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HomeMy WebLinkAbout02853 - FAR WEST INDUSTRIES TM 24853-1 SUBDIVISION Curdy 196rarirdi From: Carol Templeton Sent: Wednesday, September 29, 2010 5:26 PM To: Cindy Berardi Subject: RE: TM24853 (Park San Rafael): A2853 Far West Industries SIA 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)palmspringsca.gov http://www.qcode.us/codes/paimsprincis/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: Wednesday, September 29, 2010 1:59 PM To: Carol Templeton Subject: TM24853 (Park San Rafael): A2853 Far West Industries SIA Can the attached by closed? << File: A2853 Far West Industries SIA.pdf» .ITrJy f5er r-Ai ..:le-C Office Of the C:itt.i City of Palm Springs P. O. Box 2743 Far West Industries •Subdivision Improvement Agr. AGREEMENT #2853-t-eel zr en7 R19608, 7-7-99 PLEASE COMPLETE THIS INFORMATION DOC # 1999-325152 RECORDING REQUESTED BY: 07/21/1999 08:00A Fee:NC Page 1 of 19 CITY OF PALM SPRINGS Recorded in Official Records County of Riverside AND WHEN RECORDED MAIL TO: Gary L. Orso Assessor, Countyi Clerk & Recorder City of Palm Springs 3200 E.Palm Sprn gs, CA 92263 Way III II I I I I I II II III III III III III Attn: City Clerk M 5 U PAGE SIZE DA PCOR NOCOR SMF MISC v :Al L CGPY LONG E., NCHG E%AA1 Title of D ument SF THISS R F0 ' U ' ON .Y THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION G:\RECORDER\RECORD REQ SUBDIVISION IMPROVEMENT AGREEMENT by and between CITY OF PALM SPRINGS and FAR WEST INDUSTRIES, INC. 1999-325152 2 of 19 Subdivision Improvement Seement • TABLE OF CONTENTS 1 . Construction Obligations......................................... 1 1 .1 Works of Improvement................................... 1 1 .2 Other Obligations Referenced in Conditions of Tentative Map Approval.................................. 2 1 .3 Intent of Plans............................................... 2 1 .4 Survey Monuments........................................ 2 1 .5 Performance of Work..................................... 3 1 .6 Changes in the Work...................................... 3 1 .7 Defective Work.............................................. 3 1 .8 No Warranty by City....................................... 3 1 .9 Authority of the City Engineer.......................... 3 1 .10 Documents Available at the Site....................... 3 1 .11 Inspection...................................................... 3 1 .12 Compliance with Law...................................... 4 1 .13 Suspension of Work........................................ 4 1 .14 Final Acceptance of Works of Improvement....... 4 2. Time for Performance............................................... 5 2.1 Commencement and Completion Dates............. 5 2.2 Phasing Requirements..................................... 5 2.3 Force Majeure................................................ 5 2.4 Continuous Work............................................ 6 2.5 Reversion to Acreage...................................... 6 2.6 Time of the Essence........................................ 6 3. Labor...................................................................... 6 3.1 Labor Standards.............................................. 6 3.2 Nondiscrimination............................................ 6 3.3 Licensed Contractors........................................ 7 3.4 Workers' Compensation.................................... 7 4. Security.................................................................... 7 4.1 Required Security............................................. 7 4.2 Form of Security Instruments............................. 8 4.3 Subdivider's Liability.......................................... 9 4.4 Letters of Credit................................................ 9 4.5 Release of Security Instruments.......................... 10 i IIIIII IIIII IIIII IIIIII IIIII I I IIIIIII III IIIII IIII II I I999 e ofs 19 07 00F Subdivision Improvement *ement . 5. Cost of Construction and Provision of Inspection Service...................................................................... 11 5.1 Subdivider Responsible for All Related Costs of Construction..................................................... 11 5.2 Payment to City for Cost of Related Inspection and Engineering Services.................................... 11 6. Acceptance of Offers of Dedication............................... 11 7. Warranty of Work........................................................ 11 8. Default....................................................................... 12 8.1 Remedies Not Exclusive...................................... 12 8.2 City Right to Perform Work................................. 12 8.3 Attorney's Fees and Costs.................................. 12 9. Indemnity................................................................... 12 10 General Provisions....................................................... 13 10.1 Successors and Assigns..................................... 13 10.2 No Third Party Beneficiaries................................ 13 10.3 Entire Agreement; Waivers and Amendments....... 13 11 . Corporate Authority.................................................... 13 i I IIIII IIII I I I II II III I III111111111111 III e�z999 oc 1/1 SisGaeR Subdivision Improvement Joeement , SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this '�t� day of 199 / , by and between the CITY OF PALM SPRINGS, a municipal c-'pora ion of the State of California ("CITY"), and Far West Industries, Inc. ("Subdivider"), RECITALS A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract No. 24853-1 in the City of Palm Springs, County of Riverside, State of California (the "Property"). The map contains conditions of approval for the development of the Property (the "Conditions"). B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to City the easements shown on the Map as Lots "A" thru "C". City desires to accept the easements shown on the Map as Lot(s) "A" thru "C" as easements for public use for street and public utility purposes 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 (herein sometimes collectively referred to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to l 2 II III I I III II I I III 1111111111111111 e7 2L'9 903 eee Subdivision Improvement A!feement • herein as the "Plans"). The estimated construction cost for the Works of Improvement is $162,400.0C1.. 1 .2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit "A" hereto. 1 .3 Intent of Plans. The intent of the Plans referenced in Section 1 .1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plains, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final. Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved. 1 .4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s). 1 .5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement. 1 .6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a?z936 £519�aaA Subdivision Improvement Jeeement • 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 Cif. 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 Citv Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's Contractor. 1 .10 Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times. 1 .11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not 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. 4 IIII IIIIII I III IIIIII IIII III IIIIIII I III II II 07/21,' ss es?eaR of 19 Subdivision Improvement *eement • The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 1 .12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. 1 .13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1 .11 . In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary. 1 .14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. It items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance. 2. Time for Performance. 2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement on or before June 3, 2001 . 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a7r2998of5iseee Subdivision Improvement Oeement • 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 Majeure. Notwithstanding the provisions of Section 2.1 , Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final. 2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. 