 — SOUTFII.111v'D GROUP
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL TW0(2)
CXI ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: April 24, 1998
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) not stated
Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
State of Cal i fnrni a RIGHT THUMBPRINT(Optional)
County of Orange
On Apri 1 2R.199R before me, Kathleen Lumary
(DATE) (NAMEITITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC-) i
0
personally appeared B.J. Bird
INAMEISI OF SIGNER(Sa
CAPACITY CLAIMED BY SIGNER(S)
[]INDIVIDUAL(S)
POCORPORATE
OFFICER(S) President
Rl personally known to me -OR- El roved to me on the RHLES)
Mls of satisfactory ❑PARTNERIS) ❑LIMITED
evidence to be the ❑GENERAL
person(s) whose name(s) ❑ATTORNEY IN FACT
is/are subscribed to the ❑TRUSTEE(S)
within instrument and DGUARDIAN/CONSERVATOR
acknowledged to me that []OTHER:
he/she/they executed the
same in his/her/their
KATHLEEN LUMARY authorized capacity(ies), SIGNER IS REPRESENTING:
�, ° COMM.H 1105458 r and that by his/her/their (Name of Peraon(a)orEntlty(ie.)
rs : + Notar¢¢PublicCalifornia U) signature(s) on the
a , . ORRECOUNTY instrumenttheperson(s),
*Canna knE%pXI1M or the entity upon behalf
of which the persons)
acted, executed the instrument. RIGHT THUMBPRINT(Optional)
Witness my hand and official seal.
(SEAL) �j o
o
(SIGNATQPt OF NOTARY)
CAPACITY CLAIMED BY SIGNERS)
[]INDIVIDUAL(S)
❑CORPORATE
ATTENTION NOTARY
OFFICER(S)
The information requested below and in the column to the right is OPTIONAL. nriT S)
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any DPARTNER(S) ❑LIMITED
unauthorized document. []GENERAL
[]ATTORNEY IN FACT
THIS CERTIFICATE Trtle or Type of Document Labor & Material Bond OTRUSTEE(S)
MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR
TO THE DOCUMENT Numberaf Pape. 2 Date of Document 4-24-98 []OTHER:
DESCRIBED AT RIGHT:
Signers)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Per.an(.) or Entity(iea)
WOLCOTTS FORM 63240 Rev.3 94 (Price el.aa 8-2A) C)1994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIRFPRESENTATION/rWO FINGERPRINTS
7 IIIIIII77 III I III I0 18
BANDS ARE EXECUTED IN FOUR(4) ORIGINAL COUNTERPARTS. BOND# 150 40 72-M• CITY OF PALM SPRINGS PREMIUM IS INCLUDED IN THE
BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and
SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated to be determined , 19_, and identified as Project Tract
Map�io. 26364-2, is hereby referred to and made a part hereof, and
WHEREAS. Principal is required under the terms of said Agreement to maintain and
guarantee the costs or repair and/or replacement of defective materials or defective workmanship in
such improvements, which guarantee shall remain in effect for a period of one (1) year from date of
acceptance of work by the City of Palm Springs (hereinafter called "City'), and to furnish a bond
for the faithful performance of said Agreement and the payment of all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of any such maintenance
and warranty work.
WHEREAS, Principal has completed said work and the City has accepted, or substantially
concurrently herewith is accepting, said work, subject to the requirement of delivery of this
obligation.
NOW THEREFORE, we, the Principal. and INSURANCE COMPANY OF THE WEST as surety,
are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen,
and other persons employed in the performance of the aforesaid Agreement, for one (1) year from
and after the date of completion and acceptance of said work, in the penal sum of Jwenty two
Thousand. Three Hundred Eighty-five, DOLLARS ($22.385.001, lawful money of the United
States, for replacement and repair of ;any and all defective materials or defective workmanship
within said improvements, and the payment of all materials furnished or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Act with respect to such work or labor in
connection with any such maintenance or warranty, that said surety will pay the same in an amount
not exceeding the amount hereinabove set forth, for the payment of which sum well and truly to be
made, Nye bind ourselves, our heirs, successors, executors and administrators, jointly and severally,
firmly by these presents.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code; so as to give a right of action to them or
their assigns in any suit brought upon this bond.
The condition of this obligation is such that if the above bonded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by. and well
and truly keep and perform the covenants, conditions and provisions in the said Agreement
Page I of 2
respecting the repair and replacement of defective workmanshioid martials thereof made as
therein provided, on his or their part to be kept and performed at the time and in the mangier therein
specified, and in all respects save harmless the City of Palm Springs, its officers, agents and
employees, as therein stipulated, then this obligation becomes null and void: otherwise it shall be
and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees_ including reasonable
attornev's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time. alteration or
addition to the terms of the Agreement or to die work to be performed thereunder or die
specifications accompanying the same sliall in anyway affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time. alteration or addition to the terms
of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety
above named, on April 24_, 1538.
INSURANCE COMPANY OF THE WEST
rriticipal Su .
