HomeMy WebLinkAbout02970 - BAYLESS ELFSTEN HOUSING TM 25964 SUBDIVISION Cindy Berardi
From: Carol Templeton
Sent: Tuesday, September 28, 2010 11:00 AM
To: Cindy Berardi
Subject: RE: TM25964: SIA A2970 Bayless/Elfsten Housing Group
Hi 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.templeton(a�pal mspringsca.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.
CONFIDENTIALITY NOTICE —This e-mail transmission, and any documents,
files or previous e-mail messages attached to it may contain information that is
confidential or legally privileged. If you are not the intended recipient, or a person
responsible for delivering it to the intended recipient, you are hereby notified that
you must not read this transmission and that any disclosure, copying, printing,
distribution or use of any of the information contained in or attached to this
transmission is STRICTLY PROHIBITED. If you have received this transmission
in error, please immediately notify the sender by telephone at (760) 323-8253
X8741 or return e-mail and delete the original transmission and its attachments
without reading or saving in any manner.
From: Cindy Berardi
Sent: Tuesday, September 28, 2010 9:02 AM
To: Carol Templeton
Subject: TM25964: SIA A2970 Bayless/Elfsten Housing Group
Can the attached Subdivision Imp Agr be closed? << File: A2970.pdf»
C inc'q bcrardi
Deputy City ClerL
office of the (jt'q Ierlc
Bay
en
ousing
0 LTD1- SubdivtImprlovementGAgrp
TM25964
AGREEMENT #2970
CITY OF PALM SPRINGS CM Signed, 3-26-91
SUBDIVISION IMPROVEMENT AGREEMENT
TFIIS AGREEMENT, made and entered into this : day of �V" 19 it ,
by and between BAYLESS/ELFSTEN HOUSING GROUP LTD
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 Tract
No. 25964 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 $ 959,155.00
,
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 Tract 25964 " , 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 $ 959,155.00 to assure the
faithful performance of this Agreement, and one bond in the sum of T479,578.00
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 $ 92,196.00 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 $ 29,025.00 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 Tract No..25964 " 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
By. slC
l
312 Broadway, Suite 100
Address
Laguna Beach, Ca. 92651
City
joMana
Ver-
REVIEWEDNIA
_
City Clerk& APPROVED
APPROWD BY THE CITY COUNCIL
BYRES. NO
STATE OF CALIFORNIA )
) ss .
COUNTY OF ORANGE )
On this day of in the year 'q'FQ , before
me, the undersigned, a Notary Public in and for said State ,
personally appearedMyppdA. M�GeutC4491^A.£tCs/E.c� and proved
to me on the basis of satisfactory evidence to be the
person(s) who executecy this strument as S'fa449A.L ?'"rAwas
of �AyL�sS�BGFsTJaKsidl,' Qo�P, he corporation therein
named.
WITNESS my and and official seal .
yb. . ;ry4 „ rtisue-cruFora�e
Sig a ure of Not ry u lic R k",' rn�ao-vcaG'-wal
ti , >
�r 4�canny.fxphr;;Sept.2�i.19,2
b85 EAST CARNeaE DRIVE
LYE 7t 1U TE 180
SAID BERNARDIN O,CAN OREIIA 9240B
TEH N IONE 7141889-_1791
SUPERSEDE INSTRUMENT OF CREDIT
DATED 12/20/90
January 7, 1991
INSTRUMENT OF CREDIT IN LIEU
OF PERFORMANCE SURETY BOND
City Council
City of Palm Springs
SUBJECT: INSTRUMENT OF CREDIT DELIVERED AS IMPROVEMENT SECURITY - TRACT 25964
Gentlemen:
Coast Bank, a financial institution subject to regulation by the State of California
and/or the United States Government, delivers to the City of Palm Springs this
instrument of credit as improvement security as required by Section 66499 at seq.
of the Government Code and in the Riverside County Development Code, as enacted
and in force within the City of Palm Springs.
The undersigned pledges that the sum of $959,155.00 for Faithful Performance and
the sum of $479,578.00 for Labor and the sum of $92,196.00 for Maintenance and
the sum of $29,025.00 for Monuments for a total combined sum of $1,559,954.00
is now on deposit and set-aside by Coast Bank for the Bayless-Elfsten Housing
Group Ltd. (herein called "Contractor") and the City of Palm Springs agreement
dated which provides for the construction of the road improvements
and the water improvements relating to Tract 25964, all in accordance with the
plans and specifications on file with the City Engineer, or any amendments
thereof.