2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 6(3499.11-66499.20-3/4. 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. 6 IIIIII IIIIII IIIII IIIIII IIII III IIIIIII III IIIII IIII IIII 07 e of s 19 e Subdivision Improvement *eement • 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. 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 $162,400.00 estimated construction costs listed in Section 1 .1 . 7 III II I I I III II I I III 1111111111111111 07/21/ ass ee200e 0 of 19 Subdivision Improvement Oeement (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 tc $81 ,200.00 of the estimated construction cost referenced in Section 1 .1 . (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1 .4 in the amount of $ NA of the estimated monumentation cost. This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted far a period of one (1 ) year following said acceptance ("Maintenance and Warranty Security Instrument"), with the amount of such Security Instrument to be equal to $6,000.00 of the estimated construction cost set forth in Section 1 .1 or a suitable amount determined by the City Engineer. 4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney: (a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Bestt's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's. (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, Irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the Director, Department of Transportation of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to s IIII IIIIII IIIII IIIII IIIIII IIIIIIIIII III IIIII III III e7,21/ 9af 0&&A Subdivision Improvement A#eement • 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 Springs, State of California (and the Security Instrument shall so provide). (ii) Each Security Instrument shall have a minimum term of one (1 ) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date). (iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4. 4.4 Letters of Credit. (a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a 9 94 IIIII ivill IIIII III IIIIIII III IIIIII III IIII a�2IV ssas 9eeA Subdivision Improvement Oeement replacement letter of credit (expiring in not less than one (1 ) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for thie 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; (ii) the Works of Improvement have been accepted; (iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and (iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 31 14) 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. io I IIII I IIIIII IIIII IIIIII III II III IIIIIII III IIIIII III IIII 88813 s of 19 a z eR Subdivision Improvement *eement • (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 5. Cost of Construction and Provision of Inspection Service. 5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works. 5.2 Payment to City for Cost of Related Inspection and Engineering Services. Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections. 6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen 0 5) 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 I tt IIIIII IIIIII IIIII IIIIII IIIII III IIIIIII III IIIIII III IIII e're999 a o es 9Gem Subdivision Improvement *1eement , herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by lave. 8. Default. 8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such 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 Attornev's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such 12 II II I I I I III II I 1111111111111111111 II 0?112999 61 eaA 199 18 Subdivision Improvement *cement indemnity obligation shall not extend to any loss resulting from City's sole negligence or wilful misconduct. 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. 11 . Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. 13 III HIM I 1111111111111111111111111111111111111111111111111 II 97 2199 -325152 1/19 9 G8: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On 6/23/99 before me, Patrisha L. Fitzgerald, a Notary Public a e -f aTi e oil—T6f ice '�ane�oe"T�o awry Pu is Personally appeared Scott A. Lissoy and Albert O. Lissoy ame s of Signer(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 acknowledged to me that he�she/they executed the same in bis/hhef/their authorized capacity(ies), and that by hriMieF/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, Pnri5M Dl,ar 112G LD executed the instrument. � WIT��S�my ha fl i I'sea MY Comm.E�-r�'-rs Jrul 3,20'r, l,, 2L .lLSP' w'" "�`•n igna a olary OPTIONAL Though the data below is not required by law, it may prove vluable 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 Subdivision Improvement Agreement Vice President & President Title of Type of Document ❑ Title(s) 16 ❑ Partners Number of Pages ❑ Attorney-in-Fact N/A ❑ Trustee(s) Date of Document ❑ Guardian/Conservator N/A ❑ Other Signer(s) otherthan named above SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Far West Industries IIIIII IIII I III II II III I I II II III III 07 2991s9 f08900R Subdivision Improvement Oreement EXHIBIT "A" CONDITIONS OF TENTATIVE MAP APPROVAL APPLICABLE TO PROJECT 1 . The developer shall participate in the cost of traffic signal installation at Avenida Caballeros and San Rafael Road. Said cost shall be 50% of design and construction. (The cost at time of approval was $50,000.00 total - northeast and northwest corners of said intersection) 2. Construct final 1-inch lift of ac pavement on all streets. 3. Raise manhole covers and water valves to grade. 4. Install remaining street name signs and stop signs. EXHIBIT "A" IIIIIIIIIIIIIIIIII 9 IIIIII IIIII III IIIIIII III IIIIIIIIIIIII 07 2�199£019 jcl's�k City of Palm Springs Engineering Department a3200 Tahquitz Canyon Way East Palm Springs, CA 92262 Phone: (760) 323-8253 Fax: (760) 322-8360 MEMORANDUM Date : June 1, 2001 To : Patricia A. Sanders, City Clerk "V\U\'\ From: Marna Van Horn, Engineering Associate Subject : Tract 24853-1 - Release of Letters of Credit The street improvements for the above referenced tract have been completed and accepted by the Engineering Field Supervisor and the City Engineer. It is okay to release the Letters of Credit listed below to BYL Bank Group, Orange Regional Loan Center, Attn: Sandra Miller, Vice President, 18206 Imperial Highway, P. O. Box 279, Yorba Linda, CA 92885-0279 . Irrevocable Letters of Credit 99-02-032 99-02-033 99-02-034 Please let me know when this has been completed. Thank you. cc Scott Lissoy (fax 949-224-1963) - t� Sandra Miller (fax 714-986-2311) 6 Y BYL PBANK GROUP CONSTRUCTION FINANCE DIVISION June 8, 1999 EV Marna Van HornEngineering Associate City of Palm Springs Engineering Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92260 RE: BYL Bank Group Letters of Credit Vintage Palms Project-Tract No. 24853-1 Dear Ms. Van Horn, In accordance with our discussion enclosed are the following Letters of Credit issued by BYL Bank Group on behalf of Lissoy Family Trust for the benefit of City of Palm Springs: Number Amount Date of Issue 99-02-032 $162,400 June 3, 1999 99-02-033 $81,200 June 3, 1999 99-02-034 $6,000 June 3, 1999 Thank you for your assistance. Sincerely, W. Calvin Coles Senior Vice President Manager Construction Financing Divisio a cc: Lissoy Family Trust I8206 Imperial Highway •Yorba Linda, CA 92886 •(7I4) 986-232I •Fax (7I4) 986-2324 BU BANK GROUP ADMINISTRATION IRREVOCABLE LETTER OF CREDIT 999-02-032 Issued by BYL Bank Group Date of Issue: June 3, 1999 Date of Expiry: June 3. 