HomeMy WebLinkAbout02835 - DESERT HOSPITAL PM 23597 SUBDIVISION CITY OF PALM SPRINGS Desert Hospital Authority -
PM 23597 Sub Improvements
2835
SUBDIVISION IMPROVEMENT AGREEME] AGREEMENT CM signed 5-3-9 5-3-90
THIS AGREEMENT, made and entered into this 16th day of April
1990 , by and between DESERT HOSPITAL AUTHORITY A PUBLIC BODY/DESERT
HOSPITAL CORPORATION, A CALIFOP'NIA NON-PROFIT PUBLIC BENEFIT
CORPORATION/DESERT HOSPITAL DISTRICT A PUBLIC BODY ,
hereinafter collectively referred o as u vder" and ully OF PALM SPRINGS, a
municipal corporation of the State of California, hereinafter referred to as "CITY";
WITHESSETH:
WHEREAS, Subdivider has prepared and filed a final Plop of .Parcel Map
No. 23597 _ in the City of Palm Springs , County of Riverside, for approval
by City; and —
WHEREAS , as a condition precedent to the approval of said map by City, Sub-
divider is required to offer for dedication those parcels of land intended for
streets , highways and other public use, and also to construct and install or agree
to construct and install certain improvements ; and
WHEREAS, Subdivider, by said map;, has offered for dedication to City for public
use the streets and easements shown on said map; and
WHEREAS, City desires to accept the streets and easements shown on said map for
public use, and certain other such improvements; and
WHEREAS, as a condition precedent; to the acceptance of the dedication of such
streets and easements by City, Subdivider is required to enter into an agreement
with the City to construct certain improvements; and
WHEREAS, the total cost of such improvements has been estimated by the City
Engineer to be approximately• $ 86.600.00 ;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows :
1 . Subdivider, at his sole cost and expense , shall construct and install the
street, drainage, domestic water, sanitary sewer and other improvements required to
be constructed or agreed to be constructed as a condition precedent to the approval
of said final map and acceptance of such streets and easements, as shown on the
"Improvement Plans for P.M. No.23597 " , a copy of which is now on file in the
office of the City Engineer of the City and which is referred to and incorporated
herein as though set forth in full .
2. Subdivider shall furnish to City good and sufficient bonds executed by a
corporation authorized to transact surety business in the State of California on
forms approved by City, one bond in the sum of $ 86.600.00 to assure the
faithful performance of this Agreement, and one ob n—fc in the sum of 43,300.00
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 $ 12,990.00 . Said maintenance bond shall
remain in effect for a period of one year from date of acceptance 3i the Improve-
ments.
3. Before final approval of street improvements, the subdivider will place
survey monuments in accordance with the provisions of the State Subdivision Map
Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Tract
Map.
The Subdivider, after setting the monuments , shall furnish the City Engineer
of the City of Palm Springs, written notice of the setting said monuments and
written proof of having paid the engineer or surveyor for the setting of said
monuments, or as provided for in the Subdivision Map Act.
Subdivision Improvement Agreement
Page 2
4. In accordance with the terms of said subdivision regulation aforesaid,
the subdivider does hereby agree to furnish a good and sufficient bond in the
amount of $ 3,075.00 to guarantee payment of the cost of setting monuments
as stated in Item No. 2 of this agreement.
5. The City Engineer or his duly authorized representative, upon written
request of Subdivider, shall inspect the improvements herein agreed to be con-
structed and installed by Subdivider, and, if determined to be in accordance
with the applicable City standards, shall recommend the acceptance of such
improvements by the City.
6. Subdivider shall complete such improvement plans including any correc-
tions and revisions thereto necessary to comply with the applicable City
standards as determined by the City Engineer, within thirty (30) days after
approval of the final map.
7. Subdivider shall perform any changes or alterations in the construc-
tion and installation of such improvements required by City, provided that all
such changes or alterations do not exceed 10 percent of the original total
estimated cost of such improvements.
