HomeMy WebLinkAbout14 Res 2021-65 Final Map 37240 Villa PD, LLC PDCCSTAFF REPORT
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
MEETING DATE: October 28, 2021
PREPARED BY: Rosie Lua, Principal Planner
REQUEST: Adopt Resolution No. 2021-65 Approving Final Tract Map No. 37240
and Subdivision Improvement Agreement related thereto
________________________________________________________________________
Recommendation
Waive further reading and adopt Resolution No. 2021-65 approving Final Tract
Map No. 37240 and the Subdivision Improvement Agreement related thereto.
Strategic Plan
This action has no impact on the Strategic Plan.
Background
On May 10, 2018, City Council adopted Resolution No. 2018-16, approving a Precise
Plan, Conditional Use Permit, and a Mitigated Negative Declaration (MND) for the
repurposing of the former Palm Desert Country Club Executive Course (Executive
Course) requested by PD Holdings, LLC, to include 69 condominium units on
approximately 30 acres. A Change of Zoning of the golf course property from Open Space
(O.S.) to Mixed-Residential (R-2) was adopted by City Council on May 24, 2018,
Ordinance No. 1337 to allow residential development on the former golf course.
On June 19, 2018, the Planning Commission adopted Resolution No. 2721 approving
Tentative Tract Map Nos. 37240, 37241, and 37242 by unanimous vote (5 to 0) for a total
project area of 30 acres within the Palm Desert Country Club, generally located on the
north side of Fred Waring Drive between El Dorado Drive and Warner Trail. The Tentative
Tract Map No. 37240 consisted of 32 condominium units on 13.28 acres inclusive of one
(1) parcel (APN: 637-190-024). More specifically, the new subdivision is bordered by
Oklahoma Avenue to the west and north, Tennessee Avenue to the east, and Kentucky
Avenue to the south.
On January 9, 2020, the City Council held a duly noticed public hearing to consider the
request by PD Holdings, LLC to amend Condition of Approval No. 14 relating to affordable
housing fee for park land for the former golf course. City Council continued the item to
February 13, 2020 directing staff to work with the applicant to establish interim
maintenance standards for the Executive Course and to ensure the applicants impact fee
October 28, 2021
Resolution No. 65
Page 2 of 3
payments would contribute to a City housing funds. At the February 13, 2020 meeting,
City Council continued the item to the regularly scheduled meeting of February 27, 2021
to allow staff additional time to work through the requested items. On March 12, 2020,
City Council approved Resolution No. 2020-01 by unanimous vote ( 5 to 0) allowing the
amendment of Condition of Approval No. 14 relating to the affordable housing fee for park
land and the providing interim maintenance standards for the former golf course.
In addition, the City Council required a full survey of Tentative Tract Map No. 37240 to
identify properties that encroached onto the former golf course. Conducted by the
Applicant, the result of the survey concluded that 17 properties encroached onto the
former golf course. In December 2020, the Applicant mailed certified letters to property
owners informing them that the Palm Desert Country Club was offering an easement for
the existing encroachment and requested a written confirmation of acceptance of the
easement. The Applicant received 11 property owner responses stating that they would
remove or were in the process of removing the encroachment. In March 2021, the
applicant sent out a second request to the remaining six (6) property owners requesting
a written acceptance of the easement. In response, the Applicant received written
responses from two (2) property owners accepting the easement and four (4) property
owners with encroachments remained unresponsive. On June 8, 2021, a third request
was mailed to the four (4) remaining property owners with no responses received. After
review of the outreach efforts by the Applicant, the City agreed to allow a grant of
easement for use and access to all six (6) property owners to preserve the existing
encroachment. On October 14, 2021, the Applicant submitted, six (6) Grant of
Easements for use and access to the property owners with remaining encroachments.
The affected properties are the following Assessor’s Parcel Numbers: 637-423-002, 637-
411-005, 637-394-013, 637-403-020, 637-411-006, and 637-403-001. The six (6)
executed Grant of Easements will be recorded concurrently with the Final Tract Map No.
37240.
The Final Tract Map No. 37240 conforms to all applicable requirements of the Subdivision
Map Act and the City’s Subdivision Ordinance. The final map has been deemed
technically correct by the City Engineer and the conditions of approval in adopted
Resolution No. 2721 have been satisfied. VillasPD, LLC which replaced the ownership of
PD Holdings, LLC has submitted the Subdivision Improvement Agreement along with
performance and payment bonds to guarantee the site improvements inclusive of a
Grading bond and Monumentation bond.
Fiscal Analysis
There is no direct fiscal impact from the acceptance of the final map.
October 28, 2021
Resolution No. 65
Page 3 of 3
LEGAL REVIEW
N/A
DEPT. REVIEW
FINANCIAL
REVIEW
N/A
ASSISTANT CITY
MANAGER
.�lndy �'irestine
M a.v�{-'uti A Lvu-v�z
Robert W. Janet Moore
Hargreaves Martin Alvarez, Director of Director of
City Attorney Development Services Finance
City Manager L. Todd Hileman: L. Todd I-t��ew�.av�
APPLICANT
VillasPD, LLC
77200 California Drive
Palm Desert, CA 92211
Andy Firestine
Assistant City
Manager
ATTACHMENTS: 1. Resolution No. 2021-65
2. Conditions of Approval Resolution No. 2721 & 2020-01
3. Final Tract Map 37240
4. Tentative Tract Map 37240
5. Subdivision Improvement Agreement
CITY COUNCILA�'iTION
APPROVED � DF,NTF.D ,
RE EIVED OTHER
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ME�T G DAT �� ��� �" �
AYES: �
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Original on File with City'Elerk's Office
RESOLUTION NO. 2021-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP
OF TRACT NO. 36342 AND THE SUBDIVISION IMPROVEMENT
AGREEMENT RELATED THERETO
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
(1) The Final Subdivision Map of Tract 36342, City of Palm Desert, California,
is hereby approved as the official map of said parcel, subject to the
conditions of the Tentative Map.
(2) The Mayor and City Clerk are authorized to execute on behalf of the City a
Subdivision Improvement Agreement guaranteeing completion of the public
improvements required by law.
(3) The City Engineer (The Director of Development Services) is authorized to
receive the important security on behalf of the City, as required by law,
subject to approval of the City Attorney as the form.
(4) The Director of Development Services is directed to process the Tract Map
for Recording upon receipt of the required payment of all fees.
APPROVED by the City Council of the City of Palm Desert, California, on this 28th
day of October, 2021, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN KELLY, MAYOR
ATTEST:
__________________________________
NORMA I. ALLEY, MMC, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
PLANNING COMMISSION RESOLUTION NO. 2721
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAPS
37240, 37241, AND 37242 FOR CONDOMINIUM PURPOSES TO
ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30 ACRES
LOCATED WITHIN PALM DESERT COUNTRY CLUB (PDCC)
CASE NOS: TTM 37240, TTM 37241, & TTM 37242
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of June 2018, hold a duly noticed public hearing to consider the request by
McFadden Architects, for approval of the above-noted; and
WHEREAS, the City Council, at their meeting of May 24, 2018, adopted Ordinance
1337 for a Change of Zone of the golf course property from Open Space (OS) to Mixed-
Residential (R-2) to allow for residential development on the former golf course; and
WHEREAS, the City Council, at their meeting of May 10, 2018, adopted Resolution
No. 2018-16, approving a Precise Plan, Conditional Use Permit, and a Mitigated Negative
Declaration (MND) for the repurposing of the former Palm Desert Country Club Executive
Course (Executive Course), with 69 condominium units on approximately 30 acres; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, in that the Director of Community Development has determined
that the project will not have a negative impact on the environment and that a Mitigated
Negative Declaration (MND) was adopted by the City Council at their meeting of May 10,
2018; and
WHEREAS, the Executive Course ceased operations in 2013 and since that time,
the course has slowly reverted back to its natural condition; and
WHEREAS, the Executive Course is independently owned and not subject to the
voting, legal, or financial assistance of the homeowners' association (HOA); and
WHEREAS, the City cannot require the continued operation of a private business
venture, such as the operation of a golf course, and that all property owners are afforded
the ability to formal review procedure with the City for the development proposal; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify the approval of said request:
1. The proposed project is consistent with the goals and policies of the Palm Desert
General Plan including that the project will provide an adequate transition
between the surrounding neighborhood and new development, preserves open
space, provides on-site recreational amenities, and provides a variation in
housing type for the existing PDCC.
PLANNING COMMISSION RESOLUTION NO. 2721
2. The project and development intensity provide land use compatibility within the
boundaries of the planning areas and with adjacent properties as the
development standards and uses are similar to existing uses in the surrounding
neighborhood.
3. The project sites and proposed development intensity is suitable and appropriate
for the property in that the property provides additional residential units within an
existing predominately single-family neighborhood and preserves and enhances
portions of existing open space.
4. That the proposed project is not detrimental to the public health, safety or general
welfare, or materially injurious to the surrounding properties or improvements in
the City of Palm Desert.
Findings for Approval:
1. That the density of the proposed project is consistent with applicable general and
specific plans.
The project is for fhe construction of 69 condominium units on approximately 30
acres of land formerly operated for the purposes of a golf course. This density,
which is approximately 2.3 dwelling units per acre, is nearly half the density of
the existing surrounding single-family neighborhood. This type of in-fill
development is promoted in the General Plan under the following Land Use
Element policies:
• LU 1.2 — Open Space Preservation — the project balances the
development of the former golf course by preserving 49 percent of the
existing open space and creates both a quality built environment and
enhanced and recreational open space.
• LU 1.6 — Communitv Amenities — the project provides both private and
public amenities available to the entire PDCC neighborhood. Private pools
and sports courts are provided for use by residents of the condominium
project. New pedestrian paths, communify gardens, gazebos, and
exercise equipment are provided for the broader community.
• LU 2.3 — Landscapinq — the project preserves and enhances the existing
open space afforded by the former Executive Course by providing an
open green space network.
• LU 2.11 — Roadwav Scale — the project provides curvilinear roadways that
are 24 feet wide and are connected into the existing surrounding roadway
network. The roadway scale is appropriately sized to slow vehicle
movements in the project site. In addition, some roadways portions are
broken up to eliminate through traffic within the sites and to promote
pedestrian connections.
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PLANNING COMMISSION RESOLUTION NO. 2721
• LU 3.3 — Varietv of Neiphborhoods — the condominium project contributes
to a varied housing product and price point for PDCC.
• LU 3.10 — Shared Driveways — the project provides for several
opportunities for shared driveways for groupings of condominium units.
These grouping and share driveways reinforce the pedestrian scale of the
roadways.
• LU 3.17 — Gated Communities — similar to the existing PDCC, this project
is not gated.
• LU 3.21 — Infill Neiqhborhood — this project achieves the goals of this
policy by providing additional community amenities, providing destinations
for recreational space, and providing pedestrian connections internal to
the project sites and to the broader surrounding neighborhood.
2. That the design or improvement of the proposed project is consistent with
applicable general and specific plans.
The design and improvements of the project have been reviewed by the Planning
Department, Fire Department, and Public Works Department for consistency with
the General Plan and emergency services. The lot sizes, street and utility
improvements, circulation patterns, and drainage improvemenfs meet all
requirements of the General Plan. All existing perimeter streets are in
conformance with the General Plan and new streets will be designed and
constructed to City standards.
