HomeMy WebLinkAbout02611 - MOTEL 6 PM 23055 SUBDIVISION Cindy Berardi
From: Carol Templeton
Sent: Wednesday, September 29, 2010 8:42 AM
To: Cindy Berardi
Subject: RE: PM23055: SIA A2611 Motel 6
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.templetone pal mspringsca.gov
http://www.gcode.us/codes/paimsprings/view.php
NOTE THAT CITY HALL OFFICE HOURS ARE MONDAY THROUGH
THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS
CLOSED MONDAY THROUGH THURSDAY 11 AM TO 2 PM.
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From: Cindy Berardi
Sent: Tuesday, September 28, 2010 5:27 PM
To: Carol Templeton
Subject: PM23055: SIA A2611 Motel 6
Can the attached be closed out?
cc File: A2611 Motel 6 SIA.pdf»
Cindy F)erarJi
Motel 6
., •PM 23055 Subdiv Impry
AGREEMENTS #2641
CIIY OF PALM SPRINGS CM signed 9-11-88
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day ofSEP 1 1989 , 1988
by and between MOTEL 6 operating L.P. by Motel 6 G.P. , Inc. ,_Managing Partner _-_-_.,
hereinafter collectively referred to as "Subdivider" and CIIY 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
No. 23055 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
WHLRLAS, Subdivider, by said map, has offered for dedication to CiLy 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
WHL REAS, as a condition precedent to the acceptance of Lhe 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 $ 225,146.00___ ______ ____-___
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, saniLary 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 Map23055 " , 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 $225.146.00 to assure the
faithful performance of this Agreement, and one bond iii Lhe sum o�� 112,573.00
to assure payment of the cost of the labor and materials for the improvements
required to he 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 $ III,_663.00 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 or Palm Springs as shown on the Tract
1 , Y •
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 $ 3,900.00 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 Map 23055 " 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,
Subdivision Improvement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
SUBDIVIDER: /�
By.
By: G/t
ug c. P Mar ting & Development
er er orG g, T.
sut;. cr r. ,ent
uPJS%)
4651 Dallas PBr"Way
Address
Dallas, Texas 75240
City
CITY OF PALM SPRINGS, CALIFORNIA
-Lk ,jam /
U City Clerk
j�II �� City Manager
REVIEWED & APPROVED D)V0_
STATE OF TEXAS
COUNTY OF DALLAS
On July 21, 1988 before me, the undersigned, a Notary Public in and
for the said State, personally appeared Hugh Thrasher personally known to
me or proved to me on the basis of satisfactory evidence to be the person
who executed the within instrument as the Exec. V.P. , Marketing & Development
and Robert B. Soderborg, Jr. personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed the within instrument
as Assoc. General Counsel & Assistant Secretary of Motel 6 G.P. , Inc. the
corporation that executed the within instrument on behalf of Motel 6 Operating
L.P. the partnership that executed the within instrument, and acknowledged to
me that such corporation executed the same as such partner and that such
nnytnaychin pvprn'Fad fhn camp
CITY OF PALM SPRINGS BOND # 572300
FAITHFUL PERFORMANCE BOND
WHLREAS, the City Council of the City of Palm Springs , State of California,
and MOTEL 6 0peratin�_L.P.___ by_Motel 6 G.P.,_Inc.,_Managing_Ptne�
(hereinafter designated as "principal"jhave entered into an agreement whereby
principal agrees to install and complete certain designated public improvements ,
which said agreement, dated_SP_1 � jg� 19 and identified as project
Parcel Map_23055 _ is hereby referred
to and made a pert 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 Gulf Insurance Company_
as surety, are held firmly bound unto the City of Palm Springs, hereinafter called
("City") , in the penal sum of Two Hundred Twenty Five Thousand One Hundred-Forty Six.
dollars ($225,146.) 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 by the principal
and surety above named, on 1951 .