2000 (except as provided below) Place of Expiry: Any authorized BYL Bank Group branch office Issued on behalf of ("Applicant"): For the benefit of("Beneficiary"): Lissoy Family Trust City of Palm Springs c/o Far West Industries P. O. Box 2743 2913 So. Pullman Street Suite B 3200 E. Tahquitz Canyon Way Santa Ana, California 92705 Palm Springs, California 92263-2743 I n the amount of: One Hundred and Sixty-two Thousand. Four Hundred and no/100tks Dollars ($162 400.00 USD) BYL Bank Group hereby establishes in favorof Beneficiary this Irrevocable Letter of Credit No.99-02-032 available with BYL Bank Group by payment of Beneficiary's draft at sight drawn on BYL Bank Group accompanied by a statement from Beneficiary executed by a person(s) purporting to be City Manager and/or City Engineer of Beneficiary, or authorized agent thereof in one or both of the forms set forth in Exhibit"1"attached hereto. Drafts drawn under this Letter of Credit must bearthe clause"Drawn underBYL Bank Group Letterof Credit#99-02-032 dated June 3, 1999." Partial drawings permitted. Each draft presented hereunder must be accompanied by this original credit for BYL Bank Group's endorsement thereon of the amount of such draft. These documents must be forwarded to: BYL Bank Grouo Attn: Credit Administrator, 1875 N. Tustin Ave.. Orange, CA 92865 for payment. BYL Bank Group shall have no duty to and shall not investigate into the veracity of any certification to be given under the terms of the Letter of Credit, but shall be entitled to rely solely upon receipt of such certification in permitting draws under this Letter of Credit. Applicant's sole recourse in the event of any false certification by the Beneficiary shall be against Beneficiary and there shall be no recourse against BYL Bank Group provided that issuer BYL Bank Group has complied with its obligations under this Letter of Credit. This Letter of Credit shall be automatically extended,without amendment,for an additional period up to 12 months from the present expiration date, unless not less than thirty(30)days priorto any expiration date, BYL Bank Group shall notify Beneficiary in writing that either BYL Bank Group or Applicant elected not to renew or extend this Letter of Credit for such additional period, nor has Applicant procured a replacement letter of credit, at which time Beneficiary may draw against this Letter of Credit by presenting its draft and certification as stated above. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Public ion No. 500 and engages us in accordance with the terms hereof. Michael H. Mullarky, EVP Authorized Signer/BYL Bank Group I87S N.Tustin Ave. •Orange, CA 92865 •(7I4) 685-I3I7 EXHIBIT "1" TO LETTER OF CREDIT TO: BYL BANK GROUP 1875 N. Tustin Ave. Orange, CA 92865 RE: LETTER OF CREDIT NO. #99-02-032 dated June 3, 1999 The undersigned hereby represents, warrants and certifies as follows: [Alt 1] ( ) Beneficiary (City of Palm Springs) is entitled to draw under this Letter of Credit by reason of a breach or default by Applicant(Lissoy Family Trust)in payment orperformance under that certain Subdivision Improvement Agreement dated by and between Applicant(Lissoy Family Trust) and Beneficiary (City of Palm Springs). [Alt 2] ( ) Applicant (Lissoy Family Trust) has failed to deliver to Beneficiary (City of Palm Springs) either evidence of renewal of this Letter of Credit or a replacement letter of credit and Beneficiary is therefore entitled to draw under this Letter of Credit by reason thereof. CITY OF PALM SPRINGS, CALIFORNIA City Manager or City Engineer BY1A BANK GROUP ADMINISTRATION IRREVOCABLE LETTER OF CREDIT #99-02-033 Issued by BYL Bank Group Date of Issue: June 3, 1999 Date of Expiry: June 3, 2000 (except as provided below) Place of Expiry: Any authorized BYL Bank Group branch office Issued on behalf of ("Applicant"): For the benefit of ("Beneficiary"): Lissoy Family Trust City of Palm Springs c/o Far West Industries P. O. Box 2743 2913 So. Pullman Street Suite B 3200 E. Tahquitz Canyon Way Santa Ana, California 92705 Palm Springs, California 92263-2743 In the amount of: Eighty-one thousand. Tivo Hundred and no/100ths Dollars ($81200.00 USD) BYL Bank Group hereby establishes in favor of Beneficiary this Irrevocable Letter of Credit No.99-02-033 available with BYL Bank Group by payment of Beneficiary's draft at sight drawn on BYL Bank Group accompanied by a statement from Beneficiary executed by a person(s) purporting to be City Manager and/or City Engineer of Beneficiary, or authorized agent thereof in one or both of the forms set forth in Exhibit"1"attached hereto. Drafts drawn underthis Letter of Credit must bear the clause"Drawn underBYL Bank Group Letferof Credit#99-02-033 dated June 3, 1999." Partial drawings permitted. Each draft presented hereunder must be accompanied by this original credit for BYL Bank Group's endorsement thereon of the amount of such draft. These documents must be forwarded to: BYL Bank Group Attn: Credit Administrator, 1875 N. Tustin Ave.. Orange, CA 92865 for payment. BYL Bank Group shall have no duty to and shall not investigate into the veracity of any certification to be given under the terms of the Letter of Credit, but shall be entitled to rely solely upon receipt of such certification in permitting draws under this Letter of Credit. Applicant's sole recourse in the event of any false certification by the Beneficiary shall be against Beneficiary and there shall be no recourse against BYL Bank Group provided that issuer BYL Bank Group has complied with its obligations under this Letter of Credit. This Letter of Credit shall be automatically extended,without amendment,for an additional period up to 12 months from the present expiration date,unless not less than thirty(30)days prior to any expiration date, BYL Bank Group shall notify Beneficiary in writing that either BYL Bank G roup or Applicant elected not to renew or extend this Letter of Credit for such additional period, nor has Applicant procured a replacement letter of credit,at which time Beneficiary may draw against this Letter of Credit by presenting its draft and certification as stated above. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500 and engages us in accordance with the terms hereof. 149� - xl_,�I H. Mullarky, EVP Authorized Signer/BYL Bank Group I875 N.Tustin Ave. -Orange, CA 92865 •(7I4) 685-I3I7 EXHIBIT "1" TO LETTER OF CREDIT TO: BYL BANK GROUP 1875 N. Tustin Ave. Orange, CA 92865 RE: LETTER OF CREDIT NO. #99-02-033 dated June 3, 1999 The undersigned hereby represents, warrants and certifies as follows: [Alt 1] ( ) Beneficiary (City of Palm Springs)its entitled to draw under this Letter of Credit by reason of a breach or default by Applicant(Lissoy Family Trust)in payment or performance under that certain Subdivision Improvement Agreement dated by and between Applicant (Lissoy Family Trust) and Beneficiary (City of Palm Springs). [Alt 2] ( ) Applicant (Lissoy Family Trust) has failed to deliver to Beneficiary (City of Palm Springs) either evidence of renewal of this Letter of Credit or a replacement letter of credit and Beneficiary is therefore entitled to draw under this Letter of Credit by reason thereof. CITY OF PALM SPRINGS, CALIFORNIA City Manager or City Engineer • 0 BYIA 1 BANK GROUP ADMINISTRATION IRREVOCABLE LETTER OF CREDIT #99-02-034 Issued by BYL Bank Group Date of Issue: June 3, 1999 Date of Expiry: June 3. 2000 (except as provided below) Place of Expiry: Any authorized BYL Bank Group branch office Issued on behalf of("Applicant"): For the benefit of("Beneficiary"): Lissoy Family Trust City of Palm Springs c/o Far West Industries P.-O. Box 2743 2913 So. Pullman Street Suite B 3200 E. Tahquitz Canyon Way Santa Ana, California 92705 Palm Springs, California 92263-2743 In the amount of: Six Thousand and no/IOOths Dollars ($6 000.00 M) BYL Bank Group hereby establishes in favor of Beneficiary this Irrevocable Letter of Credit No. 99-02-034 available with BYL Bank Group by payment of Beneficiary's draft at sight drawn on BYL Bank Group accompanied by a statement from Beneficiary executed by a person(s) purporting to be City Manager and/or City Engineer of Beneficiary, or authorized agent thereof in one or both of the forms set forth in Exhibit"1" attached hereto. Drafts drawn under this Letter of Credit must bear the clause"Drawn under BYL Bank Group Letter of Credit#99-02- 034 dated June 3, 1999." Partial drawings permitted. Each draft presented hereunder must be accompanied by this original credit for BYL Bank Group's endorsement thereon of the amount of such draft. These documents must be forwarded to: BYL Bank Group, Attn: Credit Administrator, 1875 N. Tustin Ave.. Orange CA 92865 for payment. BYL Bank Group shall have no duty to and shall not investigate into the veracity of any certification to be given under the terms of the Letter of Credit, but shall be entitled to rely solely upon receipt of such certification in permitting draws under this Letter of Credit. Applicant's sole recourse in the event of any false certification by the Beneficiary shall be against Beneficiary and there shall be no recourse against BYL Bank Group provided that issuer BYL Bank Group has complied with its obligations under this Letter of Credit. This Letter of Credit shall be automatically extended, without amendment, for an additional period up to 12 months from the present expiration date, unless not less than thirty (30) days prior to any expiration date, BYL Bank Group shall notify Beneficiary in writing that either BYL Bank Group or Applicant elected not to renew or extend this Letter of Credit for such additional period, nor has Applicant procured a replacement letter of credit, at which time Beneficiary may draw against this Letter of Credit by presenting its draft and certification as stated above. