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HomeMy WebLinkAbout02971 - NEWPORT LAND TM 25791 SUBDIVISION Cindy Berardi From: Carol "Templeton Sent: Wednesday, September 29, 2010 5:49 PM To: Cindy Berardi Subject: RE: PM25791 (El Mirador): A2971 Newport Land & Development SIA Cindy, I would assume that this can be closed out. We have no bond decrease letters stored in the computer and all of the files are stored in archives (which cost$30 to get out of archive). I have never heard of any problems associated with this project, so I would say close it out. Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct (760) 323-8253 Ext. 8741 Fax (760) 322-8360 or 322-8325 Please note new email address: Carol.templetonCa�palmspringsca.gov http://www.gcode.us/codes/paimsprings/view.php NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. 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From: Cindy Berardi Sent: Wednesday, September 29, 2010 2:18 PM To: Carol Templeton Subject: PM25791 (El Mirador): A2971 Newport Land & Development SIA Can the attached be closed? <<File: A2971 Newport Land &Development SIA.pdf» Cind)ff)erarJi Newport Land & Development • • .; Corp - Subdiv Improvement Agr TM25791 CITY OF PALM SPRINGS AGREEMENT #2971 CM Signed, 3-20-91 SUBDIVISION IMPROVEMENT AGREEMENT 7�1 THIS AGREEMENT, made and entered into this '—c day of "" 19 eil , by and between NEWPORT LAND AND DEVELOPMENT CORPURATION hereinafter collectively 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. 25791 in the City of Palm Springs , County of Riverside, for approval by City; and WHEREAS, as a condition precedent to the approval of said map by City, Sub- divider is required to offer for dedication those parcels of land intended for streets , highways and other public use, and also to construct and install or agree to construct and install certain improvements ; and WHEREAS, Subdivider, by said map, has offered for dedication to City for public use the streets and easements shown on 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 $ 89,324.00 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 "Lmprovement Plans for Parcel Map 25791 " , 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 $89,324.00 to assure the faithful performance of this Agreement, and one bond in the sum of 5 44,662.00 to assure payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby. 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 $ 13,400.00 Said maintenance bond shall remain in effect for a period of one year from date of acceptance of the improve- ments. 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. Subdivision Improvement Agreement Page 2 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 $1,425.00 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 con- structed 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 correc- tions 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 construc- tion 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 defective 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 the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Parcel Map #25791 " by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement. 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. Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBDIVIDER: By: �2r 1 ,tee By: _ l pia s voRl� Address Ci ty 7- OF PALM SPRING ZCAORNIA City Clerk ity M ager REVIEWED & APPROVED — APTIROVED € y Tl-';�- / c� STATE OF CALIFORNIA ,J� , COUNTYtOF lJ It LPt �i1�6 1� i= On /�' D ( ,fbef6re me the undersigned,a Notary Public in and for R said State,personally appeared �._ and �� E ,personally known to me(or proved to me on the ¢ c basis of satisfactory evidence be the persons who executed the within instrument as J a E —Presiden ntl Secretary,on behalf of 0 o 0 -- 0 m the corporation therein named,and acknowledged to me that OFFICIAL SEAL o 'n such corporation executed the within instrument pursuant to its SAMANTHA S. CLEMONS p `Q� I NOTARY FDNR NIA PR(NaPA OFFICE Iby-laws or a resole}ion ofits board of directors. RIVERSIDE COUNTY My Olmmissim E%p-A 9, 1993 ro WITNESS myHaryb and official seal. / r NO J„ ((i �! t0 �C\)7 fly/,a m Signature t `-%!'r �`�? �! Lvn (This area for official notarial seal) CITY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WHNDC700-01 WHL'REAS , the City Council of the City of Palm Springs , State of California, and .