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HomeMy WebLinkAbout02741 - PS AIRPORT CENTRE TM 22396 SUBDIVISION Cindy Berardi From: Carol Templeton Sent: Wednesday, September 29, 2010 9:18 AM To: Cindy Berardi Subject: RE: TM22396: A2741 Palm Springs Airport Centre Cindy, would assume that this can be closed out. We have no bond decrease letters stored in the computer and all of the files are stored in archives (which cost$30 to get out of archive). I have never heard of any problems associated with this project, so I would say close it out. Carol Templeton, Engineering Associate City of Palm Springs Engineering Division Direct (760) 323-8253 Ext. 8741 Fax (760) 322-8360 or 322-8325 Please note new email address: Carol.templeton@palmspringsca.gov http://www.gcode.us/codes/palmsprings/view.php NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM. 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From: Cindy Berardi Sent: Wednesday, September 29, 2010 8:57 AM To: Carol Templeton Subject: TM22396: A2741 Palm Springs Airport Centre Can the attached be closed out? <<File: A2741 Palm Springs Airport Centre SIA.pdf» Cind'q Ejerard] PS Airport Centre Ltd by Comm i •National Corp Gen Partner TM 22396 Sub Impry AGREEMENT #2741 CM signed 7-22-89 CITY OF PALM SPRINGS SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this eP2—day of 1989, by and between Palm Springs Airport Centre, Ltd, a California Limited Partnership, hereinafter collectively referred to as "Subdivider", and CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, Subdivider has prepared and filed a final subdivision map of Tract No. 22396 in the City of Palm Springs, County of Riverside (the "Tract Map"), for approval by City; and WHEREAS, as a condition precedent to the approval of said Tract Map by City, Subdivider is required to obtain from Secretary of the Interior, Bureau of Indian Affairs, one or more Grant(s) of Right of Way for the public streets, utilities and other public uses described for Lots A and B as shown on that certain Map entitled Right of Way For Street Improvements, In- cluding Pavement, Curbs, Gutters, Sidewalks and Bus Turnout, with appur- tenants and the right to maintain improvements, prepared by John R. Daw- son, Licensed Land Surveyor of L.A. Wainscott & Associates, Inc. , (the "Public Right of Way Map"), and construct and install or agree to construct and install said public improvements and certain other improvements; and WHEREAS, City desires to accept the Grant(s) of Right of Way for the public improvements shown on said Map for public use, and certain other such improvements; and WHEREAS, the total cost of such Public Improvements has been es- timated by the City Engineer to be approximately $445,750.00; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. Subdivider, at his sole cost and expense, shall construct and in- stall the street, drainage, domestic water, sanitary sewer and other improve- ments required to be constructed or agreed to be constructed as a condition precedent to the approval of said final Tract Map , as shown on the Improvement Plans for Tract No. 22396" (the Improvements"), 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 ex- ecuted by a corporation authorized to transact surety business in the State of California on forms approved by City, one bond in the sum of $445,750.00 to assure the faithful performance of this Agreement, and one bond in the sum of $228, 875 .00 to assure payment of the cost of the labor and materials for the Improvements required to be constructed or installed hereby. Improvement Agreement (2/27/89) 1. PSL/2 i A. Both of said bonds shall be deemed exonerated upon accept- ance by the City of the Improvements, and the furnishing of a maintenance bond or letter of credit at the time of the acceptance in the amount of $66,862.00. Said maintenance bond or letter of credit shall remain in effect for a period of one year from date of acceptance of the Improvements. B. In lieu of the performance and labor bonds referred to above, the City agrees to accept an Irrevocable Set-Aside Letter from Subdivider's Construction Lender„ in the form attached hereto as Exhibit "A", with such Lender agreeing to set aside $445,750. 00 as the "Set-Aside Amount". 3. Before final approval of the 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. A. 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. B. In accordance with the terms of said subdivision regulation aforesaid, the subdivider does hereby agree to furnish a good and sufficient bond, or an additional Set-Aside Letter, in the amount of $14,000.00 to guarantee payment of the cost of setting monuments as stated in Item No. 3 of this agreement. 