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber f Commerce Publicatio No. 500 and engages us in accordance with the terms hereof. Michael H. Mullarky, EVP Authorized Signer/BYL Bank Group I87S N.Tustm Ave. -Orange, CA 92865 •(7I4) 68S-I3I7 EXHIBIT "1" TO LETTER OF CREDIT TO: BYL BANK GROUP 1875 N. Tustin Ave. Orange, CA 92865 RE: LETTER OF CREDIT NO. 499-02-034 dated June 3, 1999 The undersigned hereby represents, warrants and certifies as follows: [Alt 1] ( ) Beneficiary (City of Palm Springs) is entitled to draw under this Letter of Credit by reason of a breach or default by Applicant(Lissoy Family Trust)in payment or performance under that certain Subdivision Improvement Agreement dated by and between Applicant (Lissoy Family Trust) and Beneficiary (City of Palm Springs). [Alt 2] ( ) Applicant (Lissoy Family Trust) has failed to deliver to Beneficiary (City of Palm Springs) either evidence of renewal of this Letter of Credit or a replacement letter of credit and Beneficiary is therefore entitled to draw under this Letter of Credit by reason thereof. CITY OF PALM SPRINGS, CALIFORNIA City Manager or City Engineer City of Palm Springs • Engineering Department 3200 Tah.quitz Canyon Way East Palm Springs, CA 92262 Phone: (760) 323-8253 Fax: (760) 322-8360 MEMORANDUM Date : July 15, 1999 To : Trisha Sanders, Acting City Clerk btA U From: Marna Van Horn, Engineering Associate Sub]ect : Release of Instruments of Credit of Tract 24853-1 Redlands Federal Bank The above referenced Instruments of Credit have been replaced with Irrevocable Letters of Credit for this tract map. The City Council approved the substitution of security at the July 7, 1999 City Council meeting. Please give me the original Instruments so they can be returned to the Redlands Federal Bank now owned by Calfed. , \�` S GRYLES STUDIO 325 0817 05-27-93 09: 14 (491 #6 NSTRifMENT OF CREDIT ORIGINAL (Survey Monument Security) j The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of Six Thousand Dollars ($ 6.000.00 ) and on deposit by Markham San Rafael Partnership , hereinafter referred to as Improver, for the purpose securing payment of engineer or surveyor for setting survey monuments in accordance with the terms and conditions of that certain Agreement for Completion of Monumentation Work dated lay 30L1991 , by and between Improver and the City of Pala springs, a Municipal corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeinn the payment thereof to the City of Palm springs or such port o,. thereof as said City may request for the completion of Monumentati -et £ th i1, said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by improver in Improver's monumentation of the terms and conditions of said Agreement, signed by the Director of Public Works of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Public Works of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument of Credit bearing the same date guaranteeing payment, faithful performance of labor and materials under said Improvement Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Dated at Redlands California, this 27 day of May 1993 . Re an FArlprpl Bank By Roger Steelman, Executive V.P. Page 1 of 2 } ' GAYLES STUDIO 325 0317 05-27-93 09: 15 [491 #7 Instrument Of Credit (Survey Monument Security) Page 2 of 2 The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Dated at Redlands , California, this 27 day of May , 19 93. Markham San Rafael Partnership By: Approved: i Mark Anthony Development Corporation Managing General Partner Director of Public Works By. v�� /5 '/��? � City of Palm Springs L Harry B. Crockett, V.P. Approved as to form: - City Attorney City of Palm Springs I GRYLES STUDIO 325 0817 05-27-93 09: 15 1491 #8 INSTRUMENT OF CREDIT O R i G l A L (Maintenance of Improvement Security) r The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges that moneys to the extent of One Hundred Fifty Thousand Nine Hundred Fifty-SevenDollars ($ 150,957.00 ) and on depot by Markham San Rafael Partnership , hereinafter referred to as Improver, for the purpose of securing payment for the maintenance of all improvements in accordance with the terms and conditions of that certain Agreement for Completion of Improvement Work dated May 30 1991 , by and between Improver and the City of Palm Springs, a Hun c pal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for the maintenance of said improvements set forth in said Agreement in event of default by Improver. The undersigned agrees 'that upon receipt of written notice of default by Improver in Improver's maintenance of improvements in accordance with the terms and conditions of said Agreement, signed by the Director of Public Works of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm springs. - The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Public Works of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instruments of Credit bearing the same date guaranteeing payment, faithful performance of labor and materials, monumentation under said Improvement Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Dated at Redlands California, this 27 day of May 19 93 d an deral Bank By Roger Steelman, Executive V.P. ORIGINAL Page 1 of 2 GRYLES STUD10 325 0817 05-27-93 09: 16 1491 #9 Instrument Of Credit (Maintenance Of Improvement security) �� 1 -' Page 2 of 2 ? The undersigned, being the Improver referred to in the foregoing Instrument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of credit from all liability except as therein specifically set forth. Dated at Redlands , California, this 27 day of May , 19�3. Markham San Rafael Partnership By: Approved: . Mark Anthony Development Corporation Managing General Partner Director of Public works By' /jam City of Palm Springs L Harry B. Crockett, V.P. Approved as to form: City Attorney City of Palm Springs GRYLES STUDIO 325 0817 05-27-93 09: 12 1491 #2 INSTRUMENT OF CREDIT ORIGINAL (Labor and Material) 1 _ The undersigned, being a financial institution which is subject to regulation by the state of California or by the Federal Government hereby pledges that moneys to the extent of xxxxDn000uQ= Ei_ghty-One Thousand Two Hundred Dollars ($ 81,200.00 ) and on deposit by Markham San Rafael Partnership hereinafter referred to as Improver, for the purpose of securing"payment to the engineer, contractor, his sub-contractors and to persons renting equipment or furnishing labor or materials to them for the improvement provided for that certain Agreement for Completion of Improvement Work dated My 30 1991 , by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion thereof as said City may request for payment to the engineer, contractor, his subcontractor and to Pei-sons renting equipment or furnishing labor or materials to them in construction of the improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's payment of payment as above set forth, signed by the Director of Public Works, the undersigned shall immediately pay said funds or such amount thereof as shall be set .forth in said notice, to the City of Palm Springs. The undersigned further agrees that it shall hold said funds t" on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Public Works of said City to the effect that all said payments have been made and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in addition to the Instrument of Credit bearing the same date securing the faithful performance of said Agreement for completion of Improvement Work by Improver. By execuLion and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Dated at Redlands , California, this 27 day of May , 19 93. Redlan s E er l Bank By Roger Steelman, Executive V.P. ' Page 1 of 2 ORIGHNIAL GAYLES STUDIO 325 0817 05-27-93 09: 13 1491 #3 Instrument of Credit (Labor and Material) r ' Page 2 of 2 LJI The undersigned, being the Improver referred to in the foregoing In"strument of Credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution i executing said Instrument of Credit -from all liability except as therein specifically set forth. 