(herelnafter designate( l " ) have entered i, _ an agreement.wtere y principal agrees to install and complete certain designated public improvements, which said agreement, dated Feb . 26 19 91 and identified as project toa and mada a part hereafyend.� is hereby re erre WHEREAS, said principal is required under the terms of said agreement to furbish a bond for the faithful performance of said agreement, Winston Hill Assurance Company, Ltd. NOW, THUEPORC, we, the principal and 11111 Katy Freeway, Ste 800 Hoyston TX as surety, are held firmly bound unto the Gity of Palm Springs, hereina ter cabled 77079 ("Cit,y") , in the penal sum of Eigtt -Nine Thousand, Three Hundred & Twenty-four dollars (889 324 ) lawful money oT-t7ie"Unite S�tatess1 767 the payment of w"li-1ch sum well an - my 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 per- formed thereunder or the specifications accompanying the same shall in anywise affect { ts obligations on this band, 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 duly executed by the principal and surety above named , on March 8 �. 1991 - STATE OF CALIFORNIA ) )SS. COUNTY OF RIVERSIDE ) 1 On March 18 , 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN A. RUPE, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the within instrument as President and on behalf of NEWPORT LAND & DEVELOPMENT CORPORATION. WITNESS my hand and official seal. Signature �,,J"�w�V G )v�'✓L L ` PETER M. DONATH ` WIINSTON HILL ASSUI#ANCE COMPANY, Ltd. ADMINISTAAtIVE OFFICES HOUSTON OFFICES 21 CUMBERLANO STREET I I I I KATY FREEWAY SUITE 900 P.O.BOX SS 6362 HOUSTON,TEXAS 77079 NAS$AU•BAHAMAS TEL 7131461.1 Sol 6091328.5612 80pr936 336-888810 FAX:8DW28.7D45 FAX 14 POP= OF ATTORNRY KNOWN ALL )MN BY THESE PIXSENTS that Winston Hill Assurance Company Ltd. , does hereby nominate, constitute and appoint James C. bay its tru(a and lawful Attorney-In-Fact, to make, execute, seal and deliver on its behalf, and as its act and died any and all bonds, Undertakings, recognizances, contracts and other writings in the nature thereof and the execution of such writings in pursuance of these presents, such be as binding upon itilinstOn Hill Assurance Company Ltd. , as fully and amply, as it they had been duly executed and iacknowledged by the .regularly elected officers of Winston Hill Assurance company, Ltd. , at its principal office. IN WITNESS WHEIUMP, Ardeina Kelly, Vice President of Winston Hill Assurance Company Ltd. , has hereunto subscribed her name and affixed the seal of Winston Hill Assurance company, Ltd. , on this day of May i, 1990. ¢Set:1 ) Ardeina Kelly, Vi President Winston Hill As rance company State of Texas ) ss. Houston Harris County ) subscribe and sworn to before me this 1st day of March, 1991 by Ardeina Kelly known by me to be and individual and officer Of Winston Hill Assurance Company, Ltd. , who executed the -preceding interment and I hereby acknowledge that Ardeina Kelly, executed the q&me :seal affixed to the preceding instrument is the seal of Winston Hill Assurance company, Ltd. IN TRSTAMENT Tt EUMORE, I HAVE -HEREC3N'i'O uET MY WM AND AFFIXED )fY OFFICIAL NOTA)t!f SEAL. , GAUI 8ETSY 8. y IVAN p IBLIC Notary S¢a My Commiss Expires 2.9 9f t 1) =m • �� ,•: s r a • 3.2- � NORTH AA4EAICAN Rf,PRESENTATIVF OFFICE I t i;7 IG17'Y fREEh[4Y SUiTF.it600 %nOJ5'ON' r'7k1S 770791 (718)061.7Qf.11/1800)3,36.8810 i FAX ('13)4F7-P074 STA�PE OF TEXAS COUNTY O F HARR= S On March 8th , 1991 this instrument was acknowledged before me Betsy Gallivan, Notary Public, by James C. Day, as Attorney-In-Fact on behalf of Winston Hill Assurance Company, Limited. WITNESS my hand and official seal . tam Notary Public signature - a '• Betsy S. G<il, cyan Expiration 3\294 ? CITY OF PALM SPRINGS LABOR AND MATERIALS BOND o QQ11 WHEREAS; the city Council of the City of Palm springs , State of OCalifornia, ands Np ANIL-C .VF IPI ENT CORPORATION (hereina ter es gnated as pr ncipaT� ' Ave en erect intn an agreement w e"�i rely principal agrees to install and complete certain designated public improvements , which said agreement, dated Feb . 