8. Subdivider shall guarantee such improvements for a period of one
year following the completion by Subdivider, and acceptance by City, against
any defective work or labor done, or defective materials furnished, in the
performance of this Subdivision Improvement Agreement by Subdivider and shall
repair or replace any such defective work or materials discovered during said
one year period.
9. Subdivider shall commence the construction and installation of such
improvements within thirty (30) days from the approval of such "Improvement
Plans for P.M. No.23597 " by the City Engineer, and shall complete
such construction and installations within nine (9) months from such date of
commencement.
10. In the event that Subdivider fails to perform any obligation hereunder,
Subdivider authorizes City to perform such obligation twenty (20) days after
mailing written Notice of Default to Subdivider at the address given below,
and agrees to pay the entire cost of such performance by City.
11 . In the event that Subdivider fails to perform any obligation hereunder,
Subdivider agrees to pay all costs and expenses incurred by City in securing
performance of such obligations, including costs of suit and reasonable attorney's
fees.
12. Subdivider hereby binds itself, its executors, administrators and
assigns, and agrees to indemnify, defend, and hold the City harmless from any
losses, claims, demands, actions or causes of action of any nature whatsoever,
arising out of or in any way connected with the improvements agreed to be
constructed and installed hereunder by the Subdivider, including costs of suit
and reasonable attorney's fees.
Subdivision Improvement Agreement
Page 3
IN WITNESS WHEREOF, the parties. hereto have executed this Agreement as of the
day and year first above written.
Desert Hospital Authority, A Public Body/
Desert Hospital Corporation, A California
Non-Profit Public Benefit Corporation/
nP ,4- a—4 —', District, A Public Body
State of California
County of Riverside /�✓
on this .:� day of A£_&A� in the year 1990,
before me &a e, v;<1-aP�ch the unde i Notary
Public, Pers ' )viy appears 1 ".1tu
(personally know to me or pr to me on the basis of
satisfactory evidence)//to be the person who executed
this instrument as of
and ackaiow1 to in Avenue
me that the !!' r� /�-'"' `` executed it.
=TAORNIA
w nlifornis 92262
1 Notary', Sidonature iNNEY
[fNDMbORNIAUNTY1.26,1990
California
City Clerk (� City Manager
REVIEWED & APPROVED
Pi ®ar li nTyCr
BYT a�f�oC9L
kiy RES.
�INSTRUMENI OF CREDIT •
Faitliful Performance)
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 Eighty Six Thousand
Six Hundred Dollars ($ 86 , 600 ) and on deposit
Desert Hospital Authority, A Public Body/
Desert Hospital Corporation, A California
Non-Profit Public Benefit Corporation/
Desert Hospital District, A Rublic Body
by hereinafter referred
to as Improver, for the purpose of securing Improver's performance of all
the terms and conditions of that certain Agreement for Completion of Improve-
on parcel map no. 23597
ment Work dated April 16 1990 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 Community Development 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 .
r
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 Community Development 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 .
1 of 2 pages
State of California is 16th
SS.
County of Riverside
On this J]�Jj_ day of r in the year 1990,
before me �Uee y �eG� _;,, the uncle i ed Notary
Public, perso(t y appeare�3 �exuc1
(personally know to me or-pr-Pr -to-me-jai-t-he-basis-of
sad factory-'evMEFr ep o be the person who executed
this instrWient as of
Ac z L, 6_1, 2i4 wt• and acknowledged to F California
me that the yzc { 4 executed it. Ldent & Manager
Ls�P� zgt� i
J
Notary s _ignature OFFICIAL SEAL J EVELYN ). DeVINNEY I
NOTARY PUBLIC-CALIFORNIA F
PoVERSICE COUNTY
IMy Camm,bpinr Oct.20,1990
State of California
SS.
County of Riverside
Foregoing
On this r -fl day of in the year 1990, tions therein
before me ?z (4 /&t-E"i - t e undersign Not
Notary
Public, persofialqy appeareld lW 6 ("r' I Instrument
(personally know to me
gaticfbete e::dence) t be the t forth.
person who executed
this instrument asu ��- ( of
Cum Hl�- z 'L C e-�_ and acknowledged16th
to is
me that the executed it.
