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Home My WebLink About01926 - RACQUET CLUB OF PS SUBDIVISION TRACT 18785 r l LJ Racquet Club of P.S. , a corp CITY OF PALM SPRINGS AGR #1926 - Subdiv Impry re Tract 18785 SUBDIVISION IMPROVEMENT AGREEMENT Signed by CM 4-5-83 (originals lost) THIS AGREEMENT, made and entered into this 5th day of April 1983 by and between, RacqQ t b s > hereinafter collectively referre to as Su divider and IT OF P 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 t No. 18785 in the City of Palm Springs, County of Riverside, for approval by City; a' nd , �,— 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, highway''„ 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 $ 39,055.00 ; NOW, THEREFORE, IT,IS AGREED by and between the parties hereto as follows: 'l . 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 " , 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 $ to assure the ond i faithful performance of this Agreement, and one bn the sum o 19,525,00 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 $ 5,860.00 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. A. .�, 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•18785 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, Subdivideri:authorizes City to perform such obligation twenty (20) 'days after mailing written Notice of Default to Subdivider at the address given below, and agreesd.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. On this 5th day of April, 1983 Edward R. Potter personally appeared before me and sworn to be the President SUBDIVIDER: of The Racquet Club of Palm Springs. PAX CLUB F p - Q`J. 2/ By � hawarQ R. Potter, Press ent Dolores A. Barrett, Notary Public l� GARDEN VILLAS LTD. - Devel5oper ncy neral On this 5th day of April, 1983 By: Edward R. Potter personally a E ar R. Potter Vice-Press ent Pn y appeared'l I dress 2743 N. Indian Avenue before me and sworn to be the Vice- President of Garden Villas, Ltd. and Hotel pDel Coronado Corp. city Palm rims Qllifnrn' Q7?F7 Dolores A. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Notary Public le lty Clerk City/Manager REVIEWED & APPROVED N OFFICIEALDDLORES3ARRET7NOTARY PUDIJC - CALIFORNIA RIVERSIDE COUNTY - My cam,. "PI, DEC 1, 1986 - . DE ENG. EF 5 8/76 Son Y '1° STATE OF f,A[.IFORN[A l ,COUNTY OF— RTV DE 1 'S• FR. On_—ANY 11 5 , 1983 , before me, the undersigned, a a tl SAFECO aw a Notary Public in and for said County and State, personally appeared —F [xig R• pottt=7^ known to me to FOR NOTARY SEAL OR STAMP be the_ViCP- President,pLxi�------------- ' a � � Hotel Del15 - o Cmmn rin flnrrrir _ dtlnri the corporation that A executed the within instrument and known to me to be the persons OFFICIAL SEAL • `o who executed the within instrument on behalf of said corporation, '`."u°„r".M1 said corporation being known to me to be one of the partners of DOLO'RES A BARRUT u Garden d11aS r Ltd. , the e 1 t, NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY o partnership that executed the within instrument, and acknowledge) ' o to me that such corporation executed the same as such partner My comm. expires DEC 1, 1986 and that such partnership executed the sa�)e. rr tl N N STNTF. OF CALIFORNIA COUNTY OF— RIV"EPSIDE } SS. April 5 1983 a On r .