26 1991, and indentified as protect plce.1 � is hereby referred to and made a part hsreoI�and' WHEREAS , under the terms of said agreement, principal is required before entering upon .the performance of the work, to file a good And sufficient payment bond with the City of Palm Springs to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State or California , NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors , subcontract- ors , 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 Four Thousand Six Hundred & Sixty-Two Dollars 4a,s62 , or�matteerials "tu`rnisl elc or a ar t�e�reon of any Tine, or or 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 herelnabove 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 he 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 Titla 15 (commencing with Section 3082) of Part a of Division 3 of the Civil Code, so as to give a riyht of action to them ar 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 shalt 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, IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, nn Liarrh_ 8_ , T9 91 , STATE OF CALIFORNIA COUNTY OF RIVERSIDE )SS. s IOn March 18 , 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN A. RUPE, tor the awithin lly o wn to me o is su instrument and acknowledged be the person hthat nheeexecutedctheed within instrument as President and on behalf of NEWPORT LAND & DEVELOPMENT CORPORATION. WITNESS my hand and official seal. Signature ��( PE ER M. DONATH STA�rE OF TEXAS C OUNT Y O F HARR S S On March 8th , 1991 this instrument was acknowledged before me Betsy Gallivan, Notary Public, by James C. Day, as Attorney-In-Fact on behalf of Winston Hill Assurance Company, Limited. WITNESS my hand and official seal. ;qh63T Notary Public a.,,, signature Betsy S. 'ailivan Expiration 3\29\9 •`L Y WINSTON MILL ASSUF#'ANL:E COMPANY, Ltd. ADMINISTRATIVE OFFICES HOUSTON OFFICES 21 CUMBERLAND STREET 11111 KATY FREEWAY SUITE 600 P.O.Box SS 6362 HOUSTON,TEXAS 77079 NASSAU.BAHAMAS TEL 7131461.1991 6091326.5612 M336-8810 FAX:0091328.7045 FAX,461.2074 POW$R OF ATTORN" KNOWN ALL MEN BY THESE P1;XStWTS that Winston Hill Assurance Company Ltd. , does hereby nominate, constitute and appoint James C. Day its true and lawful Attorney--In-Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, oontraots and ether writings in the nature thereof and the execution of such writings in pursuance of these presents, such be as binding upon Fli.nston Hill Assurance Company Ltd. , as fully and amply, as if they had been duly executed and kcknowledged by the .regularly elected officers of Winston Hill Assurance Company, Ltd. , at its principal office. IN WITNESS WHJU EOF, Ardeina Kelly, Vice President of Winston Hill Assurance Company Ltd. , has hereunto subscribed her name and affixed the seal of Winston Hill Assurance Company, Ltd. , _ cn_ th,is day of May 11 1990. - Ardeina Kelly, Vi President Winston Hill As rance Company State Of Texas ) } Sao Houston Harris County } subscribe and sworn to before me this 1st day of March, 1991 by Ardeina Kelly known by me to be and individual and officer of Winston Hill Assurance Company, Ltd. , who executed the preceding interment and I hereby acknowledge that Ardeina Kelly, executed the s&me seal affixed to the preceding instrument is the seal of Winston Hill AE;surance Company, Ltd. IN TESTAMENT TEMWORE, I HAVE -HEREUNTO uET My HAND AND AFFIXED MY OFFICIAL NOTARY SEAL. . GALL/,,- SRTSY $, IVAN, NOTAP P BLIC $ My Commis Expires��z9 9f jNatary seal) .m r�7 t ORTr-IAM!iR/CANRF-PRESENTATIVF 'FICE 1 i i;7 Ki17Y FREER(4y SUiTF C600 %n,JUS%CN, rEA7 S 77079, (7 i5;Jfi 7-14,<.l i J(b00J.3,i6 &8 t 0 i FAX I713J 4f T-?074 CITY OF PALM SPRINGS BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION (Subdivision Agreement) KNOW ALL MEN BY THESE PRESENTS : That We, NEWPORT LAND AND DEVELOPMENT CORPORATION 61Q_. S; Helardo, Suite _1300 Palm Springs , CA 92262 as Principal , and Winston Hill Assurance Company, Ltd . 