HomeMy WebLinkAboutA3786 - SOUTHLAND GROUP SUBDIVISION IMPROVEMENT TM 26364 SUNRISE Southland Group TM 26364
Subdiv Improvement Sunrise
AGREEMENT #3786
CM Signed, 4-3-97
Subdivision Improvement Agreement
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered
into this '>_' day of , 199 �, by and between the CITY OF PALM SPRINGS,
a municipal corporation of the State of California ("CITY"), and THE SOUTHLAND
GROUP ("Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract No. 26364 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 for public use the streets and easements shown on the Map as
Lot(s) "A", "C", and "D" and City desires to accept the streets and easements
shown on the Map as Lot(s) "A", "C", and "D" for public use, 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
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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 Chanoes 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 CLity. 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 Cii.v 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 ail times during which work is being done who has full authority
to act for Subdivider, or its design engineer, and Subdivider's contractors)
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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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 "Fork 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 there properly it 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 on or before /thirty (30) days following
City's approval of the Plans ("Comment ment Date"); and (ii) complete or
cause to be completed all of the Works of Improvement no later than
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5� /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
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Subdivision Improvement Agreement
hereunder. City Engineer shall evaluate all claims to Force Maleure and his
decision shall be final.
2.4 Continuous Work. After commencement of construction of the
Works of Improvement (or separate portion thereof), Subdivider shall cause
such work to be diligently pursued to completion, and shall not abandon the
work for a consecutive period or more than thirty (30) days, events of Force
Maleure 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
$217�088.00/100% 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 $108,544.00/50% 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 $3 200.00/100% 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 Securit Instrument for Maintenance and Warrant .
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
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Subdivision Improvement Agreement
following said acceptance ("Maintenance and Warranty Security
Instrument"), with the amount of such Security Instrument to be equal to
$32,563.00/25% 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.
(bl 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
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Subdivision Improvement Agreement
funds in an account under the control of the City, with no interest
accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may
thereafter at any time elect instead to apply such funds as provided in
the foregoing. Subdivider agrees and hereby grants City a security
interest in such account to the extent required for City to realize on its
interests therein and agrees to execute and deliver to City any other
documents requested by City in order to evidence the creation and
perfection of City's security interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument
and Labor and Materials Security Instrument when all of the following
have occurred:
(i) Subdivider has made written request for release and
provided evidence of satisfaction of all other requirements in this
Section 4.5;
(N) the Works of Improvement have been accepted;
ON) 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.
Ib) 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
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Subdivision Improvement Agreement
installation of the Works of Improvement. In the event Subdivider is entitled to
reimbursement from City for any of the Works of Improvement, such
reimbursement shall be subject to a separate Reimbursement Agreement to be
entered into between Subdivider and City prior to construction of the works.
5.2 Payment to City for Cost of Related Inspection and Enaineerinq
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-
S. default.
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Subdivision Improvement Agreement
8.1 Remedies Not Exclusive. In any case where this Agreement
provides a specific remedy to City for a default by Subdivider hereunder, such
remedy shall be in addition to, and not exclusive of, City's right to pursue any
other administrative, legal, or equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights
or remedies it may have for Subdivider's default hereunder, in the event
Subdivider shall fail to timely perform any work required to be performed under
this Agreement and such failure shall continue for a period of twenty (20) days
after receipt of written notice of default from City, or thereafter Subdivider shall
fail to diligently and continuously pursue the cure of any such default to
completion, City shall have the right to enter into the Property and perform any
of the uncompleted work by force account or contract or both and thereupon
recover from Subdivider or any Security Instrument, or both, the full cost and
expense thereby incurred by City.
8.3 Attorney's Fees and Costs. In the event that Subdivider fails to
perform any obligation under this Agreement, Subdivider agrees to pay all costs
and expenses incurred by City in securing performance of such obligations,
including costs of suit and reasonable attorney's fees. In the event of any
dispute arising out of Subdivider's performance of its obligations under this
Agreement or under any of the Security Instruments referenced herein, the
prevailing party in such action, in addition to any other relief which may be
granted, shall be entitled to recover its reasonable attorney's fees and costs.
Such attorney's fees and cost shall include fees and costs on any appeal, and
in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions
and discovery, retaining expert witnesses, and all other necessary and related
costs with respect to the litigation. All such fees and costs shall be deemed to
have accrued on commencernent of the action and shall be enforceable
whether or not the action is prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of
Subdivider's failure to perform the construction and installation of the Works of
Improvement in accordance with the requirements contained or referenced in this
Agreement. Said indemnity obligation shall apply to personal injury, death, property
damage, economic loss, and any other monetary damage or penalty to which City
may be subjected, including without limitation, attorney's fees and costs and the
costs of realizing on any Security Instrument provided by Subdivider pursuant to the
terms hereof. Such indemnity obligation shall not extend to any loss resulting from
City's sole negligance or wilful misconduct.