Attorne} tti l c3Ct DONALD ROOP
Page 2 of 2
CALIFORNIA ALL-PURPOS KNOWLEDGMENT
State of California
County of orange
On April 24 1998 before me, Angela H. Albright, Notary Public
DATE NAME.TITLE OF OFFICER-E G.. JANE OOE.NOTARY PUBLIC'
personally appeared Donald Roop
NAMEtS)OF SIGNER(S)
personally known to me - OR - ❑ pax orac� x�fxsa�sstarxea �
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
,.., ANGELAH.ALBRIG capacity(ies), and that by his/her/their
COMM.#101807E
NOTARYPUBu6-CAUFORNIA signature(s) on the instrument the person(s),
Of1AN6E0DUNTY or the entity upon behalf of which the
My Comm ESP.A 11 27, 1998
person(s) acted, executed the instrument.
WITNESS my hand and official seta]..
SIGNATURE OF NOTARY
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
MAINTENANCE AND V92RANTY OF
❑ INDIVIDUAL IMPROVEMENTS
❑ CORPORATE OFFICER 150 40 72m SOUMLAND GROUP
_ TITLE OR TYPE OF DOCUMENT
ITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL TWO(2)
CXI ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: April 24 1998
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) not stated
Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
r
State Of California RIGHT THUMBPRINT(Optional)
County of orange
On April 2A,19QA before me, Kathleen Lumary IS
0
(DATE) (NAMElTITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC')
`o
r
personally appeared B.J. Bird
INAME(S)OF SIGNERMI
CAPACITY CLAIMED BY SIGNERS)
❑INDIVIDUAL(S)
CORPORATE
OFFICER(S) President
® personally known to me -OR- El roved to me on the UITLES)
basis of satisfactory ❑PARTNER(S) ❑LIMITED
evidence to be the ❑GENERAL
person(s) whose name(s) ❑ATTORNEY IN FACT
Is/are subscribed to the ❑TRUSTEE(S)
within instrument and ❑GUARDIAN/CONSERVATOR
acknowledged to me that ❑OTHER:
he/she/they executed the
same in his/her/their
a KA7WL@EN LUMARY authorized capacity(iesl, SIGNER IS REPRESENTING:
n . CONAM.A 1105458 03 and that by his/her/their (Name of Personld or Ent ty(ie.)
= . Na ry uhlicceliarmt m signature(s) on the
�AANGECOON Y
9 NyG,mnhaalFam,7ntua instrumenttheperson(s),
or the entity upon behalf
of which the persons)
acted, executed the RIGHT THUMBPRINT(Optional)
instrument.
Witness my hand and official seal.
0
(SEAL) �
(SIGNAT OF NOTARY) o
CAPACITY CLAIMED BY SIGNERS)
❑INDIVIDUAL(S)
❑CORPORATE
ATTENTION NOTARY
OFFICERB)
The information requested below and in the Column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED
unauthorized document. ❑GENERAL
❑ATTORNEY IN FACT
THIS CERTIFICATE Trcle or Type of Document Maintenance & Warranty of Improv. ❑TRu$TEE(s)
MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages 2 Date of Document 4-24-98 ❑OTHER
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Persons)or Entity(iec)
WOLCOTTS FORM 63240 Ra,.3-94(,nce clue 6-2A) C1994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
7 IIIIII77 I III I III)III I II 8
CITE' OF PALM SPRINGS
BOND FOR FAIT14FUL PERFORMANCE, LABOR, AND MATERIALS
FOR SEI FING OF MONUMENTS
BOND# 150 40 73
BONDS ARE EXECUTED IN PREMIUM $100.00 (minimum)
FOUR(4) ORIGINAL COUNTERPARTS.
WHEREAS, the City Council of the City of Palm Springs, State of California, and
SOUTHLAND GROUP (hereinafter designated as "Principal") have entered into or
are about to enter into, an agreement whereby Principal agrees to set certain survey monuments,
which said agreement, dated n� '� , J 9lJ and identified as Project Tract Map No. 26364-
is hereby referred to and made a part 'hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond
for the faithful performance of said Agreement and the payment of the engineer or surveyor for the
setting of said monuments.
NOW THEREFORE, we, the Principal, and INSURANCE COMPANY of THE WEST as surety,
are held and firmly bound unto the City of Palm Springs (hereinafter called "City"), and all
contractors, subcontractors, laborers. materialmen, and other persons employed in dte performance
of the aforesaid Agreement with respect to Cie setting of monuments, in the penal sum of Two
Thousand Eight Hundred Fifly DOLLARS ($2 8. 50.00), lawful money of the United States, for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, and for the completion of said setting of
monuments, that said surety will pay the same in an amount not exceeding the amount hereinabove
set forth for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
It. is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persor s, 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
aleir assigns in any suit brought upon dtis bond.
