HomeMy WebLinkAbout02639 - OBERLE PAYNE EALY PM 22700 SUBDIVISION Cindy Berardi
From: Carol Templeton
Sent: Wednesday, September 29, 2010 8:50 AM
To: Cindy Berardi
Subject: RE: PM22700: A2639 Oberle, Payne and Ealy SIA
Cindy,
I would assume that this can be closed out. We have no bond decrease letters stored in the
computer and all of the files are stored in archives (which cost$30 to get out of archive). I have
never heard of any problems associated with this project, so I would say close it out.
Carol Templeton, Engineering Associate
City of Palm Springs Engineering Division
Direct (760) 323-8253 Ext. 8741
Fax (760) 322-8360 or 322-8325
Please note new email address:
Carol.templetona.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: Tuesday, September 28, 2010 5:36 PM
To: Carol Templeton
Subject: PM22700: A2639 Oberle, Payne and Ealy SIA
Can the attached be closed?
<< File: A2639 Oberle, Payne and Ealy SIA.pdf»
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ck Oberle, Paul Payne & Curt
CITY OF PALM SPRINGS fly - Phase I, rM 22700
Subdiv Improv Agr (lessees)
AGREEMENT #2639
SUBDIVIS1014 IMPROVEMENT AGREEI' CM signed 11-8-88
THIS AGREEMENT, made and entered into this day of 1%N „ , , 191 " ,
by and between John H. Oberle, Paul G1 Pa4ne_ancLW,i1
hereinafter collectively referred—to—as "Subdivider" and CITY OF ALF1 SP(ZIIJGS, a
municipal corporation of the State of California, hereinafter referred to as "CITY" ;
WITNESSETH:
WHEREAS, Subdivider has prepared and filed a final subdivision map of parcel
No. 22700 in the City of Palm Springs , County of Riverside, for approval
by City; and
WHEREAS, as a condition precedent to the approval of saia m, 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 $ 28,993.00
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 Parcel F1aD 7 n " , 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 $ 28,993.00 to assure the
faithful performance of this Agreement, and one bond in the sum of q,4g6-00
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 $ 49.00 Said maintenance bond shall
remain in effect for a period of one year from date of acceptance of the improve-
ments.
3. Before final approval of street improvements , the subdivider will place
survey monuments in accordance with the provisions of the State Subdivision Map
Act and the Subdivision Ordinance of the City of Palm Springs as shown on the Tract
Man
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 $ 3,200.00 to guarantee payment of the cost of setting monuments
as stated in Item No. 2 of this agreement.
5. The City Engineer or his duly authorized representative, upon written
request of Subdivider, shall inspect the improvements herein agreed to be con-
structed and installed by Subdivider, and, if determined to be in accordance
with the applicable City standards, shall recommend the acceptance of such
improvements by the City.
6. Subdivider shall complete such improvement plans including any correc-
tions and revisions thereto necessary to comply with the applicable City
standards as determined by the City Engineer, within thirty (30) days after
approval of the final map.
7. Subdivider shall perform any changes or alterations in the construc-
tion and installation of such improvements required by City, provided that all
such changes or alterations do not exceed 10 percent of the original total
estimated cost of such improvements.
8. Subdivider shall guarantee such improvements for a period of one
year following the completion by Subdivider, and acceptance by City, against
any defective work or labor done, or defective materials furnished, in the
performance of this Subdivision Improvement Agreement by Subdivider and shall
repair or replace any such defective work or materials discovered during said
one year period.
9. Subdivider shall commence the construction and installation of such
improvements within thirty (30) days from the approval of such "Improvement
Plans for Parcel Flap 22700 " 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
Subdivision Improvement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
SUBDIVI.DdE®R:
By:
By:�® pp C2t�
/. �• /7dX ✓U�
Address �
City
CITY OF PALM SPRINGS , CALIFORNIA
i17
City Clerk City Manager
REVIEWED & APPROVED
STATE OF CAl1FQRNIA ass.
COUNTY OF Y 1VeYS l
On Oct:• 12 , 1988 ,before me,the undersigned,a Notary Public in and for
said State,personally appeared TiJ1]_]_1an C_ aly, ,Tnhp H Qharle
• - ? ; • BOND NO. 966463S
PREMIUM: $580.00
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs, State of' California,
s
and John H. Oberle, Paul G. Payne and William C. Ealy
(hereinafter designated as "principal' have entered into an agreement whereby
principal agrees to install and Complete certain designated public improvements,
which said aggreement, dated 19 and identified as project
Parcel Map 2KOO is hereby referred
to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and DEVELOPERS INSURANCE COMPANY ,
as surety, are held firmly bound onto the City of Palm Springs, hereinafter called
("City") , in the penal sum of Twenty Eight Thousand Nine Hundred Ninety Three
dollars ($28,993, ) lawful money of the United States, 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.