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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.
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Subdivision Improvement Aarccmcnt
CITY OF PALM-SPRINGS, CALIFORNIA
DATED: -- �� — ��- /_- - By
Crty Man , cr
'City,
AT7'_S T:
Citty—Caerk,
APPROVED AS TO FORM: it-37BG
Ciry Attorne
Dated: February 28, _1997 The Southland Group
B -
n-L rat
Its: president
"Subdivider"
Address
One Columbia
Aliso Viejo, CA 92656
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Subdivision ImprovenicnS Agiccmcnt
EXHIBIT "A"
CONDITIONS OF TENTATIVE IMAP APPROVAL APPLICABLE TO PROJECT
EXHIBIT "A"
TO SUBDIVISION (IMPROVEMENT AGREEMENT
18
• APPB BY PLANNING COTVJ;yN n1C
Gasa
RESOLUTION NO. C
EXHIBIT A '"srluliun #-------_._-----.-
TO ALL BLONinFI�
Case 5. 0574-PD-215 and Tentative TraL�M2(pb" --
Northwest Cornea of Via Escuela/Sunrise Way
January 22 , 1997
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below
shall be completed to the satisfaction of the City Engineer, the
Director of Planning, the Chief of Police, or the Fire Chief, or
their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into
shall be in a form approved by the City Attorney.
PLANNING!
1. That the proposed development of the premises shall conform to
all applicable regulations of the Palm Springs Zoning
ordinance, Municipal Code, or any other City Codes,
ordinances, and resolutions which supplement the zoning
district regulations .
2 . The applicant shall pay an in lieu fee of $77 , 000. 00
($4 , 812 . 50 per lot) to the City. This fee shall be payable
prior to issuance of certificate of occupancy on each of the
77 residences at the rate of $1, 000. 00 per residence. The fee
shall be deposited into the Redevelopment Agency Housing
setaside Fund to be used for other affordable housing projects
within the City. Economic Development will monitor the project
to insure compliance with this condition.
3 . The mitigation measures of the Environmental Assessment for
Case 5 . 0574-PD-215 be implemented.
4 . An acoustic analysis shall be preformed on the proposed
building construction plans as a part of the plan check
Indicating compliance with all City and State interior noise
standards .
4a. Prior to issuance of a building permit, the applicant shall
provide a standard avigation easement and non-suit covenant in
a form prescribed and approved by the City Attorney, with
reference to present and future owners of the parcel.
4b. The applicant shall enter into a landscape maintenance
district with the City for the twenty-five (25) foot landscape
buffer along Sunrise Way. In the event a landscape district is
not entered into, the Covenants , Conditions, and Restrictions
("CC&R' s") shall include a provision that the homeowner's
association shall create a mechanism to maintain the landscape
buffer. The landscape district or the mechanism to maintain
the buffer shall be established prior to approval of the final
map.
In the event the landscape district is not entered into, the
applicant shall submit a draft declaration of the CC&R' s to
the Director of Planning & Building in a form approved by the
City Attorney, to be recorded prior to issuance of occupancy
permits. The City shall be a party to the CC&R' s, enforceable
by the City and shall not be amended without approval of the
City. The CC&R's shall require maintenance of all property in
a good condition and in accordance with all ordinances, and if
not so maintained, permit City to perform the work and lien
the property to recover the City' s cost therefore.
The applicant shall submit to the City of Palm Springs, a
deposit in an amount to be determined by the City Manager, for
the review of the CC&R's by the City Attorney.
5. Gravel shall not be permitted within the landscaping.
6. All Washingtonia filiferas palm trees shall have a minimum
girth of 30 inches at three feet from grade.
7 . Ground cover in front yards shall be upgraded.
8 . Chinese grass shalt be replaced with Purple Fountain grass.
9. Irrigation shall be either a bubbler or drip system for front
yards, except lawns. Plans for system shall be submitted to
Planning for approval prior to installation.
10. The Indian Laurel shall be revised to a more appropriate
drought tolerant and wind sturdy tree.
11. Street trees shall be increased to 24-inch box.
12 . The six (6) foot high perimeter wall along Sunrise Way shall
run parallel with the grade.