� before me, SP.FECO n 'n the uudernn_ned, a Ntitan Public in and for said Counts and State, personally appeared Edward R. Potter FOR NOTARY SEAL OR STAMP known to me to be the_______President, >Dd Ei kri 3] c _ Hof the corporation that executed the -� ° within Ltstrumrnt. known to me to be the persons who executed the tom. OFFICIAL SEAL `a within In. Iument mt behalf of the corporation therein named, and a ;n knmrleSped to nix that such corporation t•xeeuted the wtthm DO'LORES A BARRETT J instrument pursuant to its by-lac.. or a resolution of its board of '�L NOTARY PUBLIC - CALIFORNIA directors, i RIVE PSIDE COUNTY � My comm. expires DEG 1, 1986 y I/`t�/ V�V IXNI U Signature • - u N 'rl rr c- . � - BA►NKO�A.MERIC/,'l Cable Address: BankAmerica INTERNATIONAL BANKING OFFICE #1263. Place: P.O. BOX 1:003 SAN DIFGO, CA 92112 7atc APRIL 5, 1983 IRREVOCABLE All drafts must be',rnarked: Advising bank reference no. _. "Drawn under Bank of America - STANDBY LETTER OF credit no. SBSD-11507" Advising bank For account of RACQUET CLUB OF PALM SPRINGS - OVNER GARDEN VILLAS, LTD., — DEVELOPER 2743 NORTH INDIAN AVENUE P.O. BOX 1747 PALM SPRINGS, CALIFORNIA 92263 To beneficiary Amount CITY OF PALM, SPRINGS, CALIFORNIA U.S4� ,t100.00 (ONE THOUSAND EIGHT HUNDRED 3200 EAST TAHGIT7.—MCCALLOil WAY, � � � �AND� NO/100 UNITED STATES DOLLARS) <, PALM SPRINGS,, CALIFORNIA 92262 expiration date iAt kJfcY '-, Qs Gentlemen: E3 This refers to preliminary cable advice of this credit v We hereby establish our irrevocable fetter of credit'in, your favor available by your drafts drawn at on US and accompanied by documents specified below: i A STATEMENT SIGNED BY THE ,DIRECTOR,OF COOIUNITY,LIEVILOPMFINT 'OF THE 11 CITY OF PALM SPRINGS, CALIFORIA ,THAT T.O ; RACQUET CLUB,iOF, PALM,,:SPRINOS:,, OWNER OR GARDEN:4ILLAS, LTD. — DEVELOPER'"HAS NOT COMPLIEDA41TH THE TERMS;°;AND 'CONDITIONS OF THAT CEP.TAD4 AGREEMENT FOR THE, SETTI'NG::OF, MO!NUMENT OF, THEIR OBLIGATION TO THE CITY OF PALM SPRINGS, — CALIFORNIA. COVERING SUBDIVISION,]IMPROVEMENT AGREEMENT DATED AS OF APRIL 6, 1983,1`4ADE AND ENTERED INTO BY AND BETWEEN THE CITY, OF: PALM SPRINGS, ;CAL'IFORNIA'AND THE RACQUET CLUB OF PALM SPRINGS — 014NER/ .GARDEN VILLAS, LTD. — DEVELOPER.. RELATING SPECIFICALLY TO THE SETTING OF MONUMENTS OF SAID 'AGREEMENT.', o SPECIAL INSTRUCTIONS: r PARTIAL DRAWING' PERMITTED' I j We hereby engage with you that all drafts dr awn'under and in Advlsrng bank's notification I compliance with the terms of this c adbwill he,'dulS honored',if drawn and presented for payment'atthis of9ico bn or before - } the expiration date of this credlL, I SU�cerely yours 1 CB A uihatlzcd 6Ignature Place;date, name and signature of the advising bank. F. 152x t 10 8 I)sank r(America NT&SA Bn NKOFAMERICA Cable Address: BankAmerica ' 114TERNATIONAL, BANNING OFFICE, #1263 - Place: P;O. BOX X1003' SAN 'DIEGO, CA 92112 Date. APRIL 5, 1963 IRREVOCABLE All drafts must be marked: Advising bank reference no. "Drawn under Bank of America STANDBY L.ET 1;ER, OF CREDIT credit no SBSD-11606" Advising bank - - For account of