The condition of this obligation is such that if the above bonded Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in the said Agreement
respecting the setting of monuments and anv alteration thereof made as therein provided, on his or
their part to be kept and performed at the time and in the matuler therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save harmless the City
of Palm Springs, its officers, agents and employees, as therein stipulated, and shall have provided
to the City evidence that the engineer or surveyor. and all said contractors, subcontractors, laborers,
materialmen, and other persons employed in the performance of die aforesaid Agreement with
Page 1 of 2
respect to the setting of mments, have been paid for the s*g of monuments, then this
obligation becomes null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to die face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety ,hereby stipulates and agrees that no change. extension of time, alteration or
addition to die terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been executed by the Principal and surety
above named, on April 24 _f 1998,
INSURANCE COMPANY OF TH WEST
Principal Su tv r,
Attorney-in-Fact, DONALD ROOP
Page 2 of 2
CALIFORNIA ALL-PURPOSOCKNOWLEDGMENT
State of California
County Of orange
On April 24., 1998 before me, Angela H. Albright, Notary Public
GATE NAME TITLE OF OFFICER-E G JANE DOE.NOTARY PUBLIC"
personally appeared Donald Roof
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ �asasrtx �Daax� sHgs¢ x�aid
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
ANQ�LAH AhBRI�F capacity(ies), and that by his/her/their
., COWIM. �k1018U�G signature(s) on the instrument the person(s),
> -� 1,, riara�rauaua•cnuFA or the entity upon behalf of which the
Q �r'a"mm?;. ORANQECWNTI'
MyComrnExp.Apr127, fGD person(s) acted, executed the instrument.
WITNESS my hand and official seal.
_��661 jV. a&a4
SIGNATURE OF NOT V
Y
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 BaID FOR FAITHFUL PERFORMANCE, LABOR
❑ CORPORATE OFFICER & MATERIALS FOR SETTING OF YiONU1=S
150 40 73—SOUTH AND GROUP
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL TWO(2)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: APRIL 24, 1998
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) not stated
Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
State of California RIGHT THUMBPRINT(Optional)
County of Orange
On April 28,19AR before me, Kathleen Lumary €
(DATE) (NAMETITLE OF OFFICER.i.e.'JANE DOE,NOTARY PUBLIC-) 0
0
personally appeared B.J. Bird
(NAMF(S)OF SIGNER(S)I
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUAL(S)
$(CORPORATE
OFFICERS) President
E personally known to me -OR- El roved to me on the nines)
basis of satisfactory ❑PARTNER(S) ❑LIMITED
evidence to be the ❑GENERAL
person(s) whose name(s) ❑ATTORNEY IN FACT
is/are subscribed to the OTRUSTEE(S)
within instrument and ❑GUARDIAN/CONSERVATOR
acknowledged to me that ❑OTHER.
he/she/they executed the
,• " ' , KATHLEEN LUMARY same in his/her/their
Co M.N1105458 D authorized capacity(ies),
Q p r,r SIGNER IS REPRESENTING:
ORPublic California
GRANGE CGGNTY � and that by his/her/their (Name of Peraonlal or Entityliaal
MYCommasionExp.7,him signature(s) on the
instrumentthe person(s),
or the entity upon behalf
of which the person(s)
acted, executed the instrument. RIGHT THUMBPRINT(Optional)
Witness my hand and official seal.
0
(SEAL)
`o
(SIGNAT OF NOTARY)
CAPACITY CLAIMED BY SIGNER(S)
❑INDIVIDUAL(S)
❑CORPORATE
ATTENTION NOTARY
OFFICER(S)
The information requested below and in the column to the right is OPTIONAL. RnLES)
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERISI []LIMITED
unauthorized document. Bonds for Faithful Performance,Labor & ❑GENERAL
Materials for setting of Monument OATTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document EITRUSTEE(S)
MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Papas 2 Date of Document 4-24-98 ❑OTHER:
DESCRIBED AT RIGHT:
Signer(a)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Persons) or Entityliesl
WOLCOTTS FORM 63240 Rev.3-94(price clam 6 2A) C)1994 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION(rWO FINGERPRINTS
7 IIIIIIII77 III I III II0 II 8
Insurance Company of the West
HOME OFFICE:SAN DIEGO, CALIFORNIA
POWER OF ATTORNEY
JCNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint:
DONALD ROOP
its true and lawful Attomey(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company, and each of
them, is hereby authorized to execute Powers of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the
Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company;
provided however,that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses,the signatures and
seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this
13th day of March 1998 .
cc
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA )John , Executive Vice President
SS.
COUNTY OF SAN DIEGO
IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or
have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122.
aw
Jerry Fafai U I Jarrt heodore
CERTIFICATE:
I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY, of
which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above
quoted resolution,
IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 24th day of April 19 98
ONMHy
INSURANC COMFPAYY OF THE WEST
_ y `PGaNnMTEp i
�nlIF011Mn
o n H.1C ral ,Assists t Secretary
ICW 37
tv
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF PALM SPRINGS
and
5o urT ►f H NA �rlLou P
Subdivision Improvement Agreement
TABLE OF CONTENTS
1 . Construction Obligations.................................................. 4
1 .1 Works of Improvement........................................... 4
1 .2 Other Obligations Referenced in Conditions of Tentative
MapApproval........................................................ 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 Engineer................................... 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
fS 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 Costs............................................ 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