12a. Irrigation plans for the Sunrise Way parkway shall be approved
by the Department of Public Works.
ENGINEERING:
The Engineering Division requirements for the project were
initially stated in our memorandum to the Director of Planning and
Zoning dated April 24 , 1991, for TTM 26364 . However, said
memorandum shall be considered superseded by the current 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
13 . 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 .
14 . 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
15 . Dedicate an additional right-of-way of 6 feet to provide the
ultimate half street width of 50 feet along the entire
frontage, together with 'a property line - corner cut-back at
the NORTHEAST AND SOUTHEAST corners of the subject property in
accordance with City .of Palm Springs Standard Drawing No. 105 .
16. Dedicate a 25 foot wide easement for landscape, sidewalk and
bicycle path purposes along the entire frontage.
17 . Construct an 8 inch curb and gutter, 38 feet WEST of
centerline along the entire frontage, with a 35 foot radius
curb return at the NORTHEAST AND SOUTHEAST corners of the
subject property per 'City of Palm springs standard Drawing No.
200 .
18 . Construct the SOUTH half of an 8 foot cross gutter and
spandrel at the intersection of RACQUET CLUB ROAD EAST and
SUNRISE WAY NORTH with a flow line parallel to the centerline
of SUNRISE WAY NORTH in accordance with City of Palm Springs
Standard Drawing No. 200 .
19 . Construct the NORTH half of an 8 foot cross gutter and
spandrel at the intersection of VIA ESCUELA EAST and SUNRISE
WAY NORTH with a flow line parallel to the centerline of
SUNRISE WAY NORTH in accordance with City of Palm Springs
Standard Drawing No. 200.
20. 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.
21. Construct a curb ramp meeting current California State
Accessibility standards at the NORTHEAST AND SOUTHEAST corners
of the subject property per City of Palm Springs Std. Dwg.
Nos. 212 and 212A.
22 . Construct pavement with a minimum pavement section of 5 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 340 . The pavement section shall
be designed, using "R" values, by a licensed Soils Engineer
and submitted to the City Engineer for approval.
23 . 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.
RACQUET CLUB ROAD EAST
24 . Construct an 8 inch. curb and gutter, 32 feet SOUTH of
centerline along the entire frontage, with a 35 foot radius
curb return at the NORTHWEST corner of the subject property
per City of Palm Springs Standard Drawing No. 200.
25 . Construct the EAST half 'of a 6 foot cross gutter and spandrel
at the intersection of PASEO DE ANZA and RACQUET CLUB ROAD
EAST with a flow line parallel to the centerline of RACQUET
CLUB ROAD EAST in accordance with City of Palm Springs
Standard Drawing Nos . 200 .
26 . The driveway approaches shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 201 and have
minimum widths of 10 feet. They shall be circular or
hammerhead in design to allow turn around on-site.
27 . Construct a 10 toot- wide combination sidewalk and bicycle path
along the entire RACQUET CLUB ROAD EAST frontage . The
construction shall be adjacent to the curb 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.
28 . Construct a curb ramp meeting current California State
Accessibility standards at the NORTHWEST corner of the subject
property per City of Palm Springs Std. Dwg. Nos. 212 and 212A.
29 . Construct pavement with a minimum pavement section of 3 .inch
asphalt concrete pavement over 6 inch aggregate base with a
minimum subgrade of 24 inches at 95% relative compaction, OR
equal, from edge of proposed gutter to centerline along the
entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 AND 330 . The pavement section shall
be designed, using "R" values, by a licensed Soils Engineer
and submitted to the City Engineer for approval.
PASEO DE ANZA
30. 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.
31. Construct a 6 foot cross gutter and spandrel at the
intersection of PASEO DE ANZA and AMELIA WAY AND OLGA WAY with
a flow line parallel to the centerline of PASEO DE ANZA in
accordance with City of Palm Springs Standard Drawing No. 200.
32 . 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 .
33 . The driveway approaches shall•' be constructed in accordance
with City of Palm Springs Standard Drawing No. 201 and have
minimum widths of 10 feet.
34 . Construct curb ramps meeting current California State
Accessibility standards on both sides of the intersections of
Amelia Way, Olga Way, and the SOUTHWEST corner of the subject
property per City of Palm Springs Std. Dwg. Nos. 212 and 212A.
35 . 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 95-1 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.
VIA ESCUELA
36 . 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 SOUTHWEST corner of the subject property
per City of Palm Springs Standard Drawing No. 200 .