The undersigned agrees to maintain the above-described deposit in a trust fund
which shall not be subject to levy or attachment by any creditors of Contractor
or the undersigned until the above-described improvements have been completed
to the satisfaction of the City Engineer and the funds released by the City
of Palm Springs.
Payments of the whole or any portion of the above sum will be made to the City
of Palm Springs upon written demand of the City Manager or the City Council,
without proof of loss. Release of the whole or any portion of said sum by
written order of the City of Palm Springs shall be made only after the
acceptance of the work by the City of Palm Springs pursuant to the rules
established for such acceptance by the said City.
City of Palm Springs
January 7, 1991
PAGE 2
When the work covered by the agreement is completed, the City of Palm Springs
will accept the work and thereupon the amount of the obligation of this security
for the one-year guarantee period provided for in the Agreement.
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 fees incurred by any claimant or
the City in sucessfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
This Instrument of Credit is irrevocable.
COAST BANK
'Richard D. �Anderson
ISr. Vice President
• r
i
BY:
Hing firoo
Asrtant Vice President
RDA:hw �/
CORPORATION
STATE OF California
�COUNTYOF San Bernardino �SS.
On this 7tb day of SaTnrary , in the year-J-92L_,
before me, the undersigned, a Notary Public in and for said State, personally
appeared - Richard D Ander'^+On tN�NNN�N�N��N�N�N9NN
and Hing Woo _ OFFICIµ,5E1L
EX personally known to me SANDRA M. PARMER
❑proved to me on the bases of satisfactory evidence Qi NOTARY PUBLIC-CALIFORNIA PRINCIPALOFFICE IN
to be the persons who executed the within instrument as Senior or ;'. BAN BERNARDINO COUNTY
V eP residentand Asst.. Vic Pr c+ respectively, My Canniubn Exp.July 75,19
P Stt N�N�•�NNNN�NNNN�NNNN
of the corporation therein named and acknowledged tome that the corporation exe-
cuted it pursuant to its by-laws or a resolutio of I board of directors.
Ignatu e-- �C �1- li Ma�/� J (This area for official seal)
716 NOTARY PUBLIC IN AND FOR SAID STATE
66;CAST CARNEGIC ORM
�. — .. SuIFI 188
SAIJ BtRNnRL]INO,CA LIFUR NIA 9'3(Lt
THFPHO N' ii111884-279I
December 20, 1990
INSTRUMENT OF CREDIT IN LIEU
OF PERFORMANCE SURETY BOND
City Council
City of Palm Springs
SUBJECT: INSTRUMENT OF CREDIT DELIVERED AS IMPROVEMENT SECURITY - TRACT 25964
Gentlemen:
Coast Bank, a financial institution subject to regulation by the State of California
and/or the United States Government, delivers to the City of Palm Springs this
instrument of credit as improvement security as required by Section 66499 at seq.
of the Government Code and in the Riverside County Development. Code, as enacted
and in force within the City of Palm Springs.
The undersigned pledges that the sum of $959,155.00 for Faithful Performance and
the sum of $479,578.00 for Labor and the sum of $92,196.00 for Maintenance and
the sum of $29,025.00 for Monuments for a. total combined sum of $1,559,954.00
is now on deposit and set-aside by Coast Bank for the Bayless-Elfsten Housing
Group Ltd. (herein called "Contractor") and the City of Palm Springs agreement
dated which provides for the construction of the road improvements
and the water improvements relating to Tract 25964, all in accordance with the
plans and specifications on file with the City Engineer, or any amendments
thereof.
The undersigned agrees to maintain the above-described deposit in a trust fund
which shall not be sujbect to levy or attachment by any creditors of Contractor
or the undersigned until the above-described improvments have been completed
to the satisfaction of the City Engineer and the funds released by the City
of Palm Springs.
Payments of the whole or any portion of the above sum will be made to the City
of Palm Springs upon written demand of the City Manager or the City Council,
without proof of loss. Release of the whole or any portion of said sum by
written order of the City of Palm Springs shall be made only after the
acceptance of the work by the City of Palm Springs pursuant to the rules
established for such acceptance by the said City.
City of Palm Springs
December 20, 1990
PAGE 2
When the work covered by the agreement is completed, the City of Palm Springs
will accept the work and thereupon the amount of the obligation of this security
for the one-year guarantee period provided for in the Agreement.
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 fees incurred by any claimant or
the City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
This Instrument of Credit is irrevocable.
COAST BANIL
R}chard D. Anderson
Sir. Vice President
BY:
Hing , 00
Ass- taut Vice President
RDA:hw