1 Dated at Redlands California, this 27 day of , May , 1993. Markham San Rafael Partnership _Bv: j Approved: j. Mark Anthony Development Corporation Director of Public Works Managing General Partner City of Palm Springs By: Harry B. Crockett, V.P. Approved as to form: > City Attorney --` ! City of Palm Springs k j - GRYLES STUDIO 325 0817 05-27-93 09: 13 1493 #4 Iaithful P rf CREDIT O R I G I ��e /� f (Faithful Performance) I ` LJ A L The undersigned, being a financial institution which is subject to regulation by the State of California or by the Federal Government hereby pledges thaLt moneys to the extent of One Hundred Sixty-Two -Thousand Four Hundred Dollars ($ 162,400.00 ) and on dep� os�t by Markham San Rafael Partnership , hereinafter referred to as Improver, for the purpose of ng secur Improver's performance of all the terms and conditions of that certain Agreement for Completion of Improvement Work dated Mav 30, 1991 , by and between Improver and the City of Palm Springs, a Municipal Corporation, an executed copy of which is hereto attached and incorporated herein by reference and that said funds are trust funds for the sole purpose of guaranteeing the payment thereof to the City of Palm springs or such portion thereof as said City may request for the completion of the improvements set forth in said Agreement in event of default by Improver. The undersigned agrees that upon receipt of written notice of default by Improver in Improver's performance of the terms and conditions of said Agreement, signed by the Director of Public Works of said City, the undersigned shall immediately pay said funds or such amount thereof as shall be set forth in said notice, to the City of Palm Springs. - The undersigned further agrees that it shall hold said funds on deposit as trust funds for the uses and purposes herein set forth or such amount as may remain, until such time as it receives written notice signed by the Director of Public Works of said City to the effect that said Agreement has been fully performed and authorizing the release of said funds to the depositor. This Instrument of Credit is executed and delivered in ,addition to the Instrument of Credit bearing the same date guaranteeing payment of labor and materials under said Improvement Agreement by Improver. By execution and delivery of this Instrument to the City of Palm Springs, the undersigned is relieved of any and all liability to Improver except as herein specifically set forth. Dated at Redlands California, this 27 day of May 1993. OR I ,., � IN � By edl nd, deral Bank bV� !/-`l Roger Steelman, Executive V.P. The undersigned, being the Improver referred to in the foregoing Instrument of credit, hereby agrees to all the terms and conditions therein set forth and releases the financial institution executing said Instrument of Credit from all liability except as therein specifically set forth. Page 1 of 2 GRYLES STUDIO 325 0817 05-27-93 09: 14 1493 #5 Instrument of Credit n (Faithful Performance) 0 % Page 2 of 2 Dated at Redlands , California, this 27 day of may , 1993- Markham San Rafael Partnership By: Approved: Mark Anthony Development Corporation Director of Public Works Managing General Partner City of Palm springs By: j Harry'B. Crockett, V.P. Approved -as to form: City Attorney City of Palm Springs f"� rP ) t A + 1 � JUL 15 199 10:02AM FWI-949�224.1963 P.2/3 05/36i99 rz:uu rAa aaa avr ar eiliELITY MAJOR ACCOUNTS I&do2 CAL FEU �QFORNIA FEWRAL BANK,.. Legal Depa,Mvnf Demand 207 Wen Lexington Dnve � Qendule,CA 91203 =l zczy I1, 1999 Fidelity National Title Company Mr. Albert Lissey as Escrow Trustee c/o Mr_ Scott Lissoy 1300 Dove Street, Suite 310 Far West Industries Newport Beach, CA 92660 2913 S.Pullman st., Suite B Attn: Janis Okerlund, Esq, Santa Ana, CA 92705 Assistant Vice President Re: 48 Vintage Palms Lots,Tract 24853-1, City of Palm Springs, CA California Federal Hank,A Federal Savings Bank(hereinafter, "Ca1Fed'% successor-by- merger to Glendale Federal Bank, successor-by-merger to Redlands Federal Bank, demands the following wit]r respect-to certain real property located in the City of palm. Springs, California (legally described on Exhibit A attached hereto and made a part hereof): Remand is hereby made for the return to CalPed of the following signed original instruments, and the release by The City of Palm Springs, of the following, as to CalFed: 1. Instrument of Credit(Faithful Performance) dated May 27, 1993 in the amount of 1162;400.00; ?. Instrument of Credit(Maintenance of Improvement Security) dated May 27, 1993 in the amount of$150,957.00; 3, lustniment of Credit(Labor and Material) dated May 27, 1993 in the amount of $81,200.00; 4_ Instrument of Credit(Survey Monument Security) dated May 27, 1993 in the amount of $6,000.00; and S. Written confirmation signed by the Director of Public Works of the City of Palm Springs (the "City")to the effect that said Instruments of Credit have been replaced to the satisfaction of the City, and accordingly, that CalFed has been released from all liabilities and obligations associated therewith, Upon receipt of the foregoing by C37ed, CalFed will be in a position to authorize Fidelity National Title Company to substitute itself as Trustee under the deed of trust held by CaLFed (presently encumbering the Property) and to execute and deliver a Deed of Reconveyance. Please do not hesitate to contact the undersigned should you have any comments or questions, p:\LegultA5,7�}2E0\mintage dem.wpd JUL 15 199 10:01RM FWI-949�224.1963 P.3i3 05/28/P9 12:00 FAX 949 477 07 FIDELITY MAJOR ACCOUNTS I�003 Please sign and return a copy of this letter to my office to confirm your agreement with the foregoing. Very truly yours, California Federal Bank Rajan PUTT Vice President Acknowledged, Accepted and Agreed To: FWeliry National 'Iltle Company as Escrow'rrustee By: Q:\Lega]\ASh1RE0\vintage.dem.wpd . BOND NO: 37969 PREMIUM: S1 O.00/TWO YEARS CITY OF PALM SPRINGS BOND FOR MAINTENANCE AND WARRANTY OF IMPROVEMENTS WHEREAS, the CitCouncil of the City of Palm Springs, State of California, and _ FAR WEST INDUSTRIES A CALIFORNIA_ CORPORATION- (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install end complete certain designated public improvements, which said agreement, dared JULY .z , $9.01 and identified as Project TRACT 24853-1 , 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 Snamus,:e stall mr in in effect for a peefiud of era (1) year fry 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 cone urrcntly herewith is accepting, said work, subject to the requirement of delivery of this obligation. NOW THEREFORE, We, the PrinCipal, and GULF INSURANCE COMPANY as surety, are held and firmly bound unto the City, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement, for one (1) year from and after the date of completion and acceptance of said work, in the penal sum of *SIX THOUSAND AND 00/10OTxS-* DOLLARS (56,000.00* ), lawful money of the United States, for replacement and repair of any and all defective materials or defective workmanship within said improvements„ and dw payment of all materials flrmished or labor thereon of any kind, or for amotmts 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 hemivabove 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 is 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 inchided 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 tlt' vartm shall in aVway aff=r its cbligatiors 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 ar to the specifications. IN WITNESS VAHMOF, this instrument has boon executed by the Principal and surety above named, on MAY i6 1gO1 GULF INSURANCE COMPANY Principal Suzy Attorney-in-Fact nAvr-n C. sANrEx Page 2 of 2 State of California p SS. () County -,of D L/-�✓t`�`� Vu1 Oil �� /G{y, a . �Dl before me, (DATE) personally appeared SIGNERS) personally brown to me ❑ v, ) e� •,,____.