3. That the site is physically suitable for the type of development.
The development of the former Executive Course contains approximately 30
acres and is suitable for the development proposed. Existing utilities and
roadways serve the surrounding area and can accommodate the additional
development of 69 condominium units. Environmenfal, cultural, and other special
studies were prepared for lands within the project area. No environmental issues
were identified that would indicate that development in this area would be
unsuitable. In addition, existing commercial operations and residential
developments have successfully constructed similar types of development in the
immediate vicinity. No obstacles to the development of surrounding subdivisions
were experienced and, due to the proximity and similarity of the proposed
development, it's reasonable to conclude that the site is physically suitable for it.
The property is suitable for the proposed development as conditioned and
mitigated as described in the Inifial Study and MND.
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PLANNING COMMISSION RESOLUTION NO. 2721
4. That the site is physically suitable for the proposed density of development.
The project's density is 2.3 dwelling units per acre; approximately one-half the
density of the existing single-family neighborhood. Utilities are in place and can
accommodate the additional development of condominiums. Public safety
services and schools are adequately staff and can accommodate the additional
residential units. The sites can accommodate the proposed density of the project
and can achieve a 49 percent preservation of open space.
5. That the design of the project and the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injury
to fish or wildlife or their habitat.
For purposes of the California Environmental Quality Act (CEQA), a MND of
Environmental Impact has been prepared. The design of the project will not cause
subsfantial environmental damage or injure fish or wildlife or their habitat since the
surrounding area has been developed with similar densities and limited wildlife is
present at the site. Environmental studies performed at the site did not identify any
endangered or sensitive species. In addition, the project will pay into the Coachella
Valley Multi-Species Habitat Conservation fund for the development of the project.
6. That the design of the project or the type of improvements is not likely to cause
serious public health problems.
The design and layout of the 69 condominium units and the improvements for
new roadways, grading, and drainage, are in compliance with all grading
requirements and the properties will be developed in accordance with the
Uniform California Building Code. Grade changes in the community are
accommodated by the street layout, retaining walls, drainage swales, and open
space provided throughout the subdivision. Pedestrian access is provided to
adjoining land uses and surrounding roadways, which decreases the need for
vehicular traffic between adjoining properties.
7. That the design of the project or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
The proposed project will construct new drainage improvements within the
project boundaries, including drainage swale, retention basins, curbs, and
gutters. The improvements related to drainage will be provided to ensure the
project area accommodates 100 percent of the 100-year storm. Surrounding
perimeter City streets are built-out to the General Plan designation and the
developer will complete roadway connections into their project at intersections
with existing streets to their ultimate build-out. Pedestrian connections will also
be provided fhroughout the project area.
4
PLANNING COMMISSION RESOLUTION NO. 2721
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve Tentative Tract Map 37240,
37241, and 37242, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 19t'' day of June 2018, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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J EPH PRADETTO, CHAIRPERSON
ATTEST:
/�'���%�--
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
5
PLANNING COMMISSION RESOLUTION NO. 2721
CONDITIONS OF APPROVAL
CASE NOS. TTM 37240, TTM 37241, and TTM 37242
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. The applicant shall receive approval of tentative tract maps for the condominium
development within one (1) year of project approval or all applications approved under
this Resolution shall be null and void.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved Precise Plan and future
Tentative Tract Maps and all Palm Desert Municipal ordinances and state and federal
statutes now in force, or which hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
5. A cultural resources inventory shall be completed by a qualified archeologist prior to
any development activities within the project area.
6. Should human remains be discovered during the construction of the proposed project,
the project coordinator will be subject to either the State Law regarding the discovery
and disturbance of human remains or the Tribal burial protocol. In either circumstance,
all destructive activity in the immediate vicinity shall halt, and the County Coroner shall
be contacted pursuant to State Health and Safety Code 7050.5. If the remains are
determined to be of Native American origin, the Native American Heritage Commission
(NAHC) shall be contacted. The NAHC will make a determination of the Most Likely
Descendent (MLD). The City and developer will work with the designated MLD to
determine the final disposition of the remains.
7. The project shall remain ungated and shall continue the street naming theme present
within PDCC. All street names shall be named for States of the United States of
America.
8. Perimeter walls shall be placed on the developer's side of the abutting property line.
The developer shall meet with and discuss the property wall design options with
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PLANNING COMMISSION RESOLUTION NO. 2721
abutting neighbors and offer a choice betwreen the three options approved by the
Architectural Review Commission and Planning Commission.
9. All recreational amenities shown in the approved plans shall be installed by the
applicant including, pool areas, gazebos, pavilions, pathways, and exercise equipment.
Changes to the play areas and exercise equipment shall be reviewed by the Director of
Community Development.
10. The project shall not exceed the density approved by the Planning Commission. All
buildings shall be single-story and shall not exceed a height of 18 feet with the
exception of architectural elements, which shall not exceed the heights permitted by the
Palm Desert Municipal Code (PDMC).
11. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
12. Each Planning Area shall be subject to all applicable fees at the time of issuance of
building permits for improvements within that Planning Area.
13. The developer agrees to pay an in-lieu affordable housing fee not to exceed $12.50 per
gross square foot of livable space per unit for the entire project. The fee shall be paid at
building permit issuance on a per unit basis.
14. The developers and their landscape architect, agree to meet with individual
homeowners regarding final tree placement within the site area. Tree quantities shall
not be less than those shown in the preliminary landscape plan.
15. Final landscape plans shall be prepared by a registered and licensed landscape
architect and submitted to the Department of Community Development for review. The
plan shall be consistent with the preliminary landscape plans reviewed by the Planning
Commission unless changes are requested by the Planning Department staff. Changes
shall be limited to plant quantities, sizes, types, and phasing of landscape
improvements at the project site. Landscape plans must meet the following criteria:
A. Must be water efficient in design and meet the City of Palm Desert's Water
Efficiency Landscape Ordinance.
B. Planting plans must show the location of proposed and existing utilities.
C. Must match approved civil plans.
D. All specifications and details must be site specific.
E. Applicants must have the Coachella Valley Water District's (CVWD) approval of
their irrigation plans prior to City approval.
F. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
G. Plantings shall be shown at a minimum size of five gallons.
H. Trees shall be shown at a minimum size of 24-inch box with a minimum one-inch
caliper.
16. The applicant shall pay into the City's Public Art Fund. It is recommended that this fee
is used for an on-site public art project within the project site.
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PLANNING COMMISSION RESOLUTION NO. 2721
17. Lighting plans shall be submitted in accordance with PDMC Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
18. All mitigation measures identified in the CEQA Environmental Assessment and Initial
Study shall be incorporated into the planning, design, development, and operation of
the project.
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of any Tract Maps and any permits for this project:
19. The tract maps shall be submitted to the Director of Public Works for review and
approvaL
20. If applicable, record a Declaration of Annexation incorporating the new lots/owners into
the existing homeowners' association and Covenants, Conditions, & Restrictions
(CC&Rs) concurrently with the final map, unless the existing CC&R's have provisions
for such annexation, then proof of which shall be submitted prior to tract map approval.
21. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55.
22. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal
Code and Palm Desert Ordinance Number 653.
23. Park fees in accordance with Palm Desert Municipal Code Section 26.48.060 shall be
paid prior to the recordation of the tract map.
24. As a means to preserve the improvements built by individual property owners onto the
former golf course site, the applicant shall grant a"use and access" easement to those
existing properties. Said easement shall be provided on the tentative tract maps and
recorded with the maps.
Prior to the issuance of grading permits the applicant shall:
25. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil or landscape plans must be reviewed for approval prior to
work commencing.
26. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall
identify the Best Management Practices (BMPs) that will be used on the site to control
predictable pollutant runoff. Prior to the issuance of a grading permit, the Operation and
Maintenance Section of the approved final WQMP shall be recorded with County's
Recorder Office and a conformed copy shall be provided to the Department of Public
Works.
27. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with
the State Water Resources Control Board. Such evidence shall consist of a copy of the
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PLANNING COMMISSION RESOLUTION NO. 2721
NOI stamped by the State Water Resources Control Board or the Regional Water Quality
Control Board, or a letter from either agency stating that the NOI has been filed.
28. Submit a PM10 application to the Department of Public Works for approval. The
applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12
regarding Fugitive Dust Control.
29. Identify all proposed and existing utilities on the precise grading plan.
30. Storm drain/retention area design and construction shall be contingent upon a drainage
study prepared by a registered civil engineer that is reviewed and approved by the
Department of Public Works.
31. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
BUILDING AND SAFETY DEPARTMENT:
32. Development of this project shall comply with the latest adopted edition of the following
codes:
A.
B.
C.
D.
E.
F.
G,
H.
I .
2013 California Building Code and its appendices and standards.
2013 California Residential Code and its appendices and standards.
2013 California Plumbing Code and its appendices and standards.
2013 California Mechanical Code and its appendices and standards.
2013 California Electrical Code.
2013 California Energy Code.
2013 California Green Building Standards Code.
Title 24 California Code of Regulations.
2013 California Fire Code and its appendices and standards.
32. An approved automatic fire sprinkler system shall be installed as required per the City
of Palm Desert Code Adoption Ordinance 1265.
33. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2013 CBC Chapters 11 A& B(as applicable) and Chapter 10.
34. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206)
35. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and
11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an
ADA requirement is more restrictive than the State of California, the ADA requirement
shall supersede the State requirement.
36. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
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PLANNING COMMISSION RESOLUTION NO. 2721
37. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to Department of Building and Safety. Pools
and Spas for pubiic use are required to be accessible.
38. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
39. All contractors and/or owner-builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
Catifornia Labor Code, Section 3700.
40. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28.
Compliance with Ordinance 1265 regarding street address location, dimension, stroke
of line, distance from street, height from grade, height from street, etc. shall be shown
on all architectural building elevations in detail. Any possible obstructions, shadows,
lighting, landscaping, backgrounds or other reasons that may render the building
address unreadable shall be addressed during the plan review process. You may
request a copy of Ordinance 1265 or PDMC Section 15.28 from the Department of
Building and Safety counter staff.
41. Please contact Building and Safety Technician II Cherie Williams at the Department of
Building and Safety at (760) 776-6420 regarding the addressing of all buildings and/or
suites.
FIRE DEPARTMENT:
42. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
43. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of
all residential buildings per CFC Appendix B. The developer shall provide for this
project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating
pressure for a two-hour duration for single-family dwellings and 4,000 PGM at 20-PSI
residual operating pressure for a four-hour duration for multi-family projects. The
developer shall also provide a water system capable of delivering 4,000 GPM at 20-PSI
residual operating pressure with a four-hour duration for all commercial land
developments.
44. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix C. Standard fire hydrants (6" x 4" 2'/2" outlets) shall be located on Fire
Department access roads and adjacent public streets. Hydrants shall be spaced at 500
feet apart at each intersection, and shall be located no more than 250 feet from any
point on the street or Fire Department access road(s) frontage to a hydrant for single-
family dwellings and 350 feet apart at each intersection, and shall be no more than 210
feet from any point on the street or Fire Department access road(s) frontage to a
hydrant for multi-family projects. The required fire flow shall be available from any
adjacent hydrant(s) in the system.
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PLANNING COMMISSION RESOLUTION NO. 2721
45. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC Chapter 5).
46. Fire apparatus access roads and driveways shall be designed and maintained to
support the imposed loads of fire apparatus and shall be with a surface to provide all-
weather driving capabilities. Access roads shall be 60,000 Ibs. GVW with a minimum
AC thickness of .25 feet. In accordance with Section 3310.1 prior to building
construction, all locations where structures are to be built shall have fire apparatus
access roads.
47. The gradient for fire apparatus access roads shall not exceed 15 percent. All access
roads shall have an unobstructed width of not less than 20 feet for commercial and 20
feet for residential with an unobstructed vertical clearance of not less than 13 feet and
six inches.
48. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning
radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet for
multi-family developments.
49. Dead end roadways and streets in excess of 150 feet, which have not been completed,
shall have a turnaround capable of accommodating fire apparatus.
50. The developer shall furnish three copies of the water system plans to the Fire
Prevention Bureau for approval prior to installation of all private water systems
pertaining to the fire service loop for the underground water system. Plans shall be
signed by a registered civil engineer, contain a Fire Prevention Bureau approval
signature block, and conform to hydrant type, location, spacing and minimum fire flows
standards. The hydraulic calculation will be required with the underground submittal to
ensure fire flow requirements are being met for the on-site hydrants. The plans must be
submitted and approved prior to building permit being issued.
�-
51. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted by the installing contractor to the Fire
Prevention Bureau prior to issuance of building permits.
52. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets
of alarm plans must be submitted by the installing contractor to the Fire Prevention
Bureau prior to issuance of building permits.
53. A"Knox-box" shall be provided and shall be installed a minimum of six feet in height
and be located to the right side of fire riser sprinkler rooms.
54. All manual and electronic gates on required Fire Department access road or gates
obstructing Fire Department access shall be provided with the Knox Rapid entry system
for emergency access by firefighting personnel.
11
CITY COUNCIL RESOLUTION NO. 2020-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CONDITION OF APPROVAL NO.
14 OF RESOLUTION 2018-16 FOR THE REPURPOSING OF THE
FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE TO
ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30
ACRES LOCATED WITHIN PALM DESERT COUNTRY CLUB
CASE NOS: PP/CUP/EA 16-280
WHEREAS, on the 10t'' day of May, 2018, the City Council of the City of Palm
Desert adopted Resolution 2018-16 approving the development of 30 acres at Palm
Desert Country Club previously occupied by the Executive Golf Course; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the g'n
day of January 2020, hold a duly noticed public hearing to consider the request by PD
Holdings, LLC, to amend Condition No. 14 of Resolution 2018-16 replacing the previous
condition requiring a$12.50 in-lieu affordable housing fee with new conditions requiring
payment of Impact Fees and land dedication for the expansion of Joe Mann Park; and
WHEREAS, at the meeting of January 9th, 2020, the City Council continued the
applicants request to the regularly scheduled City Council meeting on the 13 h of
February and directed staff to work with the applicant to establish interim maintenance
standards for the former Executive Golf Course and to ensure the applicants Impact
Fee payments would contribute to a City housing funds; and
WHEREAS, at the meeting of February 13t'', 2020, the City Council continued the
applicants request to the regularly scheduled City Council meeting on the 27t" day of
February to allow staff more time to work through the applicant's proposal; and
WHEREAS, at the meeting of February 27, 2020, the City Council continued the
applicants request to the regularly scheduled City Council meeting on the 12 h day of
March to finalize details regarding a land exchange for the possible expansion of Joe
Mann Park; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2019-41, in that the Director of Community Development has
determined that amendments to the approved conditions are not a project subject to the
California Environmental Quality Act; and
WHEREAS, on the 12th day of March 2020, the City Council, at said public
hearing, upon hearing and considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did find the amended
condition is consistent with the goals and polices of the General Plan.
C{TY COUNCIL RESOLUTION NO. 2020-01
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ,,,,
OF PALM DESERT, CALIFORNIA, AS FOLLOWS: ;
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Councif does hereby resolve and replace Condition No. 14 of
Resolution 2018-16 for PP/CUP/EA 16-280, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 12 h day of March 2020, by the following
vote, to wit:
AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
GINA NESTANDE, MAYOR "'
ATTEST:
RACH LLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
CITY COUNCIL RESOLUTION NO. 2020-01
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP/EA 16-280
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following
conditions.
2. All conditions of approval listed in Resolution 2018-16 remain in effect with the
exception of Condition of Approval No. 14 which is replaced by the following
conditions.
3. The applicant shall record the Declaration of Protective Restrictions dated
November 2017, as agreed upon with the Palm Desert Country Club Homeowners
Association. After providing evidence of said Declaration to the satisfaction of the
City's Director of Community Development the following conditions shall become
effective:
A. The applicant shall grant City a 10-year option at the City's complete
discretion and in form approved by City, to acquire a 2.5-acre parcel at the
eastern end of Hole #4 and adjacent to Joe Mann Park, as shown in
Exhibit A of this Resolution. The applicant shall cooperate with City in
processing a parcel map waiver to accomplish the transfer and cooperate
with the City and the applicable HOA to facilitate property owner approval
of an amendment to the CCR's to allow the construction of a park on the
property. The transfer of land is at no cost to the City.
B. The applicant agrees to make a one-time payment of $400,000 to the
City's 870 Housing Fund. This fee shall be collected on a per unit basis, at
a rate of $5,797.10 per unit, prior to building permit issuance.
C. The developer shall provide all Real Estate Sales Agreements to the City's
Community Development Depa tment upon sale of each dwelling unit.
These Agreements shall be submitted no later than the 28th day of each
month until sale of the final unit. For all dwelling unit sold for an amount
that exceeds $450,000, 50% of the amount that exceeds $450,000 but
less than $500,000, shall be contributed to the City. These funds shall be
deposited into the City's 870 Housing Fund. The developer shall split the
sales until an additional $400,000 has been collected by the City. Prior to
finalization of the map the developer will record an agreement acceptable
to the City memorializing this condition.
4. The applicant shall submit a landscape plan and/or exhibit to the City's
Community Development Department for the purposes of identifying turf areas of
h the golf course, desert landscape areas with decomposed granite ground cover,
and naturalized areas.
CITY COUNCIL RESOLUTION NO. 2020-01
5. Prior to Certificate of Occupancy for a sing
Areas, the applicant shall landscape the
accordance with an approved landscape plan.
le unit within any of the Planning
entirety of the Planning Area in .,,J
A
4
�
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE
SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS
lN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE TRA CT MAP NO. 37240
MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTIN- BEING A SUBDINSION OF LOT 29, OF TRACT N0. 33195, AS SHOWN BY MAP ON FILE lN BOOK 399, PAGES 59 THROUGH 75, INCLUSIVE,
CT1VE BORDER LINE. OF MAPS, lN THE OFFICE OF THE COUNrY RECORDER OF RIVERSIDE COUNTY, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 13 AND
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: �E SOUTHEAST QUARTER OF SECTION 14, OF TOWNSHIP 5 SOUTH, RANGE 6 EASr SAN BERNARDINO MERIDIAN.
THE EASEMENT DESIGNATED "INGRESS/EGRESS AND PUBLIC UTILITY EASEMENT" SHOWN HEREON FOR CONDOMINIUM PURPOSES
LYING WITHIN LOT 1. THE DEDICATION IS FOR INGRESS AND EGRESS OF SERVICE AND EMERGENCY
VEHICLES AND PUBLIC UTILITY PURPOSES. GERRY K. STUART, P.L.S. 8866 JUNE, 2019
WE HEREBY RETAIN VERMONT CIRCLE AND MAINE CIRCLE,INDICATED AS PRIVATE STREETS AS
SHOWN HEREON, FOR PRIVATE USE FOR THE SOLE BENEFlT OF OURSELVES, OUR SUCCESSORS,
ASSIGNEES, AND LOT OWNERS WITHIN THIS TRACT MAP.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: THE
EASEMENT DESIGNATED "A VARIABLE W1Dhl DOMESIIC WAlER AND SANITATION EASEMENi LYING NATHIN LOT 1,
AS SHOWN HEREON. THE DEDICAlION IS FOR DOMESTIC WATER, SANITAlION, AND PUBLIC UTILITY PURPOSES IN
FAVOR OF COACHELLA VALLEY WAlER DIS1F21CL THE EASEMENT, SO DEDICATED, INCLUDES THE RIGHT TO
EN1ER UPON SAID LANDS, TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERAIE, CONIROL,
USE, AND REMOVE PIPELINES, FIXTURES, AND APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING
Wlhl THE CONSTRUC110N, OPERAlION, AND MAINTENANCE THEREOF. COACHELLA VALLEY WAlER DISTRICT
WILL NOT BE RESPONSIBLE FOR ANY IMPROVEMENTS WITHIN SAID EASEMENT IN THE EVENT THAT
OPERATION AND MAINTENANCE ACTIVITIES RESULT IN DAMAGE OR REMOVAL OF SAID IMPROVEMENTS.
WE HEREBY EXIINGUISH THAT CERTAIN OPEN SPACE EASEMENT (DESIGNATED HEREON AS °O.S.E.") OVER
LOT 1 AS SHOWN AND RESERVED OVER PRIOR LOT 29 OF TRACT N0. 33195 AS PER MAP FlLED IN BOOK
399 AT PAGES 59 THROUGH 75 INCLUSIVE, OF MAPS IN 1HE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN ACCORDANCE W1TH THE qTY OF PALM DESERT CIlY COUNCIL'S
ADOP110N OF ORDINANCE 1337, ON MAY 24, 2018, FOR A CHANGE OF ZONE FROM OPEN SPACE (OS) TO
MIXED-RESIDENIIAL (R-2) TO ALLOW FOR RESIDENTIAL DEVELOPMENT.
VILLASPD, LLC, A CALIFORNIA LIMITED LIABWTY COMPANY
BY:
, MANAGING MEMBER
TRUSTEE STATEMENT
cHicnco rir�e coMPnNv, coMMeRcin� oivisioN , AS TRUSTEE, UNDER DEED OF TRUST RECORDED
08-24-2021 , 2021 AS INSTRUMENT N0. 2021-0506091 OF OFFICIAL
RECORDS OF THE COUNTY OF RIVERSIDE, CALIFORNIA.
TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN
EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE,
CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY,
MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH
AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN
AGAINST SAID PROPERTY BUT NOT YET PAYABLE. AND SAID BOND HAS BEEN DULY
APPROVED BY SAID BOARD OF SUPERVISORS.
DATED:
KECIA HARPER-IHEM
CLERK OF THE BOARD OF SUPERVISORS
�
DEPUTY
CASH TAX BOND
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
f:YA
DEPUTY
TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS
DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR
UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS
COLLECTED AS TAXES EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES
NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $
DATED:
Ll'l
BY:
n�:
BY:
TITLE:
�I��1_T:i'1_T�7:��L�I�i�A��Ze��i��i�
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFlES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY,
OR VALIDITY OF THAT DOCUMENT.
STATE OF
COUNTY OF
)
)SS
)
ON , BEFORE ME, ,
A NOTARY PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY ON BEHALF OF WHICH THE PERSON(S)
ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF hIE STATE OF
THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE:
NOTARY PUBLIC IN AND FOR SAID STATE
NAME PRINTED:
MY COMMISSION EXPIRES:
DEPUTY
CITY CLERK'S STATEMENT
I, NORMA I. ALLEY, CITY CLERK OF THE CITY OF PALM DESERT, STATE OF CALIFORNIA
DO HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF PALM DESERT, AT ITS
REGULAR MEETING HELD ON THE ___ DAY OF , 2021, DULY
APPROVED THE MAP OF TRACT MAP N0. 37240, AND ACCEPTED THE EASEMENTS FOR
SERVICE AND EMERGENCY VEHICULAR ACCESS AND PUBLIC UTILITY PURPOSES SHOWN HEREON.