RACQUET CLUB OF PALM SPRINGS - OWNER GARDEN VILLAS, LTD. - DEVELOPER 2743 NORTH INDIAN AVENUE P.O. BOX 1747 PALM SPRINGS, CALIFORNIA 92263 \, o To beneficiary Amount CITY OF PALM SPRINGS, CALIFORNIA U.S35,360.00 (FIVE THOUSAND EIGHT z 3200 EAST TAHGITZ-MCCALLUM WAY HUNDRED SIXTY AND NO/100 UNITED STATES ES PALM SPRINGS, CALIFORNIA 92262 DOLLARS) Expiration date �a Gentlemen: ❑ This refers to preliminary cable advice of this credit. EWe hereby establish our irrevocable letter of credit in your favor available by your drafts drawn at -----SIGHT—— o on SS � and accompalSied by documents specified below; A STATEMENT SIGNED W THE'DIRECTOA OF COMMUNITY DEVELOPMENT OF THE CITY OF PALM SPRINGS, CALIFORIA ,THAT THE RAC,QUE,T CLUB OF-PALM SPRINGS - OWNER OR GARDEN VILLAS, LTD, - DEVELOPER HAS NOT COMPLIED WITH THE TERMS AND CONDITIONS OF THAT CERTAIN T AGREEMENT FOR MAINTENANCE OF IMPROVEMENTS OF THEIR OBLIGATION TO THE CITY OF PALM ; o SPRINGS, CALIFORNIA. '. N COVERING SUBDIVISION IMPROVEMENT AGREEMENT DATED AS. OF APRIL 6, 1983,, MADE AND ENTERED INTO BY AND BETWEEN TNE .CITY OF PALM SPRINGS; CALIFORNIA AND THE RACQUET CLUB OF PALM SPRINGS - OWNER/ GARDEN VILLAS, LTD., - DEVELOPER RELATING SPECIFICALLY FOR THE MAINTENANCE OF IMPROVEMENT OF SAID AGREEMENT. SPECIAL INSTRUCTIONS: PARTIAL DRAWING PERMITTED. ' '� :F * * ;F k is F it �c is '•1• * •;: .k :c ;'c * � :h k is is h• :c k k Jc * ;k .� lr is k �: * >1: :': � is is •k Y m C :U v 1' �E rn 3.r s We hereby engage with you thaC all drafts drawn under and in Advising bank's notification compliance with Me terms of this credit will be'duly hdriored if drawn and presented for P"rne%at this office on or before _ = the expiration date of this credit., er . . - - , 3 " Sincely yours, . _ - ro CB 1m1 ;i , A honzod counter si�aature� "�"Audson�ed- ignaturc Place' date, name and signature of the advising bank. =� F%-152x (10 81)6pnk of AmofltB NT4SA BANKnF/'�'MERIC;A► Cable Address: l3ankAmenoa � INTERNATIONAL 'BANKING OFFICE" ;L126: Place: P.O. BOX'''IX1003 'SAN DIEGO, CA 92112 Date: APRIL 5, 1983 IRREVOCABLE "Drawn drafts must be marked: Advising bank reference no. "D'rawn under Bank of Amenca STANDBY LETTER OF CREDIT , credit no. SBSD_1,1504." Advising bank: For account of RACQUET CLUB OF PALM SPRINGS - OWNER GARDEN VILLAS, LTD. DEVELOPER 2743 NORTH INDIAN AVENUE P.O. BOX 1747 PALM SPRINGS, CAL.IFORNIA 92263 To beneficiary Amount O CITY OF PALM SPRINGS, CALIFORNIA U.S.$39,055.00 (THIRTY NINE THOUSAND 3200 EAST TAHGITZ-MCCALi_UM WAY FIFTY FIVE AND MOP OO UNITED STATES o PALM SPRINGS, CALIFORNIA 92262 DOLLARS) J,m cL r Expiration date HUA"-,-1— d Gentlemen: ❑ This refers to preliminary cable advice of this credit. o We hereby establish our irrevocable letter of credit in your favor available by your drafts drawn at -----SIGHT----- on and accompanied by documents specified below: A STATEMENT SIGNED BY THE. DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF PALl'l r E SPRINGS, CALIFORIA THAT THE. RACQUET' CLUB OF PALM SPRINGS - OWNER OR GARDEN VILLAS, �s LTD. -- DEVELOPER HAS NOT COMPLIED WITH THE TERMS AND CONDIT'ION OF THAT CERTAIN AGREEMENT FOR FAITHFUL PERFORMANCE OF THEIR OBLIGATION TO THE CITY