37 . Construct the EAST half of a 6 foot cross gutter and spandrel
at the intersection of PASEO DE ANZA and VIA ESCUELA EAST with
a flow line parallel to the centerline of VIA ESCUELA EAST in
accordance with City of Palm Springs Standard Drawing No. 200.
38 . 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 .
39 . The driveway approaches shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 201 and have
minimum widths of l0 feet.
40. Construct curb ramps 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.
41. Construct pavement with a minimum pavement section of 3 inch
asphalt concrete pavement over 6 inch aggregate base with a
minimum subgrade of 24 inches at 95% relative compaction, OR
equal, from edge of proposed gutter to centerline along the
entire frontage in accordance with city of Palm Springs
Standard Drawing No. 110 and 315. The pavement section shall
be designed, using ":R" values, by a licensed Soils Engineer
and submitted to the City Engineer for approval.
42 . If Tract 11951 adjacent to this tract on the west side does
not construct 1/2 street improvements from Racquet Club Road
East to Via Escuela East and from Paseo de Anza to Hermosa
Road; construct a 3 inch asphalt concrete pavement over 6 inch
aggregate base with a minimum subgrade of 24 inches at 95%
relative compaction, OR equal, pavement transition section 25
feet wide starting at the north half of the intersection of
Paseo de Anza and Via Escuela and ending 313 feet west of said
intersection on the south half of Via Escuela.
ON-BITE STREETS
43 . 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.
44 . Construct a 6 inch curb and gutter, 16 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.
45. Construct a 6 foot cross gutter and spandrel at the
intersection of LORENA WAY, SABITA WAY, OLGA 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.
46. 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 .
47 . The driveway approaches shall be constructed in accordance
with City , of Palm Springs Standard Drawing No. 201 and have
minimum widths of 10 feet.
48 . 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.
49 . 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
50. 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 connection.
51 . Construct sewer laterals from existing sewer main on Racquet
Club Road East and Via Escuela East to a location in the
proximity of the plumbing outlet of said properties facing
these streets. Cap all laterals at right-of-way line for
future connection to City sewer system.
52 . Developer shall construct an 8 inch sewer main 5 feet east 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 .
53 . Developer shall construct 8 inch sewer mains 5 feet from and
parallel to the centerline of Amelia Way, Sabita Way, Lorena
Way, Olga 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.
54 . Submit a sewer line study addressing the increase in flow
resulting from this development and proposed development in
the area prior to approval of the Final Map. Developer may be
subject to off-site sewer mitigation measures based upon the
study results .
55. 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.
C. Sewer Study/Report, IF required by. these conditions.
GRADING
56. 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.
57 . 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.
58 . 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.
59 . 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.
60. 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
61. 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 any 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.
62 . The developer shall submit a hydrology study with mitigation
measures to the City Engineer with the first submittal of a
grading plan.
63 . 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-BITE
64 . All centerline radii shall be constructed in accordance with
City of Palm Springs Std. Dwg. No. 104 .
65. All on-site cul-de-sacs shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 101, curb
portion only.
GENERAL
66. 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.
67 . 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.
68 . 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.
69 . The developer is advised to contact all utility purveyors for
detailed requirements for this project at the earliest
possible date.
70. 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.
71. 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
72 . 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.
73 . 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 the Engineering
Division. This condition shall be complied with before
Issuance of grading Or building permits.
TRAFFIC
74 . 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
night-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, RACQUET CLUB
ROAD EAST, VIA ESCUELA ROAD EAST, PASEO DE ANZA, AMELIA WAY,
SABITA WAY, LORENA WAY, OLGA WAY and SHANNON WAY frontages of
the subject property.
75 . 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 AND VIA
ESCUELA EAST frontages prior to issuance of a Certificate of
Occupancy.
76. Separate striping plans are to be prepared and submitted along
with street improvement plans for review and approval by the
City Engineer.
77 . The developer shall pay his 251 of the total cost to install
an 8-phase traffic signal at the corner of SUNRISE WAY and VIA
ESCUELA at the request of the City of Palm Springs Director of
Public Works when warrants deem it necessary. The agreement
shall be executed prior to issuance of the building permit.
78 . The developer shall enter into a reimbursement agreement with
the City of Palm Springs for 25T of the total cost to install
an 8-phase traffic signal at the corner of SUNRISE WAY NORTH
and RACQUET CLUB ROAD EAST at the request of the City of Palm
Springs Director of Public Works when warrants deem it
necessary. The agreement shall be executed prior to issuance
of the building permit.
79 . Street name signs shall be required at each intersection in
accordance with City of Palm Springs Standard Drawing Nos. 620
through 625.
