HomeMy WebLinkAboutA3685 - LANDAU DEVELOPMENT PM 28119 SUBDIVISION IMPROVEMENT R 18876 Landau Development Co. , Inc.
Subdivision Improvement Agr
for Final PM 28119
AGREEMENT #3685
R18876, 7-17-96
CITY OF PALM SPRINGS - -
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this J:t�day ofQA,S ,_, , 19% by
and between Landau Development Co., Inc. , hereinafter collectiv ly referred to as
"Subdivider" and CITY OF PALM SPRINGS, a municipal corporation of the State of
California, hereinafter referred to as "CITY";
WITNESSETH:
WHEREAS, Subdivider has prepared and filed a final subdivision map of Parcel
Map No. 28119 in the City of Palm Springs, County of Riverside, for approval by City;
and
WHEREAS, Subdivider, by :said map, has offered for dedication to City for
Public use the streets and easements shown in said map; and
WHEREAS, City desires to accept the streets and easements shown on said
map for public use, and certain other such improvements; and
WHEREAS, as a condition precedent to the acceptance of the dedication of
such streets and easements by City, Subdivider is required to enter into an agreement
with the City to construct certain improvements; and
WHEREAS, the total cost of such improvements has been estimated by the City
Engineer to be approximately $ 30,916.00;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
1 . Subdivider, at his sole cost and expense, shall construct and install the
street, drainage, domestic water, sanitary sewer and other improvements required to
be constructed or agreed to be constructed as a condition precedent to the approval
of said final map and acceptance of such streets and easements, as shown on the
"Improvement Plans for Parcel Map No. 28119 ", a copy of which is now on file in
the office of the City Engineer of the City and which is referred to and incorporated
herein as though set forth in full.
2. Subdivider shall furnish to City good and sufficient bonds executed by
a corporation authorized to transact surety business in the State of California on forms
approved by City, one bond in the sum of $ 30,916.00 to assure the faithful
performance of this Agreement, and one bond in the sum of $ 15,458.00 to assure
payment of the cost of the labor and materials for the improvements required to be
constructed or installed hereby.
Page 1 of 3 _.
Ai�i?..�fiJit �ii ;••
l
Subdivision Improvement Agreement
Both of said bonds shall be deemed exonerated upon acceptance by the City of the
improvements, and the furnishing of a maintenance bond at the time of the
acceptance in the amount of $ 3,778.00. Said maintenance bond shall remain in
effect for a period of one year from date of acceptance of the improvements.
3. Before final approval of street improvements, the Subdivider will place
survey monuments in accordance with the provisions of the State Subdivision Map
Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Tract
Map.
The Subdivider, after setting the monuments, shall furnish the City Engineer of
the City of Palm Springs, written notice of the setting said monuments and written
proof of having paid the engineer or surveyor for the setting of said monuments, or
as provided for in the Subdivision Map Act.
4. In accordance with the terms of said subdivision regulation aforesaid,the
Subdivider does hereby agree to furnish a good and sufficient bond in the amount of
$ 1 ,275.00 to guarantee payment of the cost of setting monuments as stated in Item
No. 2 of this agreement.
5. The City Engineer or his duly authorized representative, upon written
request of Subdivider, shall inspect the improvements herein agreed to be constructed
and installed by Subdivider, and, if determined to be in accordance with the applicable
City standards, shall recommend the acceptance of such improvements by the City.
6. Subdivider shall complete such improvement plans including any
corrections and revisions thereto necessary to comply with the applicable City
standards as determined by the City Engineer, within thirty (30) days after approval
of the final map.
7. Subdivider shall perform any changes or alterations in the construction
and installation of such improvements required by City, provided that all such changes
or alterations do not exceed 10 percent of the original total estimated cost of such
improvements.
8. Subdivider shall guarantee such improvements for a period of one year
following the completion by Subdivider, and acceptance by City, against any defective
work or labor done, or defection materials furnished, in the performance of this
Subdivision Improvement Agreement by Subdivider and shall repair or replace any
such defective work or materials discovered during said one year period.
9. Subdivider shall commence with construction and installation of such
improvements within thirty (30) days from the approval of such "Improvement Plans
for Parcel Map No. 28119" by the City Engineer, and shall complete such construction
and installations within nine (9) months from such date of commencement.
Page 2 of 3
Subdivision Improvement Agreement
10. In the event that Subdivider fails to perform any obligation hereunder,
Subdivider authorizes City to perform such obligation twenty (20) days after mailing
written Notice of Default to Subdivider at the address given below, and agrees to pay
the entire cost of such performance by City.
11 . In the event that Subdivider fails to perform any obligation hereunder,
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.
12. Subdivider hereby binds itself, its executors, administrators and assigns,
and agrees to indemnify, defend, and hold the City harmless from any losses, claims,
demands, actions or causes of action of any nature whatsoever, arising out of or in
any way connected with the improvements agreed to be constructed and installed
hereunder by the Subdivider, including costs of suit and reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
SUB I IDER:
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Address
Cit �
ATTEST: C TY OF PAL ts,
CALIFORNIA
Le
k City Hager
REVIV1f D AIGD APPROVED
APPRCDVP-LoLl Y a7-MC9`fYt"(.,, ,
BY!'ES.
