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HomeMy WebLinkAbout02142 - HOBSON SUBDIVISION TM 19870 Cindy Berardi From: Carol Templeton Sent: Tuesday, September 28, 2010 1:39 PM To: Cindy Berardi Subject: RE: TM19870: SIA A2142 Joseph Hobson 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.templeton0)pal mspringsca.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 12:12 PM To: Carol Templeton Subject: TM19870: SIA A2142 Joseph Hobson <<File: A2142 Joseph Hobson.pdf» 0 Joseph Hobson - Subdiv Impr agr for TM 19870 CITY OF PALM SPRINGS AGREEMENT #2142 (Orig 9-20-84) signed by CM 9-20-84 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of SEP 20 1984 t by and between Joseph Hobson , 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 No. Tract 19870 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 $ 21 ,945.00 ; 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 Tract 19870 " , 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 $ 21 ,945.00 to assure the faithful performance of this Agreement, and one bond in the sum of 5 10,970.00 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 $ 3,290.00 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 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 $ 1 ,800.00 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 Tract 19870 " 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. K e t Subdivision Improvement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. I SUBDIVIDER'�� f F Ij f By: e � I ,r y Address .�f { f p,. City CITY OF PALM SPRINGS, CALIFORNIA ✓� %� fs% C/— City Clerk City MaYager REVIEWED & APPROVED I _ STATE OF CALIFOI,LNIA COUNTY OF R _Verside SS. May 1, 1984 On before me, WM. PALFIN A NOTARY PUBLIC m (here insert the name k quality of the officer) J 9 personally appeared JOSEPH HOBSON OFFICIAL SEAL 'a WM. PALFIN F- personally known to me or roved to me on the basis of satisfactor is NQYARY PUEiLIC CALIFORNIA Q Pe Y ( P Y RIVERSIDE COUNTY U ¢ evidence)to be the person whose name is subscribed to this instrument, K My Comm.Expires Dec.26,1987 Uo and acknowledged that he(she or theuted it. z .. Signature V a Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP '`progress a ad savings go hand ivYnd" ��1OGRESSM', I .� SAVINGS AND LOAN ASSOCIATION i I May 8, 1984 X, Is e City of Palm Springs P . O. Box 1786 Palm Springs , California 92263 Karl Beckley, Engineering Aide III i Re: Tentative Tract #19870 Joseph Hobson, Owner Instrument of Set-Aside Gentlemen: This institution, being a financial institution which is 1 subject to regulation by the State of California or by the Federal Government , hereby pledges that monies to the extent of 1) Faithful Performance--Twenty-One Thousand Nine Hundred Forty Five and no/100 ($21 , 945 . 00) I 2) Labor and Materials---Ten Thousand Nine Hundred Seventy and no/100($10 , 970 . 00) 3) Monumentation---------Eighteen Hundred and no/100 i ($1, 800 . 00) I are included in the budgeted items for the Construction Loan in process with us by Mr. Joseph Hobson, which loan has been approved and will be funded upon issuance of building permits , which we understand will be forthcoming upon receipt of this pledge and set-aside letter among C other City requirements . From the proceeds to be funded pursuant to said construction loan, the above sums will be specifically set aside for the purpose of securing the Owner' s performance of all the terms and conditions of that i certain Agreement for Completion of Improvement Work I dated JEP 20 1984 , 1984, by and between the City of Palm Springs , a Municipal Corporation, and Mr. Joseph Hobson, an executed copy of which is attached hereto and incorporated i herein by reference; and that said funds are set aside for the sole purpose of guaranteeing the payment thereof to the City of Palm Springs or such portion as said City may request for the completion of the improvements set forth in said Agreement for Completion of Improvement Work in the event of default by the Owner . L_ 6'SYS 9584 Wilshire Boulevard P.O.Box 3277 Beverly Hil]s, California 90212 (213) 859-8840 1j — -- ----------- City of Palm Oings May 8 , 1984 Page 2 This institution agrees that upon receipt of written notice of default by the Owner in Owner ' s performance of the terms and conditions of said Agreement, signed by the Director of Community Development of said City, this institution shall immediately pay said funds or such amount thereof as shall be set forth in siad notice , in the City of Palm Springs . This institution further agrees that it shall hold said funds for the uses and purposes herein set forth or such amount as may remain, until such time as it has received 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. Your s.�,,truly, 27, 1 Lon E. Harmon President The undersigned, being the Owner and improver referred to in the foregoing Letter of Set-Aside, hereby agrees to all of the terms and conditions set forth therein. 1 m Dated: : ' (( 1984 GENERAL ACKNOWLEDGMENT NO 201 State of Callfoxni On this the Rt-h day of ''vial 1g1,LE, before me 1' i a � It ss, eountyof Los Angeles Christine M. Bonicki j the undersigned Notary Public,personally appeared � Lon E. Hanmn personally known to me „1 ;„ �rr[etvn 5Ln ❑ proved to me on the basis of satisfactory evidence 4`I a - CHR1ETIkG M. F30NICK! � 7,� rl f ;aNOTAevPueuc-cnuroaN,n to be the person(s)whose name(s) is subscribed to the 1,) LOS ANGELES COIIMY 61 ;,1) �� , MY com^ tixPnes on 31, 1966 within instrument,and acknowledged that he executed it. 01 WITNESS 1 y hand and official seal , to �13 Y c3 Not r s Stg`n/atureyyy f 7110122 - NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364