DATED: 2021 BY:
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
NORMA I. ALLEY
CITY CLERK OF THE CITY OF PALM DESERT
CERTIFICATE OF ACCEPTANCE
I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED TO ME BY RESOLUTION N0. 2015-23,
DATED FEBRUARY 10, 2015,1 ACCEPT ON BEHALF OF COACHELLA VALLEY WATER DISTRICT
THE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES AS
OFFERED HEREON.
�_� �
2021 BY:
J.M. BARRETT, GENERAL MANAGER
COACHELLA VALLEY WATER DISTRICT
SOILS REPORT
A SOILS REPORT N0. 544-16020 BY SLADDEN ENGINEERING, DATED MAY 12, 2016,
AND REVISED JANUARY 17, 2017, HAS BEEN PREPARED FOR THIS SUBDIVISION. THIS
REPORT AND ANY SUPPLEMENTS THERETO ARE ON FlLEIN THE OFFICE OF THE CITY
ENGINEER OF THE CITY OF PALM DESERT.
FILED THIS DAY OF 2021,
AT IN BOOK OF TRACT
MAPS, AT PAGES AT THE REQUEST OF
THE CITY CLERK OF THE CITY OF PALM DESERT
PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER
BY: , DEPUTY
FEE:
N0.
SUBDIVISION GUARANTEE:
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND
LOCAL ORDINANCE AT THE REQUEST OF PD HOLDINGS, INC. IN APRIL, 2019. I HEREBY STATE
THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR
WILL BE IN PLACE WITHIN ONE YEAR OF THE FWNG OF THIS MAP WITH THE CWNTY RECORDER; AND
THAT SAID MONUMENTS ARE SUFFlCIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY
STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY
APPROVED TENTATIVE MAP, IF ANY. THE SURVEY IS TRUE AND COMPLETE AS SHOWN.
DATED:
GERRY K. STUART
P.LS. N0. 8866
EXPIRATION: 12/31/21
SHEET 1 OF 5 SHEETS
RECORDER'S STATEMENT
, 2021
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT THIS MAP CONSISTING OF FOUR (4) SHEETS HAS BEEN EXAMINED BY ME OR
UNDER MY SUPERVISION, THAT THE SUBDIVISION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON
THE TENTATIVE MAP OF TRACT MAP N0. 37240 AS FlLED, AMENDED AND APPROVED BY hIE CITY OF
PALM DESERT PLANNING COMMISSION ON JUNE 19, 2018, THE EXPIRATION DAlE BEING JUNE 19, 2020,
AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE
AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND THAT I AM
SATISFlED THIS MAP IS TECHNICALLY CORRECT.
DATED:
, 2021
CHRISTOPHER L ALBERTS, P.LS. 8508
ACTING CITY SURVEYOR
CITY OF PALM DESERT
SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436(a)(3)(A)(i-vii) OF THE SUBDIVISION MAP ACT, THE
SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS
HAVE BEEN OMITTED. AS THEIR INTERESTS ARE SUCH THAT THEY CANNOT RIPEN INTO A FEE.
SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR ELECTRICAL
UTILITY PURPOSES, RECORDED JUNE 27, 1973 AS INSTRUMENT N0. 84330, OFFlCIAL RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA.
GENERAL TELEPHONE COMPANY OF CALIFORNIA, HOLDER OF AN EASEMENT FOR PUBLIC
UTILITIES AND INCIDENTAL PURPOSES, RECORDED MARCH 27, 1974 AS INSTRUMENT N0.
34997, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
L& N CONSULTANTS, INC., HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL
PURPOSES, RECORDED JUNE 2, 1976 AS INSTRUMENT N0. 77647, OFFlCIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
WESTERN PACIFlC HOUSING, DBA D.R. HORTON, HOLDER OF AN EASEMENT FOR DRAINAGE
PURPOSES, RECORDED NOVEMBER 12, 2008 AS INSTRUMENT N0. 2008-0598993, OFFlCIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
CALIFORNIA ELECTRIC POWER COMPANY AND COACHELLA VALLEY TELEPHONE COMPANY, HOLDERS OF AN
EASEMENT FOR PUBLIC U1ILITIES AND INCIDENTAL PURPOSES, RECORDED DECEMBER 8, 1961 AS INSIF2UMENT
N0. 105704, OFFlCIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
CALIFORNIA ELECTRIC POWER COMPANY AND CALIFORNIA WATER AND lELEPHONE COMPANY, HOLDERS OF AN
EASEMENT FOR PUBLIC U1ILITIES AND INCIDENTAL PURPOSES, RECORDED MARCH 23, 1965 AS INSIRUMENT N0.
33166, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
�
lN THE CITY OF PALM DESERT, COUNTY OF Rl1/ERSIDE, STATE OF CALIFORN/A
TRACT MAP NO. 37240
BEING A SUBDl1/lSION OF LOT 29, OF TRACT N0. 33195, AS SHOWN BY MAP ON FILE lN BOOK 399, PAGES 59 THROUGH 75, INCLUSII/E,
OF MAPS, lN THE OFFICE OF THE COUNTY RECORDER OF Rl1/ERSIDE COUNTY, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 13 AND
THE SOUTHEAST QUARTER OF SECTION 14, OF TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.
FOR CONDOMINIUM PURPOSES
GERRY K. STUART, P.L.S. 8866 JUNE, 2019
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY,
OR VALIDITY OF THAT DOCUMENT.
STATE OF
COUNTY OF
�SS
)
ON , BEFORE ME, ,
A NOTARY PUBLIC, PERSONALLY APPEARED
, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY ON BEHALF OF WHICH THE PERSON(S)
ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE:
NOTARY PUBLIC IN AND FOR SAID STATE
NAME PRINTED:
MY COMMISSION EXPIRES:
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY,
OR VALIDITY OF THAT DOCUMENT.
STATE OF
COUNTY OF
)
)SS
)
ON , BEFORE ME, ,
A NOTARY PUBLIC, PERSONALLY APPEARED
, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY ON BEHALF OF WHICH THE PERSON(S)
ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE:
NOTARY PUBLIC IN AND FOR SAID STATE
NAME PRINTED:
MY COMMISSION EXPIRES:
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY,
OR VALIDITY OF THAT DOCUMENT.
STATE OF
COUNTY OF
3SS
)
ON , BEFORE ME, ,
A NOTARY PUBLIC, PERSONALLY APPEARED
, WHO PROVED TO ME ON THE BASIS OF SAl1SFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY ON BEHALF OF WHICH THE PERSON(S)
ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE:
NOTARY PUBLIC IN AND FOR SAID STATE
NAME PRINTED:
MY COMMISSION EXPIRES:
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY,
OR VALIDITY OF THAT DOCUMENT.
STATE OF
COUNTY OF
)
)SS
)
ON , BEFORE ME, ,
A NOTARY PUBLIC, PERSONALLY APPEARED
, WHO PROVED TO ME ON THE BASIS OF SAl1SFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN
HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S)
ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY ON BEHALF OF WHICH THE PERSON(S)
ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE:
NOTARY PUBLIC IN AND FOR SAID STATE
NAME PRINTED:
MY COMMISSION EXPIRES:
SHEET 2 OF 5 SHEETS
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lN THE CITY OF PALM DESERr COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 37240
BEING A SUBDIVISION OF LOr 29, OF TRACr NO. 33195, AS SHOWN BY MAP ON FILE lN BOOK 399, PAGES 59 THROUGH 75, INCLUSIVE,
OF MAPS, lN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNr1; LYING WITHIN THE SOUTHWESr QUARTER OF SECTION 13 AND
THE SOUTHEAST QUARTER OF SECTION 14, OF rOWNSHIP 5 SOUTI-1, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.
SHEET 3 OF 5 SHEETS
CWH -
,�NESSEE � ' z� FOR CONDOMINIUM PURPOSES � �
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N.T.S. o� � 13 � �� � »� \�L\
�o � TENII�S aEE AVENUE \ �� <wzazo'os E (R)»
� �62 / ` ` / N8956'43 E � 96420' \ «N8959'S0 £ 964.09'» C3 � � T �_ N377520 [1RJ 127 �1 �8 �mz
/ ��, / J� ffN3778'27E (Fff) £SL AT R£CQRO ANCLE / m I
� ��,� / ` / � ��,oc, ,�, q i � SEE DETAIL B � ec �riNEsacE nRuc � �
rs� a3� �c, g arunoMn nu�NUE � i �(HEREON) 1 csr arRccoao �, �
N6 "�' � ` �y�, N� N2H76'SH E 78010' � \ �,� � OISrANCE FROM � �9
I ��y , � p� N \ CCN2870b5 E 7B014"» � �, 2 � ` OKlAHOMA AIE. LOT �
/lNs� sB*8�' �Q� I � � l 9�� �' rzs .�o �� .r Nssa� �s• \'�'s
9�W �� � 2 +V 9 �Q � �. ` / /- - - _ E (RJ 'fli?' � /
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If�N7�bJ�' ~�£SLAiR£COROANCLE I �m � �/ �� N89:56'43£ i 946.07' CCN8959'S0'E 945.82'» � ��9� �til/� � I EST.ArRfCOROANGLE � � p
8593g� � V ANOOISrANCEFRCAI vV� � � �Z� �� �8\ B�7ENNfSSEEA� \\�?j DETAIL B
/R/f�� � BC K£NNCKYAVF. I � / -� I I � � � I I � � � I I � � �p7 �� � ?�%? SCALE 1� = HO�
I � � N7819'00"W �FL \ /� 145 I 744 I!43 I l47 I 141 I 140 � 139 � iJb �!37 � 136 �!35 � 734 � 133 � 132 I 13! I 730 I!29 \ 128 m 489 \ ��`S?�'
Co �--- �• 1 146�
� 15 JfM825'S8"W F 0/ � TRiACT N0. 4871 (M.B. 77/16-18) �� \�
(111 � //� �n � � I I I� i i � Esa n r�coao �Pip
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� � � .�I � � � ��� � ��� �� �EST. AT RECOFO 0/STANCE � OKLAHLYdA AIE. ti _ _ 7 �
35(R8f � \ EST. ArRECORO ANGLE � \ A
I � / �!49 �6 ANO OISTANC£ FROA/ FROM OKLAHOMA AbENUE \ 497 UTAH %.