80. 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:
SE Cor. Paseo de Anza, @ Racquet Club Road East
NW Cor. Paseo de Anza @ Via Escuela
SW Cor. Via Escuela @ Sunrise' Way North
HE Cor . Paseo de Anza @ Amelia Way
SW Cor. Sabita Way @ Shannon Way
SW Cor. Lorena Way @ Shannon Way
NE Cor. Olga Way @ Paseo de Anza
81. The developer shall install a 16, 000 lumen high pressure
sodium vapor safety street light with glare shield on a
marbelite pole on the SOUTHEAST corner of RACQUET CLUB ROAD
EAST and PASEO DE ANZA with the mast arm over RACQUET CLUB
ROAD EAST. The pole and luminaire shall be furnished by the
developer.
82 . "No Parking" signs and curb delineation for no parking shall
be installed along the entire Sunrise Way North frontage.
83 . Construction signing,, lighting and barricading shall be
provided for on all projects as required by City Standards or
as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in
accordance with State of California , Department of
Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION
AND MAINTENANCE WORK ZONES" dated 1990, or subsequent
additions in force at the time of construction.
84 . This property is subject to the Transportation Uniform
Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED
ITE Code B land use.
CALIFORNIA ALL-PURPOSACKNOWLE®GNIENT
State of California
County of orange
On March H 1997 before me, Kathleen Lumary
PnTE -:IE TIPLE OF OFFICER-EF JA%EcoE NGT4F-=_E'_c
personally appeared B. J. Bird {
NA I�e,OF SaNER,S
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 ac-
knowledged 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
person(s) acted, executed the instrument.
KATHLEEN WMARY
w ' COMM.N 110545E D
KotarryyPu6licCalifarnie Cn WITNESS my hand and official seal.
OHANGECOUNTY
IN Commission Ems.7/114D
1 �
SIGNATURE Nc--lY
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
�X CORPORATE OFFICER
President —����Sion Bonds eYt /�G"Q j
TITH51 TITLE OR TYPE OF DOCUMENT
iii, ❑ PARTNER(S) ❑ LIMITED .Y
l'. ❑ GENERAL
� E ATTORNEY-IN-FACT TRUSTEE(S) --
NUMBER OF PAGES 1
C.)
GUARDIAN/CONSERVATOR
❑ OTHER
— - -- --
3/5/97- --
DATE OF DOCUMENT
} SIGNER IS REPRESENTING:
NrI.IE OF PFgsONrs,OR ENTITY(IFS)
.i
---- - --- ------ --- SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
13
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY CF PALM SPRINGS
and
THE SOUTHLAND GROUP
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. ..................I.............I..........1 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 .1 1 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 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
CITY OF PALM SPRINGS
This bond has been written FAITHFUL PERFORMANCE BOND BOND# 148 66 90
in four(4) original counter-
parts. Premium $ 4,842.00
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
THE 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, dated February 19 97 and identified as project
THE SPRINGS - Tract# 26364-1 , is hereby referred to and made a part 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 OF THE WEST as
surety, are held PM. bound unto the City of P4m k$ � 5, (hereinafter called "City"), in the
TW H DRED ,SEVENTEEN T OUSAN
penal sum of SEVEN AND 86/100**************4************,dollars ($217,087.8�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.
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 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 March s 1997.
- INSURANCE COMPANY OF THE WEST
` =" Principal C Surety-)
Attorney-in-Fact Donald Roop
.Page 2 of 2
CAQFORNIA ALL-PURPOACKNOWLEDGM ENT
State of Cal 1 forn i a
County of Orange
On March h , 1 gg7 before me, Kathleen Lumary _
OaTE NA tE TITLE OF OFFICER- '-EG JANE DOE \_ --. - [
personally appeared B. J. Bird
N' IF S,OF S CRERISI
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
l 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
capacity(ies), and that by his,'her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
KATHLEEN LIJ Ry
�s COMM./!1105458 n
NGE6oUN WITNESS my hand and official seal.