4. The City Engineer or his duly authorized representative, upon written request of Subdivider, shall inspect the improvements herein agreed to be constructed and installed by Subdivider, and, if determined to be in accordance with the applicable City standards, shall recommend the acceptance of such improvements by the City. 5. Subdivider shall complete such improvement plans including any corrections and revisions thereto necessary to comply with the applicable City standards as determined by the City Engineer, within thirty (30) days after approval of the final map. 6. Subdivider shall perform any changes or alterations in the con- struction and installation of such improvements required by City, provided that all such changes or alterations do not exceed ten percent (10%) of the original total estimated cost of such improvements. 7. 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. 4 Improvement Agreement (2/27/89) PSL/2 S. Subdivider shall commence the construction and installation of such improvements within thirty (30) days from the approval of such "Improvement Plans for Tract No. 2239611 by the City Engineer, and shall complete such construction and installations within nine (9) months from such date of commencement. 9. 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. 10. 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. 11. 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 what- soever, arising out of or in any way connected with the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written "SUBDIVIDER" PALM SPRINGS AIRPORT CENTRE, LTD. a California Limited Partnership By: Community National Corporation (Corporation as Partner of Partnership) SFATE OF 040 rc"I A } } ss COUNTY OF On this L 3U day of V�RVH ,19 E?�i before me,a Notary Public in and for said County and State,personally appeared e . 1-�'f4'(—fk ---known to me or proven to me on the basis of satisfactory evidence,to be the President and known tome or proven tome on the basis of satisfactory evidence,to be the Secretary of SA/71MU�11 f V N ATmN A I, �APY. the corporation that executed the within instrument and known to me or proven to me on the basis of satisfactory evidence to be the persons who executed the within instrument on behalf of said corporation,said corporation being known to me or proven to me on the basis of satisfactory evidence to be one of the partners of 12ALM OP({fN(vS ^IRAb ZT CENT(�� LTa the partnership that executed the within instrument,and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. W17NFSS my hand and official seal. OFFICIAL SEAL SHELLEY A. HOWARD NOTARY PUBLIMALIFORNIA ORANGE COUNTY i' My Comm.Exp.Oec.5,1990 T I Shelley A.Howvrdj VI ' Notary Public in and for said County and State (notary seal) NATIONALBANK TERRANCE M MCCARTHV Semor Vice Presdm Real Estate Finance Division F LONG BEACH-----------,--- -_._-- June 28, 1989 City of Palm Springs 3200 East Tahquitz-McCallum Way Palm Springs, California 92263 Re: Palm Springs Airport Centre Gentlemen: Please be advise that National Bank of Long Beach has approved a loan to PALM SPRINGS AIRPORT CENTRE, LTD. , a California limited Partnership (the "Borrower" ) in the sum of One Million Seven Hundred Fifty Thousand ( $1, 750,000) pursuant to a Building Loan Agreement dated June 27, 19819, which loan is to be used in part to finance the cost of construction of certain offsite improvements to Tract No. 22396 in the City of Palm Springs, County of Riverside, California. We hereby advise you that we have set aside the sum of $459, 750, of said loan funds (the "Set-A-Side" ) to be drawn upon by the Borrower for the purpose of completing the offsite improvements to Tract No. 22396, as more fully described in Exhibit "A" attached hereto and made a part hereof. The Set-A-Side amount is to be disbursed to Borrower in accordance with the terms and conditions of said Building Loan Agreement. We hereby authorized you to draw on this institution for the account of Palm Springs Airport Centre, LTD. , a California limited partnership, any undisbursed portion of said Set-A-Side amount up to the aggregate amount of $459, 750 available by your draft at sight to be accompanied by the following document: (i ) a statement, signed by the City Treasurer the Borrower failed to provide the necessary public improvements associated with the approval on Tract No. 22396 in the City of Palm Springs and that the amount drawn is required for the completion of said work; and (ii) this original Set-A-Side letter must accompany the draft and documents presented to us for payment. I I 4150 LONG BEACH BLVD. LONG BEACH, CA 90807-2676 (213) 595-5281 ---- ----------------------- FAX(213) 595-8251 y Page Two City of Palm Springs June 28, 1989 We hereby undertake that drafts drawn in compliance with the terms of this credit will be duly honored by us, up to the then undisbursed portion of the Set-A-Side amount. It is understood and agreed that the rights granted to the City of Palm Springs pursuant to this Set-A-Side letter shall only apply to the undisbursed portion of the Set-A-Side amount, and shall terminate upon full disbursement of the Set-A-Side amount to the Borrower or upon payment in full of the loan referred to herein, whichever first occurs. NATIONAL BANK OF LONG BEACH, a national banking association / Terrance M. McCarthy Senior Vice President APPROVED AS TO FORM: CITY OF PALMSPRINGS Palms Spring ity Attorney WP50\LMA\L-5 �...,..