I 1 _ ^ �(\ � / 6C OKLAHOMA AbE / O� � £SL Ar RfCORO OISrANCE-� �_ !/\
V 6J5' L32 � I /` 750 '� ` � EST. AT RECORO 492 C��� \
U3 � � �' ORECON CIRCLE EST. AT RECORO ��329 AC.� £SL Ai R£CQRO 0/SiANCE ��SiANCf FROM J - � \
FROM KENNCKY AIENU£ �NESSEE AIE. 493
L20 0/SiANCE /// �
I EST. Ar REG ANCLE 9 I y� �� 79 �// 7b5 <c, �3'S A L23 � N&956'43 £ 900.73' ( M8939'S0 E 90023>� CM8959'S0'£ 90027» 494 � ry �I \
ANQ OISTANCE FRLYd `„`i J
CALIFORNIA A✓�. " o �
� `V 1 p �.� A � . � i �� i i i �� i i i i i i i i i a �� \
� f U1 � �^ � I7h 30� 152�/R£CLWO � 164 � ibfi �ti2 �!69 � 170 I 771 I D2 I D3I l74I DS I 176 I l77I 176I D9 I I80�16! � 782 � 183 �!84 �!95 ��5 ��lli �
`, � � I �� aisraNce / rss �+ 6 �� S
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I II � W �57 y _ N8956'43'E /� 103J.36'_ W
l ry ESL AT RECQRO � � �
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I /6 II �� �o J� I / �j e �-� OKLAHOMA AVF. � �!67 /� / �� � KEMLCKY AVENUE !Ns$se'a3c r�zsal o g� \
°' i S o 155 �n'6�y8' ( /761 G�, o_ � �EST. Ar RECORO ANGLE � � `u1 �
TR. N0. 396Q � � Q o o --�� //N67yS.: �H' R� �' FROM CAIJFORNIA AVINU£ �� � ��� ♦
I (M.B. 60/55-57) � � I � �. p I-l56 0, N79q <l y. L% !� ! ! — � � � �
W m o � f/N78 ��lly �RJf/� � f5L A7 RfCORQ ANGLf \ � � —� _ ��
v -/ 5gs9� � �� ' ANQ OISTANCE FRQ41 �� g,; A�
m 196' (��% � � �
I� �� Y � I `��_ a�R/G��c, Q e9KCNn�cKra� � h� IND� �G`' N8832�09 E 15400 � � i �
"� •`"^ ISB EST. Ar RECORO ANGLE � I� W � � /
l23246' y h� ANO 06TANCE FROM " 35(R8f \ g o ��— � i �
, � � � ' �, �; �� — � o � �— — Or (GRID) i CONTROL STATION °P607°
t 53342' � 1330.00'� p �, CALIFORNIA AVE �o -.� m � i
o,� rsv �� [�,7 N J I 9 _—� '" �' 15213� � � N: 2213533.952
� CALIFORNIA o— AVENUE / /' � 2 0 �,so �i � � � `��' � � J � Jf _I� _ _ — — — — \ m � N88�06��% � � (�ocH2ioi ioo)
� � �' �� �z I 13 I!4 I 15 16 I � 77 �— N8956�43£ 9Z54� i� /�
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„ „ 3 � i � ��l� SEE DETAIL "A" (HEREON) , 1 �
DETAIL A � �(, ` _ — _ � y�- � r, rzszaae' lrz�z.ac'] _ _ �`�� � / � py627o.007'
SCALE 1" = 80' / / �� ,�� 5334Y [533.42J�-' 1330.00' �// �/
N8956'43f 186J.47'(GRID) � � ��
/ N � 2 CALIFORNIA AVENUE � � '
� � i
N: 2209598.655 � �
/ � E 6538244.309 �� �� N72'4%21'E N: 2209600.431
/ (EPOCH 2O11.00) /j / � E 6540107.775
/ \O� (N8959�SOf 7765.88% �� � (EPOCH 2O11.00) —0�2'20" CONI�£RGENCE
�1� N6956'43£ 776388' / ( � � ANGLE AT POINTOj
CONTROL STATION "P741" � � �'I � i � � � �
E: 647 057.784 � �08y� GRID) � ��
� � �
p2� � �ASIS OF BEARINGS � o
(EPOCH 2O11.00) / 898� � i m U
/ � �h�' � �� 7HE BASIS OF BEARINGS FOR 7HlS SURVEY lS THE CAUFORNIA STATE PLANE COORDlNA7E
/ / kp;"S� N�.��'S�E �� SYSTEM 1983, ZONE 6, 2011.00 EPOCH, BASED LOCALLY ON CON7ROL STADONS P600", � o
� i i P607 ; AND "P741; NAD 83 (NSRS2007) AS SHOWN HEREON. ALL BEARINGS SHOWN ON ^ c`3'
� / i' 7HlS MAP AR£ GRID. W07ED BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS �/��i
� �� � GRAPHIC SCALE ARE AS SHOWN PER 7HAT RECORD REFERENCE. ��
/ �i
/ �� NOR TH � a �� � � � THE DISTANCES SHOWN HEREON ARE GROUND DISTANCES, TO OBTAIN GRID
i�
/ � �� DISTANCE MULTIPLY GROUND DISTANCE BY A COMBINAAON FACTOR OF
i �� 0.999974713.
/ � ii
/ ��%� ( ix n'Ea7 ) CALCULADONS ARE MADE AT POINT �7 W17H COORDINATES OF.
��� 1 inch = zoo it. N: 2209600.43L E.• 6540107.775, USING AN ELEVAAON OF 178' GPS CONTROL DIAGRAM
�
GRAPHIC SCALE
( IN FEEf )
1 inch = 100 R
NOR TH
lN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA
TRACT MAP NO. 37240
BEING A SUBDIVISION OF LOT 29, OF TRACT N0. 33195, AS SHOWN BY MAP ON FlLE lN BOOK 399, PAGES 59 THROUGH 75, INCLUSIVE,
OF MAPS, lN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTI; LYING WITHIN THE SOUTHWESr QUARTER OF SECTION 13 AND
THE SOUTHEASr QUARTER OF SECTION 14, OF TOWNSHIP 5 SOUTFI, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.
FOR CONDOMINIUM PURPOSES
GERRY K. STUART, P.L.S. 8866 JUNE, 2019
SE��EET 5 OF 5 SHEE7S, A77ACHED HERETO,
FOR UNE AND CURI�£ TABLES, SURVFYOR'S NOTES, \
R£fERENCE N07FS, MONUMENT NOTES, AND
EASEMENT N07ES.
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OKLAHOMA AVENUE
_ Nb956"43'E r 946.07' «N8959'S0E 94582'» _
SHEET 4 OF 5 SHEETS
N1373'41 £1RJ
/ � <N137552 £ (Rf > N2877'S4 £1RJ
� <G12B20'05"E (RJ»
/ � N7973'34 E�R%
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� �. � / N34J6Y0£ fJ
4 / / � N377520 f1Rf
/ � / i � tlNsriez�'E (eJll
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�' OIfLANOMA A✓�/JUE \/ � \ 774 C14 / ��'icB /
N78'16'58'f 780.20' /� � \ ,°j �
«N2870'OS E 780.747� � '� o �
R=184.00' 125 8 /c�� t�,1 CI6 � �'.r
L=90.63' � � ��E'T�f '��O ���"'�0 9� /
ron=46.Sfi' /H��f' 2'4� �n�0 �'��\ / � � N54n7;�.E(R
a2876$8' 126 �J 2� � // � �
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�� \1 /45 II i� I 193 II !42 II 14! II 740 II 139 I 138 I!37 I 136 I 735 I 734 I 133 II 732 I 131 I 130 II !29 � !7H ion=3527' � �� \ m
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� L5 SEEOfTAIL "H" N90'00'00�157.H3' �� �� 490 1
748 � 8 (HERfONf q� N90'00'00£ 711.63' � R=55.00' � p � �
/ N`�`i� � ol `L� L=300.30' 44' VNOE INGRESS�EGRE55 � I
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!49 GS +�9g l R=55.00' o o N905543"W� o �/ �7.729 AC.�
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0' L=300.31' s� o 0
/ \� / ' ��� �I s'I N90YJ0'00[� �I i�'� 9 L=147.15 L=395.67'
ti ran=24.00' � � 75D � � �\ .� ian=7266'
� �s 2I 0 � �'J "( 7an=198.50�
/ 750 �1 /�P � \ f �31250'37' 6 �, L - - - z G'. (R/\ \gZ, N2� , � �28^W�R)
/ S• !/ -� � �A5'� 3}�Ri �2977'4&' �U7B'4B'
67J7'
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/ �� � N90D0'00"E 124.56" � 6 N805543"W 0� \ � "�.- R)
I 757 \ 820�Ei �-�J � 8 �g�j/ \q �� "'�V% g Np5'4a�8�PR� �PRI�A7E57RffTf-
_ ___ __ - R=160.00' � 5 i �� ' L'IU� C� _ _� _
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� Tan=66.D' E � j� \ 9 ,5� � �� �R� ` N8956'4J£ 900.73'
�� �4456'07�0�� � � � OEiAIL "C"� 166�3 r� �i.�' � � I I I I I I
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� - - - � .�']5' �0� ,�/ / !64 � NEREONJ� � � 169 � II II II II II II
153 ��� � / � I6H � �
ryy,� J _� I� � L J �
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OEOICAIEO HER£ON �/ I 5 491 7
�R=1930.80' /� �
L=386.86. R=178.00' / / \ � * - - - - �' UT�_
Tan=194.08' L=29Zb4'
�1178•48" 7ond9Za1' / / I 492 �E
a9S4979" I
R�548\9�,R� � � R=zzzoo' � �
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PRC �� �� � �95'4879' e
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I I I I I I I 495
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I I 9 �- 1 N8956'43 [ 91d 73' <N8959'S0 E 978J3'> � �
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rsa � /i=ea.sr � i �'� ^I KENTi/CKY AVEARIE
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� � �4456'07" /� J62 / � F=32200'
� � W / ,� - L=165.30'
155 ] - � , n / G� Tan=84.57'
op �
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q� 1� 12 „Ns�'�B;B. DETAIL H
L- 156 � I I '�S'a,��� ��s /�, SCALE 1" = 50'
44' Wl0£ INGRESS/£CRE55 �'PJ/�` -_ I I
�I I�NO PUBLIC OALIIYEAS£M£Ni, 144
I!57 8 OEOICA7E0 HEREON N79'03"01"W1Rf_ _ V 145 �`N8959'SOE 60.00' I�l 143
OETAIL F' I A\ R=180.00� ��N7859�59"W(Rff� � - N8959'S0[ 60.00�a.00'
� \ 300' N007J0'IO'W
(HEREON% � � �L=28795' � N����f 8
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s ran=18Q20' b.
- - 158 - y \P��l \ �90YJ3'S3" 35(R8J
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I 159 (HEREONJ^ � ` 90T/0'00£ 12fi57';� 9'S69(9.57'-RAf DETAIL �V�
N90'00'00 E N907J0�00 E a`�' "� � SCALE 1� = 50�
I� - - - - �I ��O .�\ \ =7J2'�� 60.67�� e � J �
160 R=724.00' N8054�33"W 25J4'-� r5.pp Q " 159 N�
L=352JJ' � I Ui No0n3's3[ ��)� 8
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r U a90'03'S3�12 I II 14 I 15 I !6 II D I � J � _� �'3k ���
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13 sZ�y i48'
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158 �No�,'oi'w
DETAIL "F"
SCALE 1" = 50'
29.24'
/�
\
164 �v
r_ lZ3246' [773246)
1330.00'
N8956'43 f I66J.47'(GRIOJ
CALIFORNIA AVENUE
�\
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DETAIL "E"
SCALE 1" = 50'
8
.9e' /✓)T�45.IY
N79_5190�� ^ ��'
- 79J9" I{y�.67�
N8fi55'46E �b
165
DETAIL "C"
SCALE 1" = 50'
JL6I \
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165 ��
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(N8956�43£ A263J
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9.89' N247J6'43 (
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DETAIL "D"
SCALE 1" = 50'
N895fi�43E W.54�
fN8959'SOE 9Z55;,
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UNE TABLE
D1RfCA0N DISTANCE
N00'OJ'17"W 21300'
N00'OJ'17"W iJ300'
/N00'00'IO"W/ /1J300"/
N00'OJ'17"W 80.00'
W00'00'10"W> <80.00'>
N7876'S8 £ J44.96'
CCN2820b5£» C 34fl02'»
M739'00 f 114J3'
CCM7'4505f» C 114J4'»
Ns3•oazzE rra.�a'
CCN537J'48£» C J14.6!'»
N7837'S2 f 114J0'
CCN78'43'18£» C 114.6!'»
N0528'47E 114.98'
CCN0534'13£» C 114.90'»
N00'03'S3f 39Z01'
C N00'07'00 f > <J9Z 007
CCN00'07'00f» «39Zl8'»
N6S58'13"W 134J5
CCN6S54'48"WJ> «134J5'»
N8956'43 f 250.0!'