-c ) crr 'to be the person(s) whose name(�- is/ire subscribed to the within instrument and ( acknowledged to me that he/A 44iey executed The same in his/ue�, authorized (( capacity(i_-&), and that by his/i}a=n'�11 O signatures(.e}on the instrument the person(-s�, ( or the entity upon behalf of which the person(o acted, executed the instrument. =49,NOIRRYPUBLIC-CALIFORNIA . ERTZ1280201 /rt WITNESS my hand and official sealIGC.. ..NIA NCounty `"s Oct.f 3,2004'� /1\) "NOTARSNATURE The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. ) CAPACRYY CItA MED BY SIGHEHS (PRHHCHPAH.) Dl;SCRIMON OF AT TACF&D DOC_i1/M_EN r ) 1�01! ❑ INDIVIDUAL ��yl� �� •' /Gt./v�-VQ-e_(. �) CORPORATE OFFICER t/ , 1`9 - TITLE OR TYPE OF DOCU 'NT ) TITLE(S) PAR'I'NER(S) "-- ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) S/ / /6 / ❑ GUARDIAN/CONSERVATOR LP❑ OTHER: DATE OF DOCUMENT j ) ) OTHER SIGNER IS REPRESENTING: RIGHTTHUMBPRINT _ NAME OF"P/PEERSON(S)OR ENTITY(IES)L OF a A is 5 i E ( / SIGNER APA 5/99 VALLEY SIERRA, 900-362-3369 STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO} ON 05/16/2001 before me, N. Ortiz, personally appeared David C. Banfer, 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 acknowledged 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. WITNESS my hand and official seal. iv. ORTIL COMM.#119 ConNOTARY PUBLIC-CALIFORNIA to U SAN DIEGO COUNTY u 3 My Commission Expires p 1�� AUGUST 6,2002 Signature ' (THE BALANCE OF THIS ]PAGE IS INTENTIONALLY LEFT BLANK) POWE R OF ATTORNEY ORIGINALS OF 12HS POWER OF ATTORNEY ARE PEW ID ON BLUE SAFETY PAPER WITH TF.Af. INK. KNOW ALL MEIN BY THESE PRESENTS:That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of living, Texas, pursuant to the following resolution, adopted by the Finance 8 Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit.: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-fact inay be removed and the authority granted him revoked by the President, or any Executive Vice President, m any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached" Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer its true and lawful attorneys)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign,execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attomey(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. VN BIWITNESO 19HEPUEOF, ihbo Gulf I¢usuvance cusnpgoiyy has causied 'Ehusu pveseots to bo signed bV any ocilcor ac UnD Compe,nvv aig os Gorpomic Soal is bu I@areas mfijmd. SUp inIQE °Q,Poa r°off / 1SYJP i iC COrt�P 1�I l ° ^l�ti.,A:.1il� � /�i ZL.Lt tint-u_y 1 'IIJ �`1,L:s..✓�.� STALTE OF f^Ti WZORIK �ssoo �J 1Lawrence P. !Winater COU NTi' O �T�J C�n�' .(J Execuetave Flace President On ibis loch char d�"Move-abev,PA.D. OCVD©, laoloso vino eaoiae Lgvnio'egou R. Lybibri v, kad®uuru Io one puvsoumby oaiGoe diet mu-Eby Bread=n6'go soiofvo,016 dep®se Wnd saop:Una lic foshcr,in efbo Oguoiap Oc CevW3ou, Eta?e ©H iWoe i Luvsop;Mai ho os 1P E7:6m!'0 e ftc; Pvusldunt Of the €miff M aoo'aouoe Ouririil:zoiy,tfio eorporaflo ro desoclbcu pus good uvliffih csecutod fho aboua instvurrioin4 llmi its Imows 5 a suegV e0 said ceopo alroo; that tlig so:al ralNo ad to lb:e saou6 oiisivu x enEs is sncl: cos'porate sug9;U al K tugs sas Q'M:mof Nyy uvdec®t Me DggvaV oc Dlreolovs uric sate Camorat on Toe=!Ghl;rtn o1uunnorl Gigs narac, fhcaat©;ry tilm orofsr. L Da;/id J., k, Ua Notary PuNic,State off Havvybrk s , � � rt°.o27a9958e311 COU14TY OF 1NIL-V Yl`]1R0 K. .� �"�` (,+���A '��� Cpuaiined in Nings County �A 71°�Sj Commission Expires Decembe,30,2001 I,;die Undesstgoied, Soniub,Uica PV'C;sloh-nil Oo Iha 040 I0;4d6"dieg U'lilD lobly, g Miss©uyi Q Oi'ID®rgte® , DO HEREDY CERTIFY Mal the o®Ee00?ng qmY aiiasl➢e6 IzOriAiED OF AtfYORNEY iesnaii.s hn ffv99 terse. Signed and pealed at the City of IUew'YorEc. _ - \�S 1'- oOa. Dated t6D¢ 16TH day,,2;: MAY 2QIO1 sSOUP Gnvrpe Biancard! SeniorVice Preali 3er¢ ?AL4f U N City of Palm Springs * C A L I F 0 R N I A cgCIF0jkV0' P. 0. Box 2743, Palm Springs, California 92263 (619) 323-8179 DEPARTMENT OF PUBLIC WORKS ADMINISTRATION - ENGINEERING DIVISION NOTIOE OFACCEPTANCE FOR X PUBLIC AND/OR PRIVATE IMPROVEMENTS TO: PARK SAN RAFAEL ACCEPTANCE DATE: May 28, 1993 PROJECT: PARK SAN RAFAEL ATTN: Harry B. Crockett TRACT 24853 AGREEMENT NO. 2853' MINUTE ORDER NO. N/A This is to inform you that the following improvements have been inspected and found acceptable to the City: PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing_ 7,500 L.F. Curbing L.F. Street- Paving 15,000 S.F. Street Paving S.F. Sidewalks 10 500 S.F. Sidewalks S.F. Driveway Approac es 2,000 S.F. Driveway Approaches S.F. Bike Paths S.F. Bike Paths S.F. Sewer Mains 4,400 L.F. Sewer Mains L.F. Sewer Laterals 1,797 L.F. Sewer Laterals L.F. Sewer Manholes 2 _ Ea. . Sewer Manholes Ea. Storm Drains L.F% Storm•Drains L.F. Survey Monuments Ea. Survey Monuments Ea. Location: SAN RAFAEL AND AVENIDA CABALLEROS C.P.S. Drawing No s . 3037-1 Permit No. 9039 Contractors) actually doing work J & S PAVING Notify your bonding company/bank to release the following bonds: No. 116-06-81 in the amount of $ 1,006,380 Performance No. 116-06-81 in the amount of $ 502.690 Labor & Materials No. 116-06-82 in the amount of $ 17,000 Monuments No. in the amount of $ Maintenance Security Construction bond in the amount of for Engineer SANBORN/WEBS Bond Co./Bank Comments Release above bond and replace with Instrument of Credit from Redlands Federal Bank (see attached). Submitted b (rJYI Approved by Field ENiineerjnq Supervisor ontrac Ad or . N Approve b "ngineer Approved by Director o Public Works Distribution: Original to Addressee; Copies to City Clerk, Engineering File, Field Engineering Supervisor, Building, General Operations 9324 Index No. San Rafael Partnership — . Subdiv Improvement Tract AGREEMENT #2853 24853-1 CITY OF PALM SPRINGS CM signed, 6/13/90 SUBDIVISION IMPROVEMENT AGREEMENT i THIS AGREEMENT, made and entered into this day of „tip 19 �G� by and between San Rafael Partnership T _ hereinafter coljectively referred to h Su vider and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY" ; WI1NESSETII: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract o Cit��and — in the City of Palm Springs, County of Riverside, for approval by y; WIIEREAS, 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 $ 1,006,380.00, ; 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 th.. 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 24853-1 ", a copy of which is now on file in the office of the City Engineer of tre G ty 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 $ 1,006,380.00 to assure the faithful performance of this Agreement, and one bond in the sum of $ 502,690.00 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 $ 150 957.00 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 Trat.l 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. 1" accordance with the terms of said subdivision regulation aforesaid, the subdivider does hereby agree to furnish a good and sufficient bond in tho amount of $ 17,000.00 to guarantee payment of the cost of setting monuments as stated in Item iVo.22 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 Lhe 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 continence the construction and installation of such Improvements within thirty (30) days from the approval of such' "Improvement Plans for Tract No.•24853-1 by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of connnencement. 