tiMCo n0ftl0n8).7,11100
�S, TR E OF NCT>RY
OPTIONAL
Though the data below Is not required by law, It may prove valuable to persons relying on the documer; and Could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
R CORPORATE OFFICER
President —S_ub_diyis_ion Bonds
TITLE(s) TITLE OR TYPE OF DOCUMENT
SStjj ❑ PARTNER(S) ❑ LIMITED 1
IAJ ❑ GENERAL
fU ❑ ATTORNEY-IN-FACT
° NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
h,S ❑ OTHER ----
4 ----
DATE OF DOCUMENT
R SIGNER IS REPRESENTING:
NAPAE OF PE9SON(3,CP ENTITY(IES)
---- - -- — ---- SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
CALIFORNIA ALL-PURPOSOCKNOW'LEDGMENT i
State of California
County of Orange
On March 5, 1997 before me, Angela H. Albright, Notary Public
DATE NAME.TITLE OF OFFICER-E.G VANE DOE.NOTARY PUBLIC
personally appeared Donald Reop
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ prau9dAw ax=Ajmw ixSa1iSk0XbD xasridemma
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
capacity(ies), and that by his/her/their
A COMM.GELA 101aGl�T signature(s) on the instrument the person(s),OMM.�1098075 � P O,
s' NOTARY weuc-CAMUFOrAIA or the entity upon behalf of which the
,Tw r)FWNiECg1NTY
IyDwa EVL AFd 27, 19M� 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 CITY OF PALM SPRINGS FAITHFUL
❑ CORPORATE OFFICER PERFORMANCE BOND
148 66 90 - THE SOUTHLAND GROUP
Tm-2(s) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL two (2)
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: March 5, 1997
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR EWITY(IES)
not stated
Insurance Company of the West SIGNER(S)OTHER THAN NAMED ABOVE
ICW GP 416
I trance Company of the Web
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 Attorney(s)-m-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 22nd day of November, 1994, 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 20th day of April 19 95
INSURANCE COMPANY OF THE WEST
Rcarroe'ge r.1
puon•
STATE OF CALIFORNIA SS: j
COUNTY OF SAN DIEGO J hn L. Hannum, Senior Vice President
6
April 20th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hano and official seal.
NORmApoffrmn
collillk
#192W In �j
.8o cOull�N1Y n /
V / Lilly Cwnrn tape ElfpirM " Notary Public
JANUARY 14,1996
CERTIFICATE
I, E Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do heresy 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 me above quoted resolution
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 5th day of
March 1997 .
- c INSURANCE COMPANY OF THE WEST
E. Harned Davis, Vice President
ICW 37
This bond has been written CITY OF PALM SPRINGS BOND# 148 66 90
in four original LABOR AND MATERIALS BOND
counterparts. Premium is included
in the Performance Bond
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
THE 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 February , 1937, and identified as
project THE SPRINGS - Tract# 26364--1 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 fill; 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 ONE HUNDREDEIGHT THOUSAND, FIVE HUNDRED
FORTY-THREE AND 93/100******************£dollars
($loe,543.9)q for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and
to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
Page 1 of 2
Labor and Materials Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on March s 1997 .
INSURANCE COMPANY OF THE WEST
Principal f`' Surety.,
_ - = Attorney-in-Fact Donald Roop-�
Page 2 of 2
CALIFORNIA ALL-PURPOACKNOW'LEDGMENT
State of_ca 1 i fern i a
County of Orange
t
On march Fi 1 A97 before me, Kathleen Lumary
" E iIAME TITLE GF OFFICER-E G JANE DOE J07_„ =JEL:C
personally appeared B. J . Bird
NAME So OF SiGNE9i&
�7 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose names) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s).
or the entity upon behalf of which the
person(s) acted, executed the instrument f
KATHLEEN LUNIARY
COMM.$1105458 a 111 Public California
OR�NGECOUNTY 0) WITNESS my hand and official seal
WCamm Ezp.7/110
I
SIGNATURE OF NOT-RV
OP ITIONAL
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
President --s'hdi rtaJon Bonds
TITLEISI TITLE OR TYPE OF DOCUMENT
i' ❑ PARTNER(S) ❑ LIMITED
❑ GENERAL -
.a1 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES
i+) ❑ TRUSTEE(S)
S�yjj ❑ GUARDIAN/CONSERVATOR
}1 ❑ OTHER
' — - — DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF oERSON(SI OR ENTITY(IESI
- _ -- ---- -- SIGNER(S) OTHER THAN NAMED ABOVE
ICSJ CP 416
CALTORNIA ALL-PURPOSO,CKNOWLEDGMENT i
State Of California
County of Orange
On March 5, 1997 before me, Angela H. Albright, Notary Public
DATE NAME,TITLE OF OFFICER-E G_. JANE DOE NOTARY PUBLIC-
personally appeared Donald Roof
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ pmouadAmma xxAkm salisketoWeykkwaze
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
• ANGELA H.ALBRIGHT capacity(ies), and that by his/her/their
Comm.91018l >
NOTARYRWO•CAUFORMA signature(s) on the instrument the person(s),
ORANgE00UNTY or the entity upon on behalf of which the
MylExp.Apr127. 1M
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 CITY OF PALM SPRINGS LABOR AND
❑ CORPORATE OFFICER MATERIAL PAYMENT BOND
148 66 90 - THE SOUTHLAND GROUP
TITLEIS)
TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL _ _ two (2)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: March 5, 1997
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
Inrance Company of the Wej
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 Attorney(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 22nd day of November, 1994, 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 20th day of April 19 95
C-- )
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO hit 4H,,num,LSenor Vice President
April 20th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and official seal.