Page 3 of 3
ISOUED YN QUADRUPLICATE BOND # 192717S
PREMIUM $618.00
CITY OF PALM SPRINGS
FAM-IFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
LANDAU DEVELOPMENT COMPANY, INC. (herein designated as "principal") have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated , 19_, and identified as project
Parcel Map No. 28119 is hereby referred to and made a part hereof;
and
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and DEVELOPERS INSURANCE Co. as surely,
are held firmly bound unto the City of Palm Springs, hereinafter called ("City"), in the penal
Slim Of Thirty Thousand Nine Hundred and Eighteen dollars ($ 30,918.00� lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, successors, executors and administrators, jointly and severally, firmly by these-
presents-
The condition of this obligation is such that if the above bounded principal, his or its
heirs, executors, administrators, successors or assigns, shall in 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
attomey's fees, incurred by the City in successfully enforcing such obligation, all to be taxed
as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
Page 1 of 2
Faithful Performance Bond
IT WITNESS WHEREOF, this instrument has been duly executed by the principal and
surety above named, on July 12 1995
LANDAU DEVELOPMENT COMPANY, INC. DEVELOPERS INSURANCE COMPANY
Principal Surety
ALI'Vi�iirl�C���y+_'.✓r� / 1i',/.1t'?".%�Y iA�_��. t/�`�l2rfi(+.// �j.,V1 Z:��I _
Attorne -in-Fact MICHAEL J. HENSEL
Page 2 of 2
STATE OF CPLIFORNIA
SS.
COUNTY OF SPN bERNARDINO
I
On July 12 1995 before me, Janet Elaine Aburto
PERSONALLY APPEARED Michael J. Hensel
personally ]mown to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/ xtti JANET ELPINE ASURTO
their signature(s) on the instrument the person(s), or the �"' e'* CotAtk 942895 z
tr
4
entity upon behalf of which the person(s) acted, executed .,-', Norcry Puolic—Colif xnio
the instrument. -'xa LOS ANGELES COUNTY
*`+d.r• My Comm.Expires OCT b.I
WITNESS my hand and official seal.
Signature "A �Q.lU This area for Official Notarial Seal
1
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Performance Bond
TITLE OR TYPE OF DOCUMENT
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL Two
❑X ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: July 12, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTIT (IES) None
Developers Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE
iD-ost r. .e/wv ALL-PURPOSE ACKNOWLEDGEMENT
Issued In Quadruplicate
• Bon . 192717S
Premium : Included in Performance
CITY OF PALM SPRINGS
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Palm Springs, State of California, and _
Landau Develo ment Company, Inc. (hereinafter designated as "principal") have
entered into an agreement whereby principal agrees to install and complete certain designated
public improvements, which said agreement, dated , 19_, and identified as
project Parcel Map No. 28119 is hereby referred to and made a part
hereof; and
WHFRF.AS, under the terms of said agreement, principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City of
Palm Springs to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said 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 sutn of Fifteen Thousand Four Hundred Fifty Eight
t 00/100dollars ($ 1s, 058.00 for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and
also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
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 lx)nd, 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 July 12 , 19J5.
Landau Development Company Inc. 2eve]operG Tncnrance fnma;n7z
Principal Surety
Attorney in-Fact Michalel J. Hensel
Page 2 of 2
STATE OF CE.LIFORNIA
SS.
COLTIN'Tl' OF SAN BERNARDINO
On July 12, 1995 be fore me, Janet Elaine Aburto
PERSON?ALLY APPEARED Michael J. Hensel
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/ APO RAIN"ei RTO
their signature(s) on the instrument the person(s), or the a :'.,� f w- ; COMM.;Y 942E95
entity upon behalf of which the person(s) acted, executed = '"^ (U '"r Notary P�klic—California n
TT. �• v.; I.OS ANGELIS COUNTY
the instrument fl \'_ My Comm.E4pirO3 OCT 6, 19%
VTrrNTESS my hand and official seal.
Signature !Y 0 t M Q a A� This area for Official Notarial Seal
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
Payment Bond
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL Two
❑X ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: July 12, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTRY(IES) None
Developers Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE
ID-OS7 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT -
Issued in Quadroplicate •
Bond No. 192717S
Premium $ : Included in Performance
CITY OF PALM SPRINGS
BOND FOR MAINTENANCE OF IMPROVEMENTS
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS:
That We Laundau Development Company Inc.
as Principal, and
Developers Insurance Company as Surety, are held and firmly bound unto the CITY
OF PALM SPRINGS, STATE OF CALIFORNIA, in the Sum of Three Thousand Seven Hundred
Seventy Eight/00 Dollars (S 3,77s.oo ) lawful money of the United States of America, for the payment
of which sum, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that;
WHEREAS the Principal has entered into or is about to enter into a written agreement
with the City of Palm Springs, pursuant to the authority of the Subdivision Map Act of the State
of Califomia, for the improvement of the streets and easements offered for dedication on the
final map of Parcel Map No. 28119 , and whereas this bond is required
by said City in connection with the execution of said agreement.