10. In Lhe 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 attor•ney's fees. Subdivision Improvement Agreement Page 3 IN WITNESS WHERLOF, the parties hereto have executed this Agreement as of the day and year first above written. SUBDIVIDER: MARRKKHAM SAANNN RAFAEL PARTNERSHIP By ar o n, VP Mark Anthony Development,Partner By: Larry phar es. Lapham Construction, Partner Lawrence A. Lapham 27461 Calle Arroyo Arrqyo2 Suite 201 Address San Juan Capistrano, CA 92675 City ATTEST: CITY OF PAIM Con1Nr_c ffll irnnlua (Individual) STATE OF CALIFORNIA �SS. COUNTY OF O1a On Ma the undersigned,a Notary Public in and for said State,personally 30 1990 before me, ap eared Mark H. Cohen on the basis of satisfactory evidence)h e)toebe the (known to me)or(proved to me ledged that whose name is subscribed to the within instrument and acknow pe_son OFFICIAL SEAL executed the same. •"' JOANNE M MINEO NITNESS my hand and official seal Horny PUWbC+allldrila 1 orutNGE COUNTY Ax., Signature— r 3 Joanne M. Mineo Name(Typed or Printed) -—.-..n---v r-".tf— (Individual) STATE OF CALIFORNIA SS. COUNTY OF Orange On May 30, 1990 before me, the undersigned,a Notary Public in and for said State,personally I ppeaeed Lawrence A. Lapham (known to me)or(proved to me on the basis of satisfactory evidence)to be the poison ------whose name is subscribed to the within instrument and acknowledged that_ executed the same. OFFICIAL SEAL WITNESS my hand and official seal JOANNE M MINEO jam/) Notary PuNb-Callfornla Signature ORANGE , °"C-d t ORANGE COUNTY My Comm.E%p.Apr.72,1991 Soanne M. Mineo Name(Typed or Printed) $OND NO. 116 06 81 CiTY OF PALM SPRINGS FAITHFUL PERFORMANCE BOND WIILRLAS. the City Council of the City of Palm Springs, State of California, and _ _ _ _ _ MARKHAM,SAN RAF AEL PARTNERSHIP (hereinafter desiijnaled ,is ncIpaII have enters -Into an agreement wTrereby principal agrees to install and complete certain designated public improvements, which said agreement, daLed _3 19ji7 , and identified as project_ toTract No.2.4853-1 -- - is hereby referreJ and made a part hcico(;and _. _ WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFOR :, we, the principal and Insurance Company of the West as surety, are held firmly bound unto the City of Palm prrngshereinafker cal l,ad ("City") , in the penal sun of One Million Six Thousand, Three Nundred_&mighty__ dollars ($1,006,380) IawfuI money of the Nnitea Skates, for the payment of wliich still well and truly to be made, we bind ourselves, our heirs, successors, executor: and administrators , jointly and severally, firmly by these presents . The condition of this obiigaLjon 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 provision: 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 Sant 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 terns of the agreement or to the work or to the specifications . IN WiTNESS WIILRLOF, this instrument has been duly executed by the principal and surety above named, on_ May 30th 19 90 , MARKHAM SAN RAFAEL PARTNERSHIP INSURANCE COMPANY OF THE WEST v Principal _ Surety -STATE OF CALIFORNIA ) ss. : CITY AND COUNTY OF SAN DIEGO ) On this 30th day of May 19 90, before me, the undersigned Notary Public in and for the State, personally appeared Jerold D. Hall a person known to me (or proved to me on the basis of satisfactory evidence) , to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand day of May A.D. , 19 90 — OffICIAL SEAL )(y �S Q� NOTARY P)7 ( C7 A My commission expires �, ' - i r r; r rice SAN D W cOU tarC c My Carnmi"'snn f:pins Gc'.Sc, 22, I9J3 "s 11JC_ C0 '1Pn� Y 0P —IT i'P tiYr,S T PCME OF.-ICE: SAN OIEGO, CALIFOr,nsA Certified Cacv cf POWER OF ATTORNEY - KNOW LL MEN BY THESE PRESENTS: That INSUPANCE CC, ?ANY OF T'r.E WE$7, c Ccrperctior, duly authorized and existing under the laws of the Stcte cf Ccl'_;arnic and tc•rinc its Principal off; in the City of Son Diego, Cclifornie, does hereby neninete, constitute and rpoint: JE OLD D. EALL its true and lawful Attorney(s)-in-Fact, with full power and authority hereoy canferred in its ncne, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizcnces or other written col,' igetidns in the nature thereof. This Power of Attorney is granted and is signed end sealed by facsimile under and by the authority of the fcllcwina Resolution edaeted by the 5aard o-' Direcars of I?;SURA`:CE COMPANY OF THE WEST et c meeting duly called cnd held en the Sixth day of February, 1S73, which said Resolution, has not beer, emended or rescinded and cf whit: the fellcw.nc is c ..rue, full, ' end complete copy: "RESOLVED: Thct the President or Secretary may from., time to ti,ae cpacint "tarnzys-in- Fcct to represent cnd cot far and on behalf cf the eonnany, and eitrer the^?resicer,t or Secretary, the 6ecrd of Directors or Executive Cemittee mcy et cny time remove such „"torn eys-in-Fact and revoke the Power of Attcrney y�iven him or her; cnd be further RESOLVED: That the Attcrney-in-Fact may be given full power to execute fcr and in the name of and on behalf of the Ccr„per,y any and all bends cnd undertakings as the business of the Ccmceny may require, and any such bonds or undertakings executed by cny such A tcrney- in-Fcct shall be as binding upon the Company as if Signed by the President and secled cnd attested by the Secretary.., IN WITNESS WHEREOF,- INSURANCE COMPANY OF THE WEST has caused its official seal a be here- unto effixed and these presents to be signed by its duly authorized officers this ME D.Y OF ijiLE 1933. INSURANCE COMPANY OF THE WEST , STATE OF CALIFORNIA O%a+>•`� resice— COUNTY OF SAN DIEGO On this 2711 LAY OF SuNE 1933 before the subscriber, a Notary Public of the State of California, in and for the County of Son Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth and scith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and the: the said Corporcte Seal and his signature cs such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, et the City Of San Diego, the day and Vear first above written. • ��'_�\-- aFFidlq Sill �_ . NOR Ititf, PORTER 0NorARY VUCUC•C%UF,]amA / / �. 1 � S+N OIECO COUbtY E.c J.M,,E.Iv,x Notcry Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO S'' I, the undersigned, .LAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my none cs Secretary, end affixed the Corporcte Sect of the Corporation, this 30th day of May 75 90 ayvllFr Secrz=cry ICW CAL 37(REV. 5/S7 ) \` �: -� -C i\5 .: tin ; co`'iDA,ti Y o� � F:CME Ci'- SAN DI?5 , CALIF0 F.N L. Certified Copy cf POWER OF ATTORNEY KNV4 ALL MEN aY THESE PRESENTS: Thct INSL'P.ANCE COMPANY OF THE WEST, c Ccrparctiar, duly - cuthari_ed cnd existing under the laws of the State of Cclifarnic one hcving its princi-rcl of fice in the City of So,-. Oiega, Co'_'_fornie, does hereby naninctz, can^itr=_ end appoint; JEROL➢ D. SALL its true end Icwful Attarney(s)-in-Feet, with full power cnd authority hzreay conferred in is none, plcce cnd stead, to execute, sect, eckncwledge one deliver cny cnd c11 bands, undertakings, reccgnizcnces or other written obligetians in the nature thereaf. This Power of Attcrney is granted and is signed cad sec'led by fccsimile under cnd by the eutticr'_ty of the fall awino Resolution ceoated by tee gaard or Oireators ef =P:SURANC= COMPANY OF T'r'E WEST ct c neeting duly called Cad held or, the Sixth day of Fearucry, 1573, which scid Resclutien hcs not been amended or rescinded cad of whitn the follcwinc is c .rue, full, ' end complete copy: "RESOLVE[): That the Presi-dent or Secretary racy from time to r..e cpacint ^ -crneys-in- Faat to represent cnd eat for cnd on behalf of the Conocny, cad eitr,er the President or Secretary, the Hecrd of Directors or Executive Cc=.-4ttee may at cny tire remove such ,attorneys-in-Fact and revoke the Power of Attorney �iven him or her; cad be it furzner RESOLVEO: That the .attorney-in-Fact may be given full power to execute for one in the ncne of and on behalf of the Ccr•,pcny any and Ell bonds one undertakings as the business of the Ccm cony racy require, and any such bonds or undertakings executed by cny such A torney- in-Fcct shall be az binding upon the Campany as if signed by the President one sealed cad attested by the Secretcry." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST hcs caused its official secl to be here- unto affixed cnd these presents to be signed by its duly authorized officers this 27'1 u Y Oc Ju-NE 1938. INSURANCE COMPANY OF THE WEST CCSTATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 2711, DAY OF JMNE 1988 before the subscriber, a Notary Public of the State of California, in cnd for the County of San Diego, duly ccnmissioned cnd qualified, cane SERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth one scith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority anti direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Seal, at the City of San Diego, the day cnd Vear first: above written. s Of,7PO�R�TE�R NOPM ! •.' '� NOrAPT ru 't.PRINCI .i /.s+�dlANop .tv+� Natary ruollc STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, the undersigned, .LAMES W. AUSTIN. III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I hove hereunto subscribed my none as Secretary, oral affixed the Corporate Secl of the Carparction, this 30th dcy of May 19 90 IcW CAL • BOND No. 116 06 81 _ CITY OF PALM SPRINGS LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Palm Springs, State of California, and _ SSI�NN PAR_T_N�•RSAI (here,nafterocsigiiat.ed a �incipai' ave entered nto an agreement whereb, principal agrees Lo install and complete certain designated public improvement', which said agreement, dated 4;;_ . � , 19f09 and indentified as project Tract No.24853-1 7 is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon Lhe 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 SLaLe of California. NOW, i11ERLinRL, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Springs and all contractors , subcontract- ors, laborers , maLerialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the suer of Five_Hundred_ Two Thousand,_Six Hundred & Ninety Dollars Z 502,690 ) , fur mal,crials furuisrei�Ic or aboor thereon oT—any Tc3n�ic , or for anomas due under the unemployment Insurance Act with respect to such work or labor, I,Irat said surety will pay Lhe 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 al.torney'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 arrcl 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 iiLle 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 condiLion 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 h,tveb.y 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 WIILREOF, this instrument has been duly executed by the principal and surety above nalrwd, on May 30th , 19 9o. MARKUAM SsA-N�-R_AFAEL PARTNERSHIP INSURANCE COMPANY OF THE WEST Yr II1C Iili11�J q Sure .. y � � > -Mark H. Cohen, VP Mark Anthony Dev. , ///lAttorney- f- act Partner I'/ JERr D. HALL STATE OF CALIFORNIA ) ss. : ICITY AND COUNTY OF SAN DIEGO ) 1. On this 30th day of May 19 90, before me, the undersigned Notary Public in and for the State, personally appeared Jerold-D. Hall a person known to me fox proved to me on the basis of satisfactory evidence) , to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. [my Given under my hand andNotarialISealthis 30th day of Ma A.D„ 14 90 OFPictaL seatcommission ex ire' �.: ir.^ MOT, V PIITIC C: _'kN1A V,,expire" Notary Public 3 BOND NO. 116 06 82 HOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION (Subdivision Agr6ement) KNOW ALL MEN BY THESE PRIESENTSt That We, MARKHAM SAN RAFAEL PARTNERSHIP as Principal, acid INSURANCE COMPANY OF THE WEST as Surety, are held and firmly bound unto the CITY OF PALM SPRIIA,;, STATE OF CALIFORNIA, in the sum of Seventeen Thousand Dollars ($ 17,000.00 ) , lawful money of the United States of Anicr.ica, for the paymen�t� which sum, well and truly Lo 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 whi:i (-as• said Principal has, or is about to enter into the annexed agree-- meat with the City of Palm Springs pursuant to the provisions of Lite Subdivision heap Act of the State of California and the Sub- division Ordinance of said City, for the setting of survey mon- uments in accordance with the provision of Sections 11566 and 11592 of the Subdivision Map Act and Article 963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Tract .tap No.24853-1 WIIERrAS Lite 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 Elie Engineer or Surveyor for the setting of said monuments, all in accordance with Elie requirements of City's Subdivision ordinance. NOW T111•HIiFOIth;, if the said Principal shall well and truly do and per Corm all the covenants and obligations of said agreement on it:; part to he, clone and performed at the times and in the manner igieci.fied thereiii, and shall make full payments to all contractoin, ,hair subconl.rac:Lors and to persons renting equipment or furnishing labor or materials to them for the improvement ih the prosecution of the work provi_de.d 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 raid Surety, for value received, hereby stipulates quid agrees that no change, extension of time, alteration or addition 1.n Lite terms of Elie agreement or to the work or improvements to he performed thereunder or to the plans or specifications attached In ::aid agreement shrill in any wise affect its obligations on this bola, and it does hcJeby waive notice of any such change, extension of time, alteration or additions to the terms of Elie 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 abov(r STATE OF CALIFORNIA ) ss. : CITY AND COUNTY OF SAN DIEGO ) On this 30th day of May 1990 , before me, the undersigned Notary Public in and for the State, personally appeared Jerold D. Hall a person known to me (or proved to me on the basis of satisfactory evidence) , to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IGiven under my hand and ,Notarial Seal this 30th da _� May A.D. , 19 90 �>>�) �� 6 FILIAL r My commission expire � I`�" oryPrcu; Ic-c.,t;i,7u�.nn ,1 la fib," C �^ n:a;gvA s �� �� s;�l� oltco �_oor•Irr 6 Notar Public �tQ My CornmL^sian Cxpi", C�clo4a: 2> =593 ^.tiG� GO iPr.ti 7 0` L S 1 ti-r F:CME CFF=z_. SAN OIE+ , CAL_FCF..N7 Certified Cod, of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSUPANCE COMPANY OF THE WEST, a CcrperctiCn duly authorized and existing under the Laws of the Stcte cf California and having its principal office in the City of San Diego, California, does hereby nominate, cone:cute and cppcint: JZ OL➢ D. EAZI its true and Lawful Attarr.ey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to executz, seal, acknowledge and deliver any and cll bonds, undertakings, recognizcnces or other written coligetions in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the tY ,.,.._ Cuthcr: of the follcw e Resolution eeoa;ed by thz Soard of Directors a£ I::SL7I,,_ COMPANY OF THE WEST ct c meeting duly called and held or. the Sixth day ac February, 1S73, which said Resolution, has not beer, emeneed or rescinded and of whit` the fallcwina is c ..rue, full, • end complete copy: "RESOLVED: That the President or Secretary may from time to time cccaint zarneys-in- Fact to represent and act for and on behclf of the Company, and eitr,er the�Pre$-Cent or Secretary, the Sccrd of Directors or Executive Ccc. .ittee ncy at cny time remov=_ such attorneys-in-Fact and revoke the Power of Attorney iven him or her; end be it furt-er RESOLVED: That the Attorney-in-Fact may be given full power to execute for cnd in the none of and on behclf of the Company any cnd c11 bends cnd undertakings as the business of the Cemceny may require, and cny such bands or undertakings executed by any such A torney- in-Fcct shall be as binding upon the cor,.pony 05 if signed by the President and sealed and attested by the Sacretcry. IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official sect to be here- unto ef`ixed and these presents to be signed by its duly authoriZed officers this 27TH. ➢-Y OF TUNE 1938. -INSURANCE COMPANY OF THE WEST ey�ru.c reslaen� STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 27T;i. LAY OF TJNE 1933 before the subscriber, c Notary Public of the State of California, in end for the County of San Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, Geposeth and scith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature cs such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first. above written. NORMA PORTER f NOr1eY RVCt.0•CiLIPCRMu P'o-4 // SAN aI[cacaunn ,voter uo 1c STATE OF CALIFORNIA ' COUNTY OF SAN DIEGO ss` I, the undersigned, ,LAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed r..y name as Secretary, and effizeC t.^.e Corporate Seal of the Corporation, 'this 30th day of May 1S 90 )V llhr I C'd CAL 37(PE4. 5%E7 )