NORMA POMR
sW26" A
NDT
DII GO 0
U „ Camrrtiuiat paps Notary Public
JANUARY 14,19N
CERTIFICATE'
I, E Harned Davis. Vice President 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 farce 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 Vice President, on this 5th day of
March 1997
-- INSURANCE COMPANY OF THE WEST
ZZW/
- °•�m.' E. Harried Davis, Vice President
ICW 37
This bond has been written in BOND# 148 66 90 M
f bur(4) original counterparts. CITY OF PALM SPRINGS Premium is included
BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS in the Performance
Bond
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
THE 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 February , 1997 and identified as
Project THE SPRINGS - TRACT 26364-1 , 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
THIRTY-TWO THOUSAND FIVE HUNDRED SIXTY-
Of Tuggg Amn iZ/,�On* * * ***************DOLLARS ($32,563.13 ), 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, 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 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 respecting the repair and replacement of defective workmanship and martials thereof
Page 1 of 2
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 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
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 the terms of the Agreement: or to the work to be performed thereunder or the
specifications accompanying the same shall 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 March s 1997.
INSURANCE COMPANY OF THE WEST
Principal Surety
Attorney-in-Fact Donald Roop
Page 2 of 2
CALIFORNIA ALL•PURPOSACKNOWLEIDGMENT
t
State of
County of orange _
U
On March 6 . 1 9 -7 before me, Kathleen Lumary
O`E .-"!E TITLE OF OFFICER E G JANE DOE %3-AP-=-ELC
personally appeared B. 3 . Bird —
NA VE S,OF SIDNER,SI
�I 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument. t
KATHLE.NLUMARY WITNESS m hand and official seal w COMM.#1105ma 9 Y
�'� Notary Pu6Rc CNiF y
GRANGE COUNTY
NNCOMMIesiaGE�.7/I1A0 J
SIGNATU FNOT-,RY
OPTIONAL
I
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
IXJ CORPORATE OFFICER
_aubE y; s- on Bonds
President _ TITLE OR TYPE OF DOCUMENT
TITLES,
t ❑ PARTNERS) ❑ LIMITED
❑ GENERAL
.a ❑ ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER ___
— ----- ---- DATE OF DOCUMENT
SIGNER IS REPRESENTING: '
4 NANE OF PERSONS,OR ENTITY(IES(
------- - ------------------------- SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
CALIFORNIA ALL-PURPOSV CKNOWLEDGMENT
Sta7californiaCo�nE7 before I Angela H. Albright, Notary Public
GATE NAME,TITLE OF OFFICER E G. -JANE DOE.NOTARY PUBLIC"
personally appeared Donald Roof
NAMELS)OF SIGNER(S)
personally known to me - OR - ❑ IxDouedAExjMxxxAj at sa�sYal�or x�Yider
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
TLip
ANGEI,,q H.ALBRI(3HT capacity(ies), and that by his/her/their
OOMiN41018075 a signatures) on the instrument the person(s),
WrARYPUMSEA or the entity upon behalf of which the
MYCoIImEXI).April 27, IM person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOT
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 CITY OF PALM SPRINGS MAINTENANCE
❑ CORPORATE OFFICER AND WARRANTY OF IMPROVEMENTS BOND
148 66 90M -THE SOUTHLAND GROUP
TMLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL _ t*ao (2)
❑x ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
March 5, 1997
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(s)OR ENiRY(IES) not stated
Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP 416
In- rance Company of the We
�
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:
IONALD ROOP
Its true and lawful Attorney(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 22nd day of November, 1994, 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 'NEST has caused these presents to be signed by its duly authorized officers
rhl:20th day of April 19 95
C-- )
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS. AL. Hannum, r Vice President
April 20th, 1995
On this before me personally appeared John L. Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the Individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he
acted, executed the instrument
WITNESS my hand and official
seal
� R 22�64
ANpL � nU) D1E O V $ CgllrryYl py� C1
/
Notary Public
JANUARY 14,1996
CERTIFICATE.