CCN8959'S0 f» «250.0!'»
N00'03'17"W 7375
ffN00'0070"W}� ff7375f1
N84'41'S6"W 76J5
I(N8438'49'W}I ff76J5f1
N04'S6'32 f 70.00'
ffN04'S9'39f}I ff70.00'fl
N84'41'S6"W 76J7
ffN8438'49'W}j ff76J7f1
N45'03'01 "W 82.0!'
CCN45'OOYO"W» CC8201'»
N6I71 �58°W 71J9'
CCN6lYJ9b5"W» CV1J9'»
N79'S7'40 "W 119.09'
CCN79'S4'48"W» <V19.08'»
N75'43$0 f 148.59'
CCN75'46'41 £» «i48.57'»
N86'S5'46 f 146.67'
CC N86'S8'37 E» «i46.66'»
N43'03Y8"W IA70'
CC N43'00 27"W» CC 74.70'»
N5670�52 £ 75.04'
CN567J�43£> V5.037
N8579�01�£ 14Z58'
CN8520$4f> U4Z57'>
N00'05'S0 f 146.00'
« Noo•oa's�E» <aae.00'»
N0925Y5"W 108.45
CCN0923'11"W» «108.34'»
N7T04'18"W 118.17'
CCN7T02'O6"WJ> <U18.06'»
N637J�25"W 7251'
II N6370�24 "W }I 1122.57'fl
N4221�J3"W 41.67'
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lN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA
TRACT MAP NO. 37240
BEING A SUBDIVISION OF LOT 29, OF TRACT N0. 33195, AS SHOWN BY MAP ON FlLE lN BOOK 399, PAGES 59 THROUGH 75, INCLUSIVE,
OF MAPS, lN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTI; LYING WITHIN THE SOUTHWESr QUARTER OF SECTION 13 AND
THE SOUTHEASr QUARTER OF SECTION 14, OF TOWNSHIP 5 SOUTFI, RANGE 6 EAST, SAN BERNARDINO MERIDIAN.
FOR CONDOMINIUM PURPOSES
GERRY K. STUART, P.L.S. 8866 JUNE, 2019
CURVE TABLE
LENG7H TANGfNT DQiA I
62Z46' J99.77' 89'S2"50" I
«62Z46'» «89'S2"50"»I
786J7 SOI.JJ' 90'09"07" I
<O86J2'» «90'09"07"»I
115.91' S822' 1376"57" I
CVISJB'» CC1376"OJ"»I
209.68' I06.40' 24T11 "40" I
I47.2J' 74.15' 165776" I
;;I47.2J'}I {{165276"A I
3I390 I62.32' 3558'14"
<313907 <J55874"> I
670.81' 396J9' 765Y)0" I
C670.94'» C 7653"04"»I
7d48' 36.81' 85726" I
CC7J.60'» CC36.88'» CC085822"»I
6Z60' 3397 li'4474" I
Iiszsr�i} {{iraa�2o�}! I
130.98' 66.J6' 27'44"29" I
U30.987 C2T44"29"> I
471.24' 300.00' 90'00"00" I
<47L247 <90'00"00'7 I
60.59' 30.40' 1134'16" I
6J.38' 3IJ9' I1YJ0'15' I
Z61' 3.81' 005540" I
44.10' 2207' 052236" I
77.76' 70.88' 0239'70" I
124.4J' 716.94' 7293726" I
44.8J' 73J5 46'4Y16" I
J3J.04' J3Z90' 1J630"J8" I
1I3J1' 97.J5' 1182639" I
36.22' I8.80' 37'44"05' I
ISO.JB' ffi6.28' 15639"33" I
SURVEYOR'S NOT�,S
TRACT N0. 37240 CONTAINS 1 NUMBERED LOT.
7RACT N0. 37240 CONTAINS 13.29 ACR£S, GROSS, {M7HlN 7HE
DISANCTIVE BORDER.
�, � lNDICATES FOUND MONUMENr AS NOTED lN MONUMENT
NOTES
2. O lNDICATES SET 2" lP & TAG "LS 8866'; FLUSH, (C.P.D.
STD. 300A).
3. (Rl)
4. (
5. [
6. <
7 ££
8. «
lNDICATES RECORD PER REFERENCE.
� lNDICATES RECORD PER TRACr N0. 2283,
M.B. 42/82-89.
� lNDICATES RECORD PER TRACr N0. 3860,
M.B. 60/55-57.
> lNDICATES RECORD PER TRACr NO. 4871,
M.B. 77/16-18.
�J lNDICATES RECORD PER TRACr N0. 31836-1,
M.B. 406/59-67.
» lNDICATES RECORD PER TRACr N0. 33195,
M.B. 399/59-75.
EASEMENT NOTES
Oj A 5' W70£ £ASEMENT lN FAlh7R OF CAUFORNIA EL£C1RlC POWER COA�PANY AND
COACHELLA �ALLEY 1FLEPHON£ CONPANY, R£CORDED DECEAIBER Q 1961 AS
INSTRUM£NT N0. 105704, OfFlCIAL RECORD� RIVERS✓DE COUNTY, CAUFORNIA.
O A 4' WID£ £ASEMENT lN FAWR OF SOUIHERN CAUFORNIA EDISON COMPANY,
RECORDED �A/NE 27, 1973 AS lNS1RUM£NT N0. 89330, OfF7LYAL RECORDS,
Rl�£RSID£ COUNTY, CAUFORNIA.
O A 5' WID£ EAS£M£NT lN FA�OR OF GENERAL 1FL£PHONE COMPANY OF
CAUFORNIA, RECORD£D MARCH 27, 1974 AS lNS1RUMENT N0. 34997, OFFlGYAL
RECORDS, RIVERS✓DE COUNTY, CAUFORNIA.
¢ AN EASEAIENT OF UNSPEGYFlED WID1H lN FAYOR A� L�C N CONSULTANT� INC. FOR
PUBUC UIlU7Y AND INqDENTAL PURPOSES AS SET FORTH lN DOCUMENT RECORDED
MAY 6, 1976 AS lNS7RUMENT N0. 77647, OfFlCIAL RECOROS OF RIVERSIDE COUN7Y,
CAUFORNIA. SAID EA�M£NT lS UNPL07TABLE fROAI 1HE RECORDS
5 A DRAINAG£ £ASEMENT £XlS1S OVER LOT 29, TRACT N0. 33195 P£R DOCUMENT
RECORD£D NOI�£MBER 12, 2008 AS lNS1RUMENT N0. 2008-0598993, OFF7GAL RECORDS OF
Rl�£RS✓D£ COUNTY, CAUFORNIA. SAID EAS£M£NT lS BLANKfr lN NA7URf, NOT PLOT7ED HER£ON.
6 O.S£." lNDICAIES AN OPEN SPACE EAS£MENT Ol�£R LOT 29, TRACT N0. 33195,
AS SHOVtN AND RESER�£D BY AIAP ON f7LE lN BOOK 399, PAGES 59 7HROUGH 75,
INCLUSII�£, OF 7RACT MAPS, RECORDS Of RIVFRSID£ COUNTY, CAUfORNIA. SAID
EASEMENTIS BLANKETIN NAIURE, EXIINGUISHED HEREON.
7 AN EASEAI£NT Of UNSPEGYFlED N1D7H lN FAI�OR Of CAUFORNIA WA7ER AND 7ELEPHONE
COMPANY AND CAUFORNIA EL£C1RlC POWER COA�PANY, RECORDED MARCH 23, 1965 AS
INSTRUM£NT N0. 33166, OfFlGAL R£CORDS, RIbER�DE COUN7Y, CAUfORNIA. SAID EASEM£NT
lS UNPLOTTABLE FROM 7HE REGbRDS
Qg USE AND ACCESS EASEMENTIN FAlPo�4 OF ADJACENT PROPERTY OWNER CONVEYED
er sEa�wA� iNsmu,u�r.
Qg A VARIABLE WID1H DOMESIIC WA7ER AND SANITAAON £ASEMENT lN FAln7R OF
COACHELLA �ALLEY WATER DlS1RlCT DEDICAIED HEREON.
REFERENCE NOTES
R1 - CORNER RECORD OS-198.
R2 - TIE BOOK 27-034 (RIV. C0.).
R3 - TIE BOOK 27-035 (RIV. C0.).
R4 - CORNER RECORD 02-453.
R5 - CORNER RECORD 02-154.
R6 - CORNER RECORD 02-155.
R7 - TRACT MAP N0. 2283, M.6.42/82-89
R8 - TRACT MAP N0. 31836-1, M.B. 406/59-67.
R9 - TRACT MAP N0. 3860, M.B. 60/55-57.
R10 - TRACT MAP N0. 33195, M.B. 399/59-75.
R11 - TIE BOOK 15-168 (RIV. C0.).
R12 - CORNER RECORD OS-199.
R13 - CORNER RECORD 02-152.
R14 - CORNER RECORD 02-153.
�.�I�I��1/1��1��`t���I��r��
�1 - FD. COPPERW£LD STAMPED "LS 5491 ", FLUSH,
PER Rl.
SHEET 5 OF 5 SHEETS
�- FD. NAIL AND 71N PER R2. SET NAIL AND TAG STAMPED "L.S 8866", FLUSFI.
03 - ESTABLISHED FROM 11ES PER R3, NOTHING SET.
0- FD. SPIKE AND WASHER STAMPED "LS7930", FLUSFI,
NO RECORD. ACCEP7E0 AS CENTERLINE BEGINNING OF CURVE.
�5 - ESTABLISHED FROM SWING 11ES PER R4, NOTHING SET.
06 - ESTABLISH£D BY R£CORD DISTANCE FROM CEN7ERUNE INTERSECTION
OF CAUFORNIA AVFNUE AND 7ENNESSEE Al�£NUE. NOTHING SET.
�7 - ESTABLISHED FROM SWING 11ES PER R5, NOTHING SET.
0- FD. COPPERWELD STAMPED "LS 4644 ; DN. 0.1; PER R8.
�9 - FD. COPPERWELD STAMPED "LS 4644", FLUSH, PER RB.
10 - FD. SPIK£ AND WASH£R STAMPED "LS7930; FLUSH, NO RECORD,
11 - fD. SPIKE AND WASHER STAMPED "LS 7930" fLU5Y1, NO RECORD,
AT TRACT BOUNDARY AND STRE£T CENTERLINE lN7ERS£C110N, lN
UEU OF 1-1/4" lP STAMPED "R.C.E. 11251' PER R9.
12 - FD. CONC. NAIL W/TAG STAMPED "LS 2344" lN TOP OF CURB ,
NO RECORD, ACCEPTED AS BEING ON TRACT BOUNDARY R7.
13 - FD. COPPER{hELD, ILLEGIBLE, FLUSH, AT CENTERUNE lN7ERSECAON
PER R12.
14 - FD. COPPERW£LD, ILLEGIBLE, FLUSH, PER R14.
15 - fD. COPPERW£LD, ILLEGIBLE, FLUSH, PER R13.