MOTEL 6 Operating LAP
by Mil 6 Gf an.c.� Managing Partner
BY; �, �., ��� '�!' GULF INSURANCE COMPANY
( ' Pffrid pa I I �r Surety
ASSOC, (2,'NFRA� CCOUNSSF,! P /I
• CITY OF PALM SPRINGS •
LABOR AND MATERIALS BOND
WHEREAS; the City Council of the City of Palm Springs , State of California,
and MOTEL 6 Operating L.P. by Motel G.P..Inc - Managine par nei
(hereinafter designated as 'princUpal "T have entered into an agreement whereby
principal agrees to install r� np�9��e certain designated public improvements ,
which said agreement, dated A Sa, l�_, and indentified as project
Parcel Map 23055 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
One Hundred Twelve Thousand Five Hundred $�vtv Tbr�� Dollars
TT 11 ,573. , for materials furnished or labor thereon 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 iei1;
MOTEL'6 Operating L.P.
by Motel ,6 GrP. ,�ne� agjg Piartner
l ,'d s /BY. 'f � i,� � GULP INSURANCE COMPANY
I ri rjc'i p51 / Surety
� f
//
/Atto'rney-in=Fact
SOE BRUCE
• CITY OF PALM SPRINGS
BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS :
That We, MOTEL 6 Operating L.P. by Motel G.P. , Inc. , Managing Partner
as Principal , and
GULF INSURANCE COMPANY
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF CALIFORNIA,
in the sum of Three Thousand Nine Hundred Dollars
($ 3,900.00 ),llawful 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.
ITNESS OUR HANDS this �41°!` day of q �
19 �EV
MOTE-L'6—Opera fing L.P.
by Mote ,G. c� Macia�g�,g Partner
/_ GULF INSURANCE COMPANY
BY• J �yr f-�4,� Jam. ' '�i A'� �,
P..ri "cipal d (� Sure y
- e^P..�l> .�l n�Pj C.?,"-:..L;??1.f tL'.`if_'C� i✓ \
�SOND FOR MAIN11NANCE OF IMPROVE 0TS
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS:
That We, MOTEL 6 Operating L.P. by Motel_ 6 G.P. . I11C. 9 MnnAgiTlg—PaX_t_ae-r__
as Principal , and GULF INSURANCE COMPANY
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF
CALIFORNIA, in the sum of Eighteen Thousand Six Hundred Sixty Three
-- Dollars ($ 18,663.00 ) , 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 tree Sub-
division Map Act of the State of California, for the improvement of the streets
and easements offered for dedication on the final map of Parcel Map 23055 ,
and whereas this bond is required by said City in connection 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 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 by the principal
anj"ety above named, on J �, ----' 19 -JY
MOTEL 6, O�ati g L.P.
by1�,6 -6 "y% naging�"Partner
GULF INSURANCE COMPANY
}rnnpal — Surety
of het?��3�is Vt`ll'�Jo g.V,iu f�lt'ni^la/e f� / X /
POWER OF ATTORNEY •
KNOW ALL MEN BY THESE PRESENTS:
That GULF INSURANCE COMPANY„ a corporation of the State of Missouri, hereinafter called Company, Does hereby appoint
H.A. GIBSON OR JOE BRUCE OR W. LAWRENCE BROWN OR WILLIAM D. BALDWIN OR
JANICE G. CORREY OR DOROTHY VALEK OR GENE W. HOLT OR KATHLEEN DAY,
DALLAS, TEXAS
its true and lawful Attorney-in-fact to make, execute, seal and deliver on its behalf, as surety, any and all bonds and
undertakings of Suretyship.
The execution of such bonds or undertakings in pursuance of these presents shall be as binding upon the Company as if they had
been executed and acknowledged by the regularly elected officers of the Company.
This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Directors of the Com-
pany, adopted effective September 29, 1961, and now in full force and effect:
"Resolved that the President or any Vice President or any Secretary may appoint Attorneys-in-fact in any State,Territory or Federal District to represent this company and
to act on its behalf within the scope of the authority granted to them in writing,which authority may include the power to make,execute, seal and deliver on behalf of this
Company as surety,and as its act and deed any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require,
including authority to appoint agents for the service of process in any jurisdiction,Slate or Federal and authority to attest to the signature of the President or any Vice Presi-
dent or any Secretary and to verify any affidavit or other statement relating to the foregoing,and to certify to a copy of any of the by-laws of the Company and to any resolu-
tions adopted by its Board of Directors;and any such Attorney-in-fact may be removed and the authority granted him revoked by the President or any Vice President or any
Secretary or by the Board of Directors"
This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile under and by authority of the following reso-
lution voted by the Board of Directors of the Gulf Insurance Company at a meeting duly called and held on the 24th of July, 1973.
