HomeMy WebLinkAbout02302 - EPSTEIN SUBDIVISION TM18787 Cindy Berardi
From: Carol Templeton
Sent: Tuesday, September 28, 2010 1:48 PM
To: Cindy Berardi
Subject: RE: PM18787: SIA A2302 Epsteen Ltd
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
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THURSDAY 8 AM TO 6 PM. THE PUBLIC ENGINEERING COUNTER IS
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From: Cindy Berardi
Sent: Tuesday, September 28, 2010 12:25 PM
To; Carol Templeton
Subject: PM18787: SIA A2302 Epsteen Ltd
<<File: A2302 Epsteen.pdf»
The attached Subdivision Imp Agr is for all (or part of)the shopping center where Home Depot is.
Can it be closed out?
C iriJy berarcli
Deputy City Cleric
Office of tine City Clerk
Peter Epsteen, Ltd. - Subdiv
Impr Agr for Parcel Map 18787
AGREEMENT #2302
CM signed 4-2-86
R15822, 4-1-86
CITY OF PALM SPRINGS — — —
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this reeJ day of 19�,
by and between Peter Eps e
hereinafter collectively referred to as Su divider 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 Parcel Map
No. R7 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 $ 506,450.00 ;
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. 18787 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 $506,450.00 to assure the
faithful performance of this Agreement, and one bond in the sum of 253,225.00
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 . The developer shall furnish a maintenance bond at the time of
execution of this agreement in the amount of $ which 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
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 $9,900.00 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 No. 18787 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.
SUBDIVIDE_b
CORIPINE PICCIRILLI By:NOTARY PUBLIC
- C4P.IF (1/ � t
v''t+•''� f,1h+ERSI;lE C01ilT( {
_ MY By:
A`dres' —
plo11_�� t C Z,
Clty
CITY OF PALM SPRINGS , CALIFORNIA
City Clerk City Manager
REVIEWED & APPROVED
NC038 10 90 (3)
CITY OF PALM SPRINGS
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Palm Springs , State of California,
and Peter E s e n Ltd
(hereinafter designated as "principal ") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,
which said agreement, dated hp1? 2 1Q95, 19 and identified as project
1azLel MDo No. 18787 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 MID CENTURY INSURANCE COMPANY ,
as surety, are held firmly bound unto the City of Palm Springs, hereinafter called
("City") , in the penal sum of Five Hundred Six Thousand Four Hundred Fifty
dollars ($506 ,450 ) 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 MARCH 28 19 86 .
PETER EPSTEE /,q . a MID CENTURY INSURANCE.', COMPANY
�P", ni r- a, J Surety
, ,
OFFdCII� tt
i,: SI!,AY,
".. '
CCRINNC PICCIR'ILLI Attorney-in-Fact
NOTARY PUBLIC CALIFORNIA _
RIVERSIDE C LAITY DAVID ANDERSON
My c 11 i. C"Acs AIM
G 15 ]9 9
ENG. EF 6
9-15-77
CITY OF PALM SPRINGS N0038 10 90 (4)•
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Palm Springs, State of California,
and p r to n Ltd
(hereinafter designated as "principal " have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements ,
which said agreement, dated 19_, and indentified as project
Parcel Map No 18787 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
Two Hundred Fifty Three Thousand Two Hundred Twenty Five Dollars
253,225 , for materials furnished or labor thereon of any kind—, oF 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 MARCH 28 lg 86.
PETER EPSTEENjil 41 �jl�� r� MID CENTURY INSURANCE COMPANY
Princip q ,/ r - ! Surety
., OFFICIAL SEAL Attorney-in-Fact
` DAVID ANDERSON f
COIdt NE PICCIRIL11
F
==`aq ,,.,,r<<bl NgY'ARY PUBLIC - C(M-ORNIA
.s�. RIuCRSIN Co: Frjp'
ENG. EF 7
9/77
• N0038 10 90 (5)
BOND FOR FAITHFUL PERFORMANCE OF MONUMENTATION
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS:
That We, Peter Epsteen Ltd.
as Principal, and MID CENTURY INSURANCE COMPANY
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS ,
STATE OF CALIFORNIA, in the sum of Nine Thousand Nine Hundred
Dollars ($9 900.00 ) , lawful money of the United
States of America, for the payment t 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 agree-
ment 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 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 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 contractors,
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
rind agrees that no change, extension of time, alteration or addition
!:o Lhe terms of the agreement or to the work or improvements to be
I.,crformed thereunder or to the plans or specifications attached to
said agreement shall in any wise affect its obligations on this bone ,
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� fixed by the Court.
WITNESS O HAN S thls 28TH day of MARCH ,
19 8 6 0 lJ
rl �,
MID CENTURY INSURANCE COMPANY_
Ti Yn •ip Surety -
�� —
OFFICL4L SEAL —
9 COI'difVNC PICCIR'ILpm U
NOTARY CMBLIC - CAUFORMrA ATTORNEY-IN-FACT
I?NERS!DC CO!!P1TY DAVID ANDERSON
' ,,,., ✓ Al" r-mm. uphr s Q,G 198s - a .
d N0038 10 90 (6)
WND FOR MAINTENAIIACE OF IMPROVERS
(Subdivision Agreement)
KNOW ALL MEN BY THESE PRESENTS:
That We, Peter Epsteen Ltd.
as Principal , and MID CENTURY INSURANCE COMPANY
as Surety, are held and firmly bound unto the CITY OF PALM SPRINGS, STATE OF
CALIFORNIA, in the sum of Seventy Five Thousand Nine Hundred Sixty Eight
Dollars ($ 75.968.00 ) , 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 Map Act of the State of California, for the improvement of the streets
and easements offered for dedication on the final map of ' Parcel No. 18787 ,
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 therefore, 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 WI/TNV$S WHEREOF, this,-i strument has been duly executed by the principal
and suret�� b�' na,
� � � o� MARCHl8 1986
l�r �Ad' fd .�
" MID CENTURY INSURANCE COMPANY
g /ys grh� a Surety
tltl
/ COP.INNC PICAII
ml L01
P1OT fv u¢u cnLWOR of vin Attorney-in-Fact
rd7 m DAVID ANDERSON:
T,n. axpires ri'f °5, lERO r - —
7