K E N T U C K Y A V E N U EM A I N E D R .O K L A H O M A A V E .VICINITY MAPSITE(PRIVATE STREET)TENTATIVE TRACT MAPTRACT NO. 37240 - LOT 1UTILITIES/SERVICESAPPLICANTOWNERLEGAL DESCRIPTIONASSESSOR'S PARCEL NO.FLOOD ZONELEGENDTOPOGRAPHY:EARTHWORK QUANTITIES:INDEX MAPACREAGEBENCHMARK EQUATION:
TENTATIVE TRACT MAPMATCHLINE SEE SHEET 3TRACT NO. 37240 - LOT 1
A L A S K A
D
R
.TENTATIVE TRACT MAPMATCHLINE SEE SHEET 2MATCHLINE SEE SHEET 4
TRACT NO. 37240 - LOT 1SECONDARY OVERFLOW NOTE:
TENTATIVE TRACT MAPMATCHLINE SEE SHEET 5
MATCHLINE SEE SHEET 3TRACT NO. 37240 - LOT 1SECONDARY OVERFLOW NOTE:
M A I N E D R .TENTATIVE TRACT MAPMATCHLINE SEE SHEET 4MATCHLINE SEE SHEET 6TRACT NO. 37240 - LOT 1
O R E G O N C I R C L ETENTATIVE TRACT MAPMATCHLINE SEE SHEET 7MATCHLINE SEE SHEET 5TRACT NO. 37240 - LOT 1
M A I N E D R .TENTATIVE TRACT MAPMATCHLINE SEE SHEET 6TRACT NO. 37240 - LOT 1
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: June 21
20 21
NAME OF SUBDIVkDER: VillasPD LLC
i
{Ref�rred to as "SUBDIViDER"}.
NAME OF SUBDIVISION: Villas of Palm Dese� No. of Lots: �2
(Referred to as "SUBDIVISION")
TENTAT�VE MAP RESOLUTION �F APPROVAL NO.: 271 �
(Referred to as "Resolution of Ap val")
. 121� 712017 �
IMPRQVEMENT PLANS APPRQVED ON.
{TM No: 372`I� }
(Referred to as Improvement Plans)
ESTIMATED TOTAL C4ST QF IMPR4VEMENTS: $ 467,443.20
ESTIMATED TQTAL COST QF MONUMENTATIQN: $ 7,200.00
SURETY: Ta be determined
BOND NOS:
SURETY: The Qhio Casualty Insurance Com�any
` r
IRREVOCABI.E STAND-BY LETTER OF CREDiT NO.
FINANCIAL INSTITUTIQN:
-OR-
CASHICERTIFICATE �F DEPOSIT, AGREEMENT DATED:
FiNANCIAL INSTITUTION:
This Agr�eement is made and er�tered into by and beiween the City af Palm Dese�, a
muniapal oorporatian of the State af Califomia, her�inafter referred to as "CITY", and the
SUBDIVIDER.
Revised - I -
9:11 17
RECITALS
A. SUBDIVIDER has preser�ied to GfTY for appravai and recordation, a finai
subdivision map of a praposed SUBDlVISION pursuant to provisions of khe
Subdivision Map Act of the State of California and tY�e C1TY's ordinances and
regulations relaii�g to the filing, approval and �ecordation of s�bdivision maps.
The Sc�bdivision Map Act and the CITY's ordinances and regulations relating to
the filir�g, appraval and recardation of subdivisian maps are collectively refierre�
to in this Ag�eement as the "Subdivision Laws."
B. A i�ntaiive map of the SUBDIViSiQN has been approved, subject to the
Subdivision Laws and to the requirements and conditions contained in the
Res�I��ti4n af Ap�roval. The R�sofution of Appraval is on f�le in the Office of th�
City Clerk and is incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a
final map that SUBDiVIDER rnust have complied with the Resolutio�t of Appraval
and must have either {a) campleted, in compliance with CITY standards, all of
the improvements and �and developme�t work require� by the Subdivision Laws
or the Resoiutior� of Approval or (b) have en#ered into a secured agreement with
CETY to compfete the improvements and land developmeni within a period of
time specified by CiTY.
D. In consideration of the approval of a final map for tfi�e SUBDIV�SiON by the
City Council, SUBDIV�DER desires to enter into this Agreement, whereby
SUBDIVIDER promises ta insiall and camp�ete, at SUBDIVIDER's own expense,
afi the public improvement work required by CITY in connection with the
proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by
improvement security required by the Subdivision l.aws and approved by the City
Attorney.
E. Complete Impravement Plans far the constructian, installation, and completi�n of
the improvements have been prepared by SUBDiVlDER and approved by the
Re���sed
9�11'17
_�..
City Er�gineer. T�e Improvemeni Plans r�umbered as refereneed previausly in
khis Agreement are ar� file in the Office of the City Enc�ineer and are incorporated
into this Agreement by this reference. AEI references in this Agreement to the
lmprovement Pla�s shall inc�ude reference to any specifications for the
improvements as approved by t�e City Engir�eer.
F. An estimate of the cost for construciion of the pubiic impravements ar�d
�a�rtorming lan�l devela�m�nt w4rk in Gann�ctian with th� improvements
according to the Improvement Plans has been made and has been approved by
the City Engineer. The estimated amount is stated on Page 1 of this Agreement.
The basis for #he estimate is at#ached as Exnibit "A" to this Ag�eement.
G. CITY has adopted star�dards for the construction and installation of
improvements within the CITY. The Improvement Plans Y��ve been prepared in
conformance with CITY standards in effect on the date of the Resolution of
Approval.
H. Ali pc�blic impravement monuments, street signs, and stakes as specified on the
final map are to be completed prior to final formal acceptance by the City
Council. Individual praperty monuments must be installed within one year from
the formal fi�ai Council acceptance of said SUBDIVISION.
I. SUBDIVIDER recognizes that by approval of the finaf map for SUBDIVISlQN,
CiTY has conferred substar�tial rights upon SUBDIVIDER, including the right to
sell, lease, or finanee lots within the SUBDIVISION. As a result, CITY will be
damaged to the extent of the cost of installa�ion of the improvements by
SUBDIVIDER's faiiure to perform its obligations to commenoe cans#ruckion of t�e
improvements by the time esiablished in ihis Agreement. CfTY shafl be entitied to alf
remedies availab�e #o it pursuant to this Agreement and law in the event of a
default by SUBDIVIDER. It is specifically recognized that the determination of
whether a reversion to acreage or rescission of the SUBDIVISIQN constitu#es an
adequate remedy for defa�lt by the SUBDlV1DER shal! be wiihin the sole
discretian of CITY.
Revised - 3 -
9:1117
NOW, THERE�ORE, in consideration of the approval and recordation by the City
Cv��nci! o� the �ina! map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows:
1. SUBDIVIDER's Obliqation to Construct imqro�ements.
SUBDiVlDER shall:
a. Comply with ai� the requiremer�ts of the Resolu#ion of Approval, and
�ny amendments thereto, and witl� the provisions o# the Subdivision
�aws.
b. Complete at SUBDN�DER's own expense, all the pubHc
improvement work required by the R�salution of Approval in
conformance wEth approved Improvement Plans within one year
�r4m date af execution of this Agreement; pravided however, that
the improvem�r�ts shall not be deemed to be completed until
acce�ted by City Cauncil as provided in Section (17) herein.
c. Furnish the necessary materiais for completion af the public
improvemer�ts in conformity with the Improvement Pkans.
d. Acquire, or pay the cost af acq�aisition by CITY, and dedicate aEl
rights-of-way, easements and other interests in real property for
construction and insiallation of the public improvements, free and
clear of all liens and �ncumbrances. The SUBDIVIDER's
obligations with regard to acquisition by CiTY of off-site rights-of-
way, easements and ather interests in real property shall be subject
ta a separate agreement between SUBDIVIDER and CITY.
SUBDIVfDER shafl also be responsibie for o�taining any pubfic or
private sanitary sewer, domestic water, drainage, andlor utility
easements or authorization to accommadate the SUBDIVISION.
e. Commence construction of the improvements by the time
established in Sectio� (22) of this Agreemer�t and complete the
improvements by the deadline stated in Section (1)(b) above,
Revised - 4 -
9:1I 17
unless a time extensian is granted by the CiTY as authorized in
Section (22).
#. Install all SUBDaVISION public improvement mor�uments required
by law and prior to formal final acceptance of the public
Emprovements by CITY. Indi�idual property m�numents shall be
installed within one year of said acceptance.
g. Instalk street name signs conforming to CITY standards. Permanent
street name signs shall �e installed �efare accepiance of the
improvements by CITY.
2. Acauisiiion and Dedication ofi Easements or Riahts-of-Way. if ar�y of the
public impravement and land use develapment work contemplated by this
Agreement is to be constructed or installed on land r�ot owned by CITY or
SUBD�VIDER, no construction or installation shakl be commenced before:
a. The offer oi dedication tQ ClTY of ap�rop�iate rights-of-way,
easeme�ts or other interests in real property, and appropriate
authorization fram the property owner ta allaw construction or
instaliat�oi-� of the improvements or wark, or
b. The dedication to, and acc�ptance by, C1TY of appropriate rights-
of-way, easements or other interests in real property, as
determined by the City Engineer, or
c. The issuance by a court of competer�t jurisdiction pursuant to the
State Eminent Damain Law of an order of passession.
SUBDIVIDER shal! comply in all res�ects with the order of
possession.
Not�ing in this Section �2} shall be consirued as authorizing or granting an
extension af time to SUBDIVIDER.
Ravised - � -
9�11 l7
3. Securitv. SUBDIVIDER shall at all times guarantee SUBDIVIDER's
p�rtormance by furnishing ta ClTY, and maint�ining, good �nd s�ffic�ent
security as requir�d by the Subdivis�on �aws on forms approved by CITY �or the
purposes arx� in the amounts as follows�
a. to assure faitt�fui pertormance flf this Agreemenf in regard to said
improvements in ar� amount of 100% of the estimated cost of the
impro�ements; and
�, to secure paymer�t fo any contractor, subcontractor, persons
renting equipment, or furnishing labor and materials for tne
impro�ements required to be cor�structed and installed �ursuant to
this Agreem�nt ir� the additional amount of 50% of the estimated
cost of th� impravem�nts; and
�. to guarantee or warranty the work done pursuant to this Agreement
for a period of one year following acceptar�ce thereof by CITY
against any defective work or labor done ar �efective materials
furnished in the additior�al amount of 1 a% of the estimated cost of
the impravements; and
d. SUBDIVID�R s�al1 also furnish to C1TY good and sufficient security
in the amo��r�t of ane hundred percent (100°10) of the eskimated cost
of setting SUBDIVISION manuments as stated previously in this
Agreement in Section {1}(fl for a�eriod of one year plus t#�irty (30}
dayrs from forma! acceptance by the City Council.
TY�e securities re�uired by this Agreement shatl be kept on file with the
Gity Clerk The terms of the security dacuments re#erenced an page 1 of this
Agreement are incorporated into this Agreement by this reference. lf any security is
replaced by another approved seaarity, the replaoement shall: 1} oomply with al! the
requiremerrts for security in #his Agreement; 2) be provided to the City Engineer to be
filed with the City Clerk and, upon filir�g, 3) shall be deemed to have been made a pa�t af
Revised - 6 -
4�11 17
and incorporated into this Agreeme�t. Upon provision of a replaoemerrt sea.i�ity with the City
Engineer and filing of a re�lacement seaarity with the City Cle�-k, the former sea�rity may
be released.