The condition of this obligation is such that if the above bounded principal ,
his or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made
as therein provided, on his or their part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of Palm Springs,
its officers, agents and employees„ as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the City in successfully
enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be per-
formed thereunder or the specifications accompanying the same shall in anywise
affect its obligations 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 or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed
19br the principal
and surety above named, on AUGUST 2
DW
CORPORATION
r
STATE OF CALIFORNIA SS
COUNTY OF Orange
On
August 3 1988 ,before me,the undersigned,a Notary Public m and for said fate,
14POWER OF ATTORNEY OF �° p 27399
MNITY COMPANY OF CALIFOR�
AND DEVELOPERS INSURANCE COMPANY
P.O.BOX 3343,ANAHEIM,CALIF.92803 • (714)999-1471
NO I Cr 1 All powol and autlm.l y herein teamed shall In any event terminate on the O lst clay of Degeillii I980
2. Tins Povlor of Allot ney is void if allot ed of 6 any no,lion is at aced
3 This Porter of Atlornoy Is void unless the seal i6 readable,the text is in brovm mk,the signomres mom bluo ink and thus notice is in red ink
'. This Power of Atlornoy should nor be returned to the Attorney(s)-In-Fact,but should roman a permanent Dart of Iho obligee's racoAs.
{WOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY"OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each
severally,but not jointly,hereby make,constitute and appoint
DAVID C. BANFER
the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of
suretyship in an amount not exceeding$'1,500,000 in any single undertaking,giving and granting unto said Alto rney(s)-in-Fact full power and authority to do and to perform every act
necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power m substitution and revoca-
tion; and all of the acts of said Alto rney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship.
Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of Installment paper,note guarantee bonds,bonds on financial institutions,lease
bonds,Insurance company qualifying bonds,self-insurer's bonds,fidellty bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by au thorny of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986-
RESOLVED,that the Chairman of the Board,the President and any Vice PI esident of the corporation be,and that each of them hereby is,authorized to execute Powers of.Attorney,
qualifying the attorneys)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis-
tant Secretary of the corporation be,and each of them hereby is,authorized to allest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by Facsimile,and any such Power of Attor-
ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond,undertaking or contract of
suretyship to which It Is attached.
IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 15th day of January 15,1988.
INDEMNITY COMPANY OFF CALIFORNIA,� DEVELOPERS
�, INSURANCE COMPANY
By
Gerald A.Sauvageau,President a PINY Gerald A Sauvageau,President
R
o�c�POF�T�c+ ¢�`PccRP ORTr Fc`
¢I//1GT.5, Nnfl 27, o
ATTEST
ATTEST w\ 19G7 o IBTB y
°�rroaa.`�.i
By By—
Harry C.Crowell,Secretary Harry C.Crowell,Secretary
STATE OF CALIFORNIA)
SS
COUNTY OF ORANGE )
On January 15, 1988,before me,the undersigned,a Notary Public In and for said State, personally appeared Gerald A.Sauvageau and Harry C.Crowell,personally known to
me(or proved to moon the basks of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of I ndemnky Company of California
and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed It.
WITNESS my hand and official seal.
GFPCIAL SEAL
Signature yam. "-%.,�/,� NOTARY PUBLIC-CALIFORNIA
Notary Public `� xr"'�; ORANGE COUNIY
���_°' M11y OGmmiselon Expues 61ar. 13, 1999
CDRTIFICATE
The undersigned,as Executive Vice President o11NDEMNITY COMPANY OF CALIFORNIA,and Executive Vice President of DEVELOPERS INSURANCE COMPANY,does hereby
certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of
Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Anaheim,California,this 2nd day of AUGUST .1988 .
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
d�,Ix
�'co e+,Nr y��15uR�
ti OR, 0° �PccµPOR�f�F
BY i 00
1'tL —
Thomas H.TyrelVJr, ' m IaG7 �o B Thomas Jr., W n IBiB
Executive Vice President Executive Vice President
ID 310 REV 4/88
EXECUTED IN TRIPLICATE BOND NO. 966463S
CITY OF PALM SPRINGS • PREMIUM INCLUDED IN
LABOR AND MATERIALS BOND PERFORMANCE BOND
WHEREAS;• the City Council of the City of Palm Springs, State of California,
and John H. Oberle� Paul G-,Payne and William C. Eal
(hereinafter designated as )rincipa ave entere nto an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated_ 19_, and indentified as project
Parcel Man 22700 is hereby referred to and
made a part hereof; and
WHEREAS, under the terms of said agreement, principal is required before
entering upon .the performance of the work, to file a good and sufficient payment
bond with the City of Palm Springs to secure the claims to which reference is
made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California.
NOW, THEREFORE, said principal and the undersigned as corporate surety, are
held firmly bound unto the City of Palm Springs and all contractors , subcontract-
ors, laborers , materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Civil Code in the sum of
Fourteen Thousand Four Hundred Ni net Six----------------------------- Dollars
4,496. for materials furnished or labor t ereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount 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 attorney'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 and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to
the benefit of any and all persons , companies and corporations entitled to file
claims under 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.