- q �• - �y OFFICIAL SEAL =--
Nbtary'o S ature / EVELYN 1. DeVINNEY -ity, A Public Body/
I ROTARY PUBLIC•CAUFORNU
FMRSIDE COUNTY cation, A California
My C9mm Expire 011.26,1990 -fit Corporation/
_ Lct, A Public Body
State of California
County of Riverside
On this �7 day of C", ? 4�.�� in the year 1990,
before me t •, l.c .f/-,r• , ji.�kIe 1undegrsign Notary
P11b11C r pe 1� y a 4�'6-�-ltu f7r.�. lwz^W7.-�L:.J
(personally know to me or-eved-- e,-_-gnr
y to the person who executed
this instrument as 11 , , of
/ �✓� / �-1 -�G and acknowledged to
me that the executed i t.
a
MFlcuL srAL
116tary'�F Signature � EVELYN 1. DeVINNEY
NOTARY PUBLIC-CALIFOFM
RIVERSIDE COLWrV
MY Comm,bpxs,Om 26,19'90
an this 1`yA day of in the year 1990,
before me eu, e_;v ff L the undersigned Notary
Public, persed/all appear , j r� �,n�
(personally know to me or--pravad--te me on the iris f
�,+�, to= ev4danee,+ to be the person who executed
t}�is instrument a� %�,Lc f 2 f , of
'c-.ctau t.vfc lc rA and aclmowlidged to
me that the`;t ,9 I L A c%>-A�--executed it.
OFFICIAL 5EA.1. S
Notary'!s Signature f EVELYN ]. DeVlfff V f4
NOTARY PUBLIC-CALIFORNIA
RIVERSIDE COUNTY S(
My Comm Expires Oct 26 199V 0
INSTRUMENT OF CREDIT
Uaal r—a_nd_ ateria 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 Forty Three Thousand
Three Hundred Dollars ($43 , 300 ) are on deposit by
Desert Hospital Authority, A Public Body/
Desert Hospital Corporation, A California
Non-Profit Public Benefit Corporation/
Desert Hospital District, A Public Body
, 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
on parcel map no. 23597
to them for the improvement provided for in that certain Agreement for
Completion of Improvement Work dated April 16 1990 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 subcontractors and to persons renting
equipment' o'r furnishing labor or mate'rials' to them in construction of the improve-
ments set forth in said Agreement in event of default by Improver.
The undersigned agrees that upon receipt of written notice of default by
Imrpover in Improver's payment or payments as above set forth, signed by the
Director of Community Development 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
Community Development of said City ito 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.
1 of 2 pages
By execution and delivery of this Instrument to tholity of Palm Springs ,
the undersigned is relieved of any and all liability to Improver except as herein
specifically set forth.. .
Dated at Palm Springs California , this 16th__ day
of April 1990
State of California
SS.
County of Riverside
of California
Cn -J 'esident & Manager
this n U) day of �✓z in the year 1990,
before me . • k;4lza. (1 the undersigned Notary Public, pe 1' y appeare ,Lh /�•
(Personally Imow to me dr—prsved-}o_me-c,gtje_6a�is-Tof-
safisfactar-y--evic3enae7 tope the person who executed
t is 1 trUinetlt a5 b/IcrC.e-y /tks..t.v_,.v - gL �'1 ,�_, ) of
�,J'az �„/� ,.at���� / -. �'' (�.:�C�/_•,^..,��,',,; and aCknoWle ged to
me that the'./."a 1 L - 21 1
LJ i--%executed it. e foregoing
editions therein
OFFlcI.L SlA?.,
No'tary'A S'gnature ( EVELYN 1 DeVINNEY aid Instrument of
NOTARY PUBLIC-cALIFORNIA ?
RNERSIDE COUNTY
WM'
Gomm.&puns Od 26' 1 ',
_... _ : forth .