11111 Katy Freeway Ste 800 Houston, TIX 77079 as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA, in the suin of One Thousand Four Hundred 6 Twenty-Five Dollars ($ 425,00 __7 71 awful money of`tlle ' n to atos of mar ca, or a payment of wh ct sum, well and truly to be made, we bind ourselves , our heirs , executors and successors , jointly and severally, firmly by these presents . The condition of the foregoing obligation is such that whereas said Principal has , or is about to enter into the annexed agreement with the City of Palm Springs pursuant to the provisions of the Subdivision Map Act of the State of California and the Sub- division Ordinance of said City, for the setting of survey monuments in accordance with the provision of Sections 66495 through 66498 of the Subdivision Map Act and Article 969 of the Subdivision Ordinance of Lhe City of Palm Springs and as shown on the Map of Parcel Map No, 25791 WHEREAS the Principal , after setting the monuments , agrees to furnish the City Engineer of the City of Palm Springs written notice of the setting of said monuments and written proofs of having paid the Engineer or Surveyor for the setting of said monuments , all in accordance with the requirements of City's Subdivision Ordinance, NOW THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the times and in the manner specified therein, and shalt make full payments to all con- tractors , their subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement: in the prosecution of the work provided for in said agreement, then the above Obligations shall be void and of no effect; otherwise, it shall be and remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work Or improvements to be erformed thereunder or to the plans or specifications attached to said agreement shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the agreement or to the work or improvements or to the plans or specifications . In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay in addition to the above specified sum all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. STATE OF CALIFORNIA ) )SS. COUNTY OF RIVERSIDE ) lOn March 20 , 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN A. RUPE, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the within instrument as President and on behalf of NEWPORT LAND & DEVELOPMENT CORPORATION. WITNESS my hand and official seal. _ Y_bF1crA sr•.r-L Peter M. Donalh p e P mot 3• NOTAftIVEPGID1E COUNTYR Signature �r11 My Comm.E.P os Fob,lo,l09, 9s PETER M. DONATH STA�C'E OF TEXAS C OUN'T Y (DIP HARK= S On March 18th , 1991 this instrument was acknowledged before me Betsy Gallivan, Notary Public, by James C. Day, as Attorney-In-Fact on behalf of Winston Hill Assurance Company, Limited. WITNESS my hand and official seal. a 'w Notary Public �7 signature ✓`� Betsy S. Gal n Expiration 3\29\ "•;-° 3.29•`% nnxw� WINSTON HILL ASSU#ANC:ECOMPANY, Ltd. ADMINISTRATIVE OFFICES —�^ �^ ~y HOUSTON OFFICES 21 CUMHERI.AND STREET l l l I KATY FREEWAY SUITE 900 P.O'BOX ss 6302 HOUSTON.TEXAS 77079 NASSAU.BAHAMAS TEL 7131461.1991 609i326.5612 8001336-8810 FAX;809/326.7045 FAX 461.2074 POYM OF ATTOPM KNOWN A" XEN I9Y THESE PRZSENTS that Winston Hill Assurance Company Ltd. , does hereby nominate, constitute and appoint James C. Day its true and lawful Attorney--in-Fact, to make, execute, seal and deliver on its behalf , and as its act and d'�_-ed any and all bonds , Undertakings , recognizances, contraots and ether writings in the nature thereof and the execution of such writings in pursuance or these presents, such be as binding upon Winston Hill Assurance Company Ltd. , as fully and amply, as if they had been duly executed and acknowledged by the .regularly elected officers of Winston Hill Assurance Company, Ltd. , at its principal office. IN WITNESS WHMLEOF, Ardeina Kelly, vice President of Winston Hill Asnurance Company Ltd. , has hereunto subscribed her name and affixed the seal of Winston Hill Assurance company, Ltd. , on this day of May 11 1990. (Seal ) Ardeina Kelly, Vi President C4inston Hill As rance company State ;-Of Texas ) } as. Houston Harris county ) subscribe and aworn to before me this 1st day of March, 1991 by Ardeina Kelly known by me to be and individual and officer of Winston Hill assurance company, Ltd. , who executed the preceding interment and I hereby acknowledge that Ardeina Kelly, executed the same seal affixed to the preceding instrument is the seal of Winston Hill Assurance Company, Ltd. IN TZSTAMENT TBEREFCIRE, I HAVE -KMr R7`M c LT MY HAND AND AFFIXED NY OrFICIAL ROTARY SEAL. . BETSY Sj IVAN, NOTAR PPBLIC (Notary seal) _A!? 7 My Commss Expires z9 /15 s A NORTH AA4ERICANRF.ARE:ENTATIVF rF/CE 77i1l 61TY FREEV"4Y SUITE&60P %HOifSTON, tE,01577070 i(FOp/.3356810i FAX (713J4P7-,079