Should the condition 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 hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications
accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension, alteration or
addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal
and surety above named, on AUGUST 2 19 88
JOHN H. OBERLE, PAUL G. PAYNE
AMD I.lTT T TAM C FAT V DEVELOPERS INSURAN
CE
COOMPANY
CORPORATION ■ ■ ■
STATE OF CALIFORNIA
COUNTY OF Orange }SS. '
On August 3, 1988 ,before mc,the undersigned,a Notary Public in and for said State,
W
C4
m v personally aooeared David (' Ranfor
EXECUTED, IN TRIPLICATE �B014D FOR MAINTENANCE OF IMPROVONTS BOND NO. 966465S
• (Subdivision Agreement) PREMIUM: $87.00
riiOW ALL ME14 BY THESE PRESENTS:
That We, John 11. Oberle, Paul G. Payne and William C. Ealy
as Principal ? and DEVELOPERS INSURANCE COMPANY
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF
CALIFORNIA, in the sum of Four Thousand Three Hundred Forty Nine ------------
------- -- Dollars ($ 4,349.00 ) , lawful money of the United States of
America, for the payment of which sum, well and truly to be made, we bind our-
selves, our heirs , executors and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that;
WHEREAS the Principal has entered into or is about to enter into a written
agreement with the City of Palm Springs , pursuant to the authority of the Sub-
division Hap Act of the State of California, for the improvement of the streets
and easements offered for dedication on the final map of Parcel Map 22700 ,
and whereas this bond is required by said City in connecti— on with the execution
of said agreement.
WHEREAS the Principal is requested to guarantee the costs of repair or
replacement of defective improvement construction work or materials within said
Subdivision, which guarantee shall remain in effect for a period of one year
from the date of acceptance of work by the City of Palm Springs , California.
NOW THEREFORE, if the Principal shall for a period of one year from and
after the date of completion and acceptance of said work by said City, replace
and repair any and all defective materials or defective workmanship with said
improvements, then the above obligation to be void; otherwise to 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 in-
cluded 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 accomnanvi— in anywise
affect its oblioatin— - of any
f the
CORPORATION
a principal
STATL^OF CALIFORNIA ))
SS.
Oran 0 the undersigned,a Notary Public in and for said State,
COUNTY OF 1988
On Au ,before mc,
ust 3 'ANY
w CY Ballfer - -
David
personally aPPeated of satisfactory
W or proved to me on the basis
',S1 Personally known eo me
W evidence)Co be the erson who executed the within insttumen[as Ateorney- F.
Y"^i+fe...n" „........ ` .... ."." ...n...... --
P the coup oration thereto "^
�ubehalfof DeveloPers Insurance Company, n . .C"o^^c r� • �.,` '4 j'if-;�) P.i%y ND -
red it
- _ EXECUTED IN TRIPLICATE BOND NO. 9664645
CITY OF PALM SPRINGS PREMIUM: $64.00
u�iIENTATION
BOND FOR FAITHFUL PERFORMANCE OF MON
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS:
That We, John H. Oberle, Paull G. Payne and William C. Ealy
as Principal , and
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA,
in the sum of Three Thousand Two Hundred--------------------------------------- Dollars
($ 3,200.00 awful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally, firmly by these presents .
The condition of the foregoing obligation is such that whereas said Principal has ,
or is about to enter into the annexed agreement with the City of Palm Springs pursuant
to the provisions of the Subdivision Map Act of the State of California and the Sub-
division Ordinance of said City, for the setting of survey monuments in accordance with
the provision of Sections 66495 through 66498 of the Subdivision Map Act and Article
963 of the Subdivision Ordinance of the City of Palm Springs and as shown on the Parcel
Map, and
WHEREAS the Principal , after setting the monuments, agrees to furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monuments
and written proofs of having paid the Engineer or Surveyor for the setting of said
monuments, all in accordance with the requirements of City's Subdivision Ordinance.
NOW THEREFORE, if the said Principal shall well and truly do and perform all the
covenants and obligations of said agreement on its part to be done and performed at
the times and in the manner specified therein, and shall make full payments to all con-
tractors, their subcontractors and to persons renting equipment or furnishing labor or
materials to them for the improvement in the prosecution of the work provided for in
said agreement, then the above obligations shall be void and of no effect; otherwise, it
shall be and remain in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the agreement or to
the work or improvements to be performed thereunder or to the plans or specifications
attached to said agreement shall in any wise affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or
additions to the terms of the agreement or to the work or improvements or to the plans
or specifications.
In the event suit is brought upon this bond by the City and judgment is recovered,
the Surety shall pay in addition to the above specified sum all costs incurred by the
City in such suit, including a reasonable attorney's fee to be fixed by the Court.
WITNESS OUR HANDS this 2ND day of AUGUST
19 88
DW
CORPORATION
STATE OF CALIFORNIA SS. lY
COUNTY OF Oran e -
before me,the undervgned,a Notary Public in and for said Stale,
On