"Resolved that the signatures of Warren J. Kwedar,President,or of Frederick Boger,Senior Vice President,or of Arthur C.Warden,Vice President,or of Jack W. May-
nard,Vice President,or of William E.Elston,Vice President,or of Douglas Simpson,Secretary,or of R C Fetherston,Secretary,and the seal of the Company may be affixed
by tacsimileto any power of attorney or to any certificate relating thereto appointing Attorneys-in-fact for purposes only of executing and attesting bonds and undertakings
and otherwritings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future
with respect to any bond or undertaking to which it Is attached."
rRvf'ift w}�ereof,the Company has caused this Powerof Attorney to be signed and its corporate seal to be affixed by its autho-
' I cep his'' 2nd day of Sept. 19 82
By
-, �/�S 0 V.• �,,_ JACK W.MAYNARD VICE PRESIDENT
STII"fl eOlF!'1 PM�yry ss:
CO Duds
�n9p ,
7r5• ••••,�C G�2nd day of Sept. is 82 ,before me,a Notary Public of the State and County aforesaid,residing
7nereirytlulyc ission"d, 4yvorn,personally camethe above named officer of the Company,who being by me First duly sworn according to law,did depose and say that
.he is�iat offic r th Cc any*scribed in and which executed the foregoing instrument;that he knows the seal of the Company; that the seal affixed to such instrument
I s t d c to e e Co�pSy,and that the corporate seal and his signature as such officer were affixed and subscribed
tttoo the said instrument by the authority and
_tlirectlon o ih o any.. C
�J ^•••^•�,..'( •4t -CLIFFORD R.BEARD TARY PUBLIC
My'69 misslcppxpires�l, 30th day of June- _ _ - 19 84
R C E ciY j,f�i L%_/A f
T��µBdersi (ted,do hereby certify that the original Power of Attorney o'wh!ch the foregoing is a true and correct copy is in full
<aor` end e''fTTf��1°•^ the foregoing resolution is a true an -correct transcript from the records of the Company, and that the above
` _rt ed officer ytlk$ r-the date of execution of the forepging-Fower of AStdmFy-authorized to execute this Power of Attorney.
Sr Yvlther�f, I have hereunto subscribed byname and affixed tre r.prpp rate seal of the Company this day
DOUGLAS SIMPSON SECRETARY
Form 1 S 977(9-73)
CORPORATE ACKNOWLEDGMENT(S)
STATE OF TeXdS
COUNTY OF
Dal 1 as ss:
On this 21st day of July ]s 88 before me
personally came Robert B. Soderborg, Jr.
to me known, who, being by me duly sworn, did depose and say that he resides i*+ Dallas
that he is the Associate General Counsel & Assistant Secretary
of the Motel 6 G.P. , Inc. on behalf of Motel 6 Operating L.P.
the Corporation which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he signed
his name to the said instrument by like order.
Ze
Patricia L. Taylor, Notary Pub Vl'
In and for the State of Texas
My Commission Expires : 04-08-89
ACKNOWLEDGMENT BY SURETY
STATE OF TEXAS
COUNTY OF DALLAS
Xi
On this day of �fft 1, , before me, a Notary
Public, within and for said County and State, personally appeared
Joe Bruce to me personally known who being duly sworn upon
oath, did say that he is the Attorney-ln-Fact of and for the
Gulf Insurance Company a Corporation created,
organized and existing under and by virtue of the laws of the State of
„'�;;;dy 1,; that the Corporate seal affixed to the foregoing within
instrument is the seal of said Company, that the seal was affixed and the said
instrument was executed by authority of its Board of Directors,and the said
Joe Bruce did acknowledge that
he executed the said instrument as the free act and deed of said Company.
Notary Public G /
Pamelia Langley
My Commission expires 6-3-89