Dated at Palm Springs California, this 16th day
of - Anri 1 1990. ... --
State of California
SS.
County of Riverside
ithority, A Public Body/
Cn this .3(jN day of � in the 'year 1990, irporation, A California
before me —,I-,L11 , u t,,hhe undersignedZNotary Benefit Corporation/
Public, pe ly appear c�. L,l„2 I%. Lstrict, A Public Body
(personally know to me or <m--the--basis-of
,sa+ f- +_ -_ idence).,)to be the person who '',executed
this inst ent '/' / �'• �as iy%:/t.d,Q..d.,C�.u+,IV- of
and acknowledged t0
LPL Utz„�_�
me that the executed i t.
,(.eo 'n L.S.
Notary's i ature / OFFJCIAL SEAL
EVELYN 1. DeVINNEY
NOTARY PUBLICCALIFORNIAs /�
PoYERSIpE COUNTY -,
My Comm.Ei".rc On.26, 1990
Approved:
Djr for of Community evelopment
City of Palm Springs
1
Approved as to form:
City At o ney
City of P lm Springs
n .s ? Cps
INSTRUMENT F CREDIT
(Survey Monument Security)
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 Three Thousand and
Seventy Five Dollars ($ 3 , 075 . 00 ) and on deposit
Desert Hospital Authority, A Public Body/
Desert Hospital Corporation, A California
Non-Profit Public Benefit Corporation/
by Desert Hospital District, A Public Body hereinafter referred
to as Imrpover, for the purpose of securing payment of Engineer or Surveyor for
for parcel map no. 23597
setting survey monuments''in accordance with the terms and conditions of that
certain Agreement for Completion of Monumentation Work dated AprlY 16 1990
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 Monumentation 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 monumentation of the terms and conditions of said
Agreement, signed by the Director of Community Development 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
Community Development 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 per-
formance of labor and materials under said Improvment Agreement by Improver.
By execution and delivery of this Instrument to the City of Palm Springs,
the undersigned is relieved of any aind all liability to Improver except as herein
specifically set forth.
1 of 2 pages
Dated at Palm S jngs , California , this 16th day
^
of April 1990
State of California
SS.
County of Riverside k of California
�, resident & Manager
� this f( � day of r ��Veggn
' in the year 1990,
before me ft4l )II1-/,'L ic„ ied Notary
Public, pe 1 y a ✓�
(personally know to me er- to me en khedf the foregoing Instrument
sat-isfa=taFy.._ewidenrq-) to/ be the person who executed
tl}is i trvment ass �ti^z �n t� �✓G� �' ��C m r ��z/ of
,-7 M7 Cc�w•> ? .d,, a464 . and acknowledged to ierein set forth and
�.
me that the., rV �, G ; �r �� �� Iexecuted it. it of Credit from all
I�A-'� �7� 1��U•�..,�.`� I OFFICIAL SPdsF: 1VELY1
Notary,41Sl a tore J NOTARY PrUBLIC J. D CAINFOPNIAt
RIVERSIDE COUNTY s 16th day
My'i Comm.Expires Oci 26,1990
State of California Iority, A Public Body/
(oration, A California
SS- -nefit Corporation/
County of Riverside _rict, A Public Body
On thist)zA day of .� in the year 1990,
"� e ,ti t undersigned Not ��✓before me gn ary
Public, pe 1' y appear � 1 _�
(personally know to me r� --pr rtkte'basis t5f
-t be the person who executed
t 4is instrument as of ����'� �) —
I and acluiowledged to i
me that the/ 1: executed it. �I
Notary' S,yJnature OFFICIAL SFWLv.,'
1 OEVELYN J. DOPUP!
TARY PUBLIC OALIFORNIA
RIVERSIDE COUtM
A1y Comm.&pins Oct 26, '990
Dir ctor of Community Dev opment
Cit of of
Springs
Approved as to form:
City torney
City Palm Springs
2 of 2 'pages