I. E Horned Davis. Vice President 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 facsimiie under the authority
of the above quoted resolution
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 5th day of
March 1997
INSURANCE COMPANY OF THE WEST
E Harned Davis. Vice President
ICW 37
CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE, LABOR, AND MATERIALS
This bond has been written FOR SETTING OF MONUMENTS
with four(4) original counterparts. BOND# 148 66 91
Premium $ 100.o0
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
THE 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 February, 1997, and identified as
Project THE SPRINGS - TRACT #26364-1 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 the
performance of the aforesaid Agreement with respect to the setting of monuments, in the penal
SUM Of THREE THOUSAND, TWO HUNDRED AND o0/100****'DOLLARS ($ 3,200.0o** , 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 fonth, 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 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 respecting the setting of monuments 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,
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
Page 1 of 2
performance of the aforesaid Agreement with respect to the setting of monuments, have been
paid for the setting 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 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 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 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 March 5 1997.
INSURANCE COMPANY OF THE WEST
_ =� Principal Su ety.
Attorney-in-Fact Donald/ Roop
Page 2 of 2
J
CALIFORNIA ALL-PURPOSIIOCKNOW'LEDGMENT .
State of California
County of Orange
On March 5, 1997 before me, Angela H. Albright, Notary Public
DATE NAME,TITLE OF OFFICER-E G,'JANE 00E.NOTARY PUBLIC'
personally appeared Donald Roop
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ pmxmdAwfflSxxxAk=bs Sa198 @V
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
ANGELLAqH.ALI3Ri4 capacity(ies), and that by his/her/their
COMM.#1018075
NOTAWPUSUG-CAUFONA signature(s) on the instrument the person(s),
c>RlwaeCOUNTY or the entity upon behalf of which the
My Ctx M EXP.April 27, 19W
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 CITY OF PALM SPRINGS - MONUMENT BOND
❑ CORPORATE OFFICER
148 66 91 - THE SOUTHLAND GROUP
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL two (2)
TRUSTEE(SS))0 ATTORNEY-IN-FACT FACT NUMBER OF PAGES
❑
❑ GUARDIAN/CONSERVATOR
❑ OTHER: March 5, 1997
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
In rance Company of the Web
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 Attorneys)-m-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 22nd day of November, 1994, 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 behalt of the Company, fidelity and surely 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 20th day of April 19 95
C-Z )
INSURANCE COMPANY OF THE WEST
STATE OF CALIFORNIA -
COUNTY OF SAN DIEGO SS:
AHannum, r Vice President
April 20th, 1995
On this before me personally appeared John L Hannum, Senior Vice President of INSURANCE
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he
acted, executed the instrument.
WITNESS my hand and official seal
#� n
T NDTARY >�5"1FOiMIIA U) �l !
U p�,`A
N N DIE(iO,CCXINTY f) /
V Fi1f Comm><san Elcpira� Notary Public
JAW VARY 14,1996
CERTIFICATE. ..r.i
I, E Harned Davis, Vice President 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 authantV
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 5th day of
March 1997 .
C
INSURRANCE COMPANY OF THE WEST E. Harried Davis, Vice President
ICW 37
CALIFORNIA ALL-PURPOSOICKNOWLEDGMENT
State of
County of Orange
On Marr_ Fir 19 before me, Kathleen Lumary
71*E .ANE TIT_E of OFFICER E G JANE DCE %CiAw -_c_C
personally appeared B. J. Bird
NA'JESi OF SiGNE ISi
EJ 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 ac-
knowledged to me that he,/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s).
d .:"'•- KATHLEENLUMARY or the entity upon behalf of which the
COMM.N 1105458 r
°�� Nalaf E Califomie persons) acted, executed the Instrument.
hbComIrn miEX 7tilm
WITNESS my hand and official seal.
SIG0IIXF,NC =Pr
�� 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
President —���1-M�ion Bonds
— TITLE OR TYPE OF DOCUMENT
TITLES)
�, LJ PARTNER(S) ❑ LIMITED 1
.� ❑ GENERAL
I`I ATTORNEY-IN-FACT NUMBER OF PAGES
❑I TRUSTEE(S)
t ❑ GUARDIAN/CONSERVATOR
%j ❑ OTHER
�` ----- ---- --- -- 3/5/9 7 — -
l
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
Sk NAIAEOFFERSON(S,ONENTITV(IEE)
{i -- -- - ------ ------------ -- SIGNER(S) OTHER THAN NAMED ABOVE
ICW GP E16