OF PALM SPRINGS, CALIFORNIA. r Y6 COVERING SUBDIVISION IMPROVEMENT AGREEMENT DATED AS OF APRIL 6, 19E3, MADE AND ENTERED INTO BY AND BETWEEN THE: CITY OF PALM SPRINGS, CALIFORNIA AND THE RACQUET CLUB OF PALM SPRINGS - OWNER/ GARDEN VILLAS, LTD. - DEVELOPER RELATING SPECIFICALLY "I'0 'i'HEIP. FAITHFUL PERFORMANCE OF' SAID AGREEMENT. SPECIAL INSTRUCTIONS: PARTIAL DRAWING PERMITTED. .p is k :Y k k .k 'k k >F k• ^h Y F x :l * x k i; * 4• s'c k k is �; ;. •: A xti'- :t i, icx k k :k k >< * >': m r � a c , m V m m 0 p j 01 4 We hereby engage with you.that all drafts dawn under and in Advising bank's notification compliance with the 'ten'ns_of,this bfodil'will he,iduly honored If drawn and presented for payment at this office on or before_ -the expiration date of this credit ? „ 'Sincerely-yours - ';:> CB Authorized counter srgnaturj� ,.+1,t�or(�e�l s4nature Place, date, name and signature of the advising bank. i' Fx 152z (10-81)Bunk a1 Anierla.NT&SA •1 1 , i LJ BAN K OF AM E RI CA Cable Address: BankAm-rica INTERNATIONAL ,BANKING OFFIGE,, 1263 Place: P.O.i BCIX X1,003 SA�J'DIE GO, �CA, 92112 r Date: APRIL 5, 1983 IRREVOCABLE All drafts most be marked' Advising bank iefruence no. L� '.Drawn under Dank of America STANDBY LETTER bF",C"CREDIT , � � � ''credit no. SBSD-11505" Advising bank . For account of -RA ET CLUB f PALM SPRINGS - Oi-NER GARDEN VILLAS LTD. — DEVELOPER 2743', NORTH INDIAN AVENUE P:O. BOX 1747 PALM'S RINGS, CALIFORNIA 92263 To beneficiary . , Amount N CITY OF PALM, SPRINGS;,'C,ALI'r-ORNIA U:S.$1.995?a.00 (NINETEEN THOUSAND FIVE 3200 EAST TAHGTTZ-MCCALLUM WAY', HUNDRED TWENTY FIVE AND It10/100 UNITED o PALM SPRINGS, CALIFORNIA 92E,52' STATES DOLLARS) n Expiration date J6 Gentlemen: ❑ This refers to preliminary cable advice of this credit. y y evocable letter below. y y your drafts drawn at _____SIG{IT--�-- We hereby estabOsh our it credit in your favor available b o on and accompanied h documcrits specified A STATEMENT SICKED BY JHE,'tDIRECTOR!"OF C011HUNITY DEVELOPoIENT OF THE CITE' OF PALli SPRINGS, C:ALIFORIA THAT THE, RA('�QUET CLUB )F PALM SPRINGS — OWNER OR GARDEN VILLAS, LTD. — DEVELOPER HAS NOT CONIPLIEDWITH" TINE TERMS ,AND .CONDITIONS OF THAT CERTAIN AGREEMENT FOR LABOR AND MATERIALS OF THEIR�'OBLIGATION TO THE CITY OF PALM SPRINGS, F o CALIFORNIA. COVERING SUBDIVIS1OM 'IMPROVEN8NT AGREEMENT" DATED AS OF APRIL 6, 1983, MADE AND ENTERED = INTO BY A14D BETWEEN THE CITY. OF' 'PALP) SPRINGS, CALIFORNIA AND THE RACQUET CLUB OF PALM SPRINGS — OHNERI GARDEId, VILLAS, LTD., '— DEVELOPER RELATING SPECIFICALLY 'TO THE LABOR AND MATERIALS OF SA'Ib AGREEMENT. SPECIAL I 14STRUCT IONS: PARTIAL DRAWING PERMITTED. n * F -:; X k k k k :t' r•„ x; k �; ;l k k ;': Ir k is r: •k :t 2 A Ji C 7 O CZ - 2 We hereby engage with you that alf dratt5 urawn,under and in ' '.Jvising banl('s notification compliance with the terms of,this credit.will,do:duly!honored : ' - - ' if drown and preserlte-d�for,pagrpcnt:at this office on or befute the expiration date of this credit. - - N „Sincerely yours - : - a Authorized counter signature: `" A ithohz'ed signature Place,�date name and signature of the advising bank, -i� Fx 152x(10-81)0o11,d Americo NT&SA