WHEREAS the Principal is requested to guarantee the costs of repair or replacement of
defective improvement construction work or materials within said Subdivision, which guarantee
shall remain in effect for a period of one year from the date of acceptance of work by the City
of Palm Springs, California.
NOW THEREFORE, if the Principal shall for a period of one year from and after the
date of completion and acceptance of said work by said City, replace and repair any and all
defective materials or defective workmanship with said improvements, then the above obligation
to be void; otherwise to remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed
as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and
Page i of 2
s
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 July iz , 1995
Landau Development Company Inc. Developers Insurance Company
Principal Surety
{p Attorn4-in-F ct Michael J. Hensel
Page 2 of 2
STATE OF CALIFORNIA
SS.
COiJNTl'OF SAN BERNARDINO
On July 12, 1995 before me, Janet Elaine Aburto
PERSONALLY APPEARED Michael J. Hensel
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signature(s) on the instrument the person(s), or the JANET ELAINE ABURTO
entity upon behalf of wh ch the person(s) acted, executed COMM.#942895
. =
the instrument. Notary Public—California
LOS ANGELES COUNTY
My Comm.Expires OCT 6.1995
VJFIIVESS my hand and official seal.
Signature 9.�� l UI.J /V Q� Q��_ This area for Official Notarial Seal
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 Maintenance Bond
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL Two
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: July 12, 1995
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) None
Developers Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
1PPO�IiER, OF ATTORNEY OF
OEMNiTY COMPANY OFCALIFO�IA N° 239391
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE,CA 92713 (714)263-3300
KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each
severally,but not jointly,hereby make,constitute and appoint
"**DIRK T. DEGRAW, E. URENO, MICHAEL J. HENSEL, ELIZABETH LEM, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000) in any single undertaking;giving and granting unto said Attorney(S)-In-Pact full
power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of
said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed.
The authority and pourers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship-
Bank depository bonds,maligned deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease:
bonds,insurance company qualifying bands,self-insurer's bonds,hdekity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CAL➢FOCNIA and DEVCLOPERS INSURANCE COPAPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,
qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis
tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power m
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or
contract of suretyship to which it is attached
IN WITNESS WHEREOF,INOCh4NITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE.COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this list day of April,1993.
INDEMNITY COMk
PPAANY OF CALIFORNIA DEVELOPERS INSURANCE CO�M"�/PA'N'Y.
By utiuBy _ . VntiJrl Vlncenh,Jr Dant F Vlncenh,Jrresident oN e An t oT �N s u
O FPOF President a R4
too A/F,C� aFQ-GapPOF�`d'c
m
ATTEST OCT s' I w wnn 27, o
ATTEST
1961 J � I910
`� 'fi��IFOR���� T(IF0r%1fir?D
By UI By !/ V //r�•7/"'
Walter Crowell Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA)
I SS.
COUNTYOFORANGE )
On July 15, 1994, before me, the undersigned,a Notary Public in and for said State, personally appeared Dante F.Vincent,Jr.and Walter A.Crowell, per-
sonally(mown to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on
behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company,the Corporations therein named,and acknowledged
to me that the corporations executed it.
1NITNESS my hand and official seal. OFFICIAL SEAL
J. ALVARADO
%My
COMM.91023169
Signature NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
[Votary Public Commission Exp.Apr 17,199B
CrETIFICA7'E
The undersigned,as Senior Vice President of INDL11ANI'd"d COPAPANt'OF CALIFIRNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 12th day of July ,199 5
W"E"NITY COM ACN OF C:1P-[F®Ctt.1f, �r prrY IDCVEI_3PERS INSURANCE COMPANY
CQ-COpPO Rt�c
q((j Oe�OPOq,���
By °q`" iJ OI96] o o BY 4xfl 2i: o
L C.Fiebiger i�:r .�. L.C.Rebkger IeiB o
Senior Vice President rFOP Senior Vice President
ID-310 REV 1/95 �''
JEFFRIES AND ASSOCIATES LAND SURVEYING
LAND SURVEYING • CONSTRUCTION SURVEYS • LAND DIVISIONS • LOT SURVEYS
6-29-95
City of Palm Springs
Engineering Department
P.O. Box 2743
Palm Springs, CA 92263-2743
Attn: Marna
Dear Sirs:
This letter is to inform you that the monumentation of Parcel Map 28119 ( Landau
Development) vas completed on 6--28-95. All points set are of the nature and in
the position as indicated per said map. Furthermore, we have been paid in full
for all services related to this project.
If we can provide any further information, please do not hesitate to call.
Yo very trul
LO
Rus effr P , ` qa��r
yfF e
,OF GAiEE
58136 JOSHUA LN. • YUCCA VALLEY, CALIFORNIA 92284 • (619) 36.4-2530