4. A1t2rations to lmprovemer�t Plans.
a. Any changes, alterations or additions to the Impravement Plans not
exc�eding ten perce�t (10°10) oi the ariginal estimated cost of the
improvements, which are mutually agreed upon by CITY and
SUBDIVIDER, shall nat relie�e the improvement secur�#y given for
faithiu! pertormance of this Agreement. !n the event such changes,
alterations, or additions exceed 1Q% of the original estimated cosi
of the improvement, SUBDIVID�R shall provide impravernent
security for faithful performance as requi�ed by Section (3) of this
Agreement for one hun�red percent (100%} of the total estimated
cost of tfi�e improvements as cha�ged: altered, ar amended, minus
any completed partial releases allawed by Section (6) of this
Agreemer�t.
b. The SUBDIViDER shall construct the improvements in accordance
with CITY standards in effect at the time of adoption of the
Resolutio� of A�proval. CITY reserves the right to modify the
sia�dards applicable ta the SUBDIVISIQN and this Agreement,
when n�c�ssary to protect t�e public safety or welfare or comply
with applicable state or federai law or CITY zoning ordinances. If
SUBDNIDER requests and is grar�ted an extension of time for
completion of the improvemenfs, CITY may apply the standards in
�ffect at the time af the extension
5. Inspection. SUBDIVIDER shall at all times maintain proper fac�lities and
safie access for inspection of the public improvements by CITY inspectors
and to the shops wherein any work �s in �repara#ion. Upon completion of
Revised - 7 -
9 i1�17
the wo�k, SUBDIVIDER may request a final inspection by the City
Engineer, ar khe City Engir�ee�'s a��thorized representative. If khe City
Engineer, or the designated representative, determines that the wark has
been completed in accordance with this Agre�ment, then the City
Er�gineer shali cert��y the completion of the �ublic improvements to the City
CounciL Na improvements shall be finally accepted by the Cjty Council unless
all aspects of the work have been inspecked ar�d oomple�ed in aacordance with the
Improvement Plans. When applicable !aw requires an inspection to �e made by
City at a particular stage of the wartc of constructirtg and installing such
improv�ments, CfTY sha!! be given timely notice of SUBDlVlDER's
r�eadiness #or such inspec#ion and SUBDIVIDER shall not proceed with additional
wor�k �anti! th� insp�dion has heen mac�e and the wo�c approved. SUBDlVIDER
shall bear all cos�s of inspection and certification. No improvements shall be
deemed completed until accepted by the City Council purs�ant to Section
(17) hereir�.
6. R�Isase of Seeurities. The securities required by this Agreement shall be
rele�sed as fo�lowing:
a. Security given for faithful pertormance of any act, obligation, work
ar agreement shall be released upon the final completion and
acceptance of the act or work, subject to the provisions of
subsection (b} hereof.
b. The City Engineer may release a portion of the security given for
faithful pertormance of impravement work as the improvement
progresses upon application thereof by tne SUBDIVIDER; provided,
however, that no such release shall �e for an amount less than
twenty-five percent {25%) af the tota! improvement security given
for faithfu� pertormance of the improvement work and that th�
security shall not be reduced to an amount less than fifty percent
(50%} of �he total improvement security given for faithfu!
Revised - $ -
9 11 i7
performance until tinal campletion and acceptance of the
improvement work in no �vent shall the �ity Engineer a��tharize a
release of the improvement security which would reduce such
security to an amount belaw tl�at require� to guarantee the
completion af the improvement work and any other obligatian
imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materia�s or
equipment shall, at six (6) months aft�r completior� and acceptance
of the work, be reduced to an amount equaf to no less than 125%
o� the total claimed by afl claimanis for whom liens have been filed
and of which naiice has been given to the CITY, plus an amount
reasonably determined by the City Engineer to be required to
assure the perfarmance o� any oiher obligations secured by the
Security. The �alance of the sec�arity shall be released upon the
settlement of af� cla�ms �nd oblic��tions for which the security was
given.
d. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any
claims filed during the warranty penod have been settled. As provided
in Section (10), the warranty perio� shall not commeno� until formal final
aoceptanoe of ail the w,ork and improvements by the City CoUncil.
e. ClTY may retain from any security released, an amount sufficient to
cover costs and reasonable �xpenses and fees, including
reasonable attorneys' fees.
7. iniury to Public Imqrovemen#s. Pub4ic Proqertv or Public Utilities Facilities.
SUBDIVIDER shafl replace or repair ar have replaced or repaired, as the
case may be, al! pubiic improvements, public utilikies faciiities and
surveying or sub�ivision monument which are destrayed o� damaged as a
��;��sza - 9 -
�:�t i ���
_ . . , . , ..
resuit of any work under this Agreement. SUBDIVIDER shall bear the
er�tire cost of replacement or repairs of any and a!! p��blic or pu�lic ��tiiity
property damaged or desfroye� by reason of any work done under this
Agreement, whether such �roperty is owned by the United States or any
agency thereof, or the Stat2 of California, or any agency or politica!
subdivision thereof, or by CITY or any public ar private utility carporation
or by any com�ination of s�ach owners. Any repair or replacement shall be
to the satisfaction, and subject to the approval, of the City Engineer.
8. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the canstruction and installation of the
improvements, give all necessary notices and pay ai� fees and taxes
required by law.
9. Default of SUBDlVIDER.
a. Defauit o# SUBDIVIDER shall include, but not be limited to,
{1 } SUBDIVlDER's failure ta timely commence construction of
this Agreement;
�2) SUBDIVIDER's fiaiiure io timeiy complete construction of tY�e
improvements;
(3) SUBD4VIDER's failure to timely cure a�y defect in the
improvements;
(4j SUBDiVIDER's faiiure ia �ertorm subsiantial construction
work for a period of twenty (20) calendar days after
commencement of the work;
�5} SUBDIVIDER's insolvency, appointment of a receiver, or the
filing of ar�y petition in bankruptcy either voluniary or
involuntary which SUBDiVIDER fails to discharge within
thirty {30) days; the commencement of a fareclosure action
Revised - � � -
9.11 i7
against #he SU�DIVISION or a portio� thereof, or any
conveyance in iieu or in avoidance of foreGlosure; ar
(6) SUBDIVlDER's #ailure to perform any other obligation under
th�s Agreemer�t.
b. CITY reserves to itself all reme�ies available to it at law or in equity
fvr breach of SUBDlVlDER's obligations ��nder this Agreement CITY shal! have
the right: subject to this Section, to draw upan or utilize the appropriate security
to mitigate CITY's damages in event of default by SUBDlVIDER. The right of
ClTY to draw upon or utilize the secur;ty is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs an� sec��rity �mount� may nat refleGt the actual cost of constr��ction or
installation of the improvements and, therefore, CITY's damages for
SUBD�VIDER's default shall be measured by the cost of campketing the required
Emprovements. The sums provided by the �mpravement sec�rity may be us�d by
CITY for the completion of the public im�rovemen#s in accordance with the
improv�m�nt plans and specifications contained hereEn.
In the event af SUBDIVIDER's default under this Agreement,
SUBDIVIDER au#horizes CITY to perform such obligation twenty (20) days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety,
and agrees ta pay the entire cost of such pertormance by CITY.
CITY may take over tne work an� prosecute the same ta completion, by
contract or by a�y other methad �ITY may deem advisable; for the account and
at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to
ClTY for any excesG cost or cl�m�ges occ�sioned CITY thereby. In s��ch event,
CITY, without liabifity for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plants and other property
belong�ng to SUBDlVlDER as may be on t�e site of the work and r�ecessary for
pertormance of the work.
Revised - 1 1 -
9:i137
c. Failure of SUBDlV�DER to comply with the terms of t#��s Agreement
shal! constitute consent ko the filing by CITY of notice of vialation
against all the lots in the SUBDIVISIQN, or to rescind the ap�roval
or otherwise revert the SUBDIVISION to acreage. The remedy
provided by this subsection (c) is in additio�t to and not i� iieu of other
remedies available to CITY. SUBDIVID�R agrees ihat fhe choice of
remedy or remedies for SUBDIViDER's hreach shail be in #t�e
discretion of ClTY.
d. In t�e e�ent t�at SUBDIVIDER fails to pertorm any obligation
hereur�der, SUBDIVIDER agrees to pay al1 costs and expenses
incurred by CITY ir� securing pertormance of such obligations,
including but �ot Eimited to fees and charges of architects,
engineers, attorneys, otfi�er professionals, and court costs.
e. The failure of ClTY to take an enforcement action with respect to a
default, or to declare a breach> shall not be construed as a waiver
of that defauft ar breach or any subsequent defauli or breach of
SUBDIVIDER.
10. Warrantv. SUBDIVID�R shall guarantee or warranty tne work done
pursuant to this Agreemer�t for a periad of one year after final forma!
acceptance of the SUBDiVISION by the City Cauncil against any defective
work or labor done or defective materials furnished. If within th� warranty
periad any work or improvemer�t or part o# any work or improvement done,
furnished, installed, or constructed by SUBDiVIDER fails to fulfill any of
the requireme�ts of this Ag�eement ar the improvemer�t pians and
specificaiions referred to herein, SUBDIVIDER shalf without delay and
without any cost to CITY, repair or replace or reconstruct any defective or
otherwise unsatisfac#ory part or parts of the work or structure. Should
SUBDIVIDER faif to act promptly or in accordance with this requirement,
Rc��ised - 12 -
9� I 1 17
` ' . { , 1 "
SUBDIVIDER hereby authorizes CITY, at CITY's option, ta pertarm the
work twenty {20) ciays after mailing writter� notice of default to
SUBDiVIDER and to SUBDIVIDER's surety, and agrees ta pay the cost of
suc� work by CITY. ShouEd CITY determine that an cargency requires
repairs or replacements to be made before SUBDlVIDER can be notified,
CITY may, in its sale discretion, make the nec�ssary repairs or
replacement or pertorm t�e neGessary work and SUBDlV�DER shak! pay to
C�TY the cost of such repairs.
11. SUBDIViDER Not AQent of CITY. Neither SUBDEVIDER nor any of
SUBDIVIDER's agents, contractors or subcontractors are or shall be
cansidered to be agents of CITY in connection with the pertormance of
SUBDIVIDER'S obligations under this Agreement.
12. lniury to Work. Until such time as the improvem�nts a�e accepted by
C1TY, SUBDIVlDER shal� be r�sponsible for and bear the risk of loss to
any o� the improvements constructe� or ir�stalled. Ur�til such time as ail
improvements required by this Agreement are fully completed and
accepted by CITY, SUBDIVIDER will be respor�sible for ihe care,
maintenance of, and any damag� to such improvements. CITY shall not,
nor shall any officer or employee thereof, be liable or responsible fior a�y
accident; loss or damage, regardless of cause, happening or occurring to
the work ar improvements s�ecified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks
shal! be ihe responsibilits� of an� are here�y assumed by SUBDlVlDER.
13. Environmental Warrantv.. Prior to the acceptance of any dedicatior�s or
improvements by CITY, SUBDlVlDER sh��! certify and warrant that neith��r
the property to be dedicated nar SUBDIVIDER is in violation of any
environmental law and neither the property to be dedicated nar the
SUBDIVlDER is subject to any existing, pending or threatened
investigation by any federal, state or local goverr�mentaf authority under or
tt�vised - 13 -
9� 11 17
in connection with e�vironmental law. Neither SUBDIVIDER nor any third
party will ��se, ger►erate, m�n�afacture, prod�ice, or �elease, or�, �knder, or
about the proper#y to be dedicated, any hazardous substance except ir�
compliance with all applicable environmental laws. SUBDIVI�ER has not
caused or permitt2d the �elease of, and has no knowledge of the �elease o�
presence of, any hazardous substance on the p�operty to be dedicated or tf�e
migratio� of any hazardo�as s��bstance from or to any a#her property ad�acent ta:
or in the v'tcinity of, the property to be dedicated. SUBDIViDER's prior and
present use of the propeny to be dedicated has not resulted in the release
of any hazardous substanc� on the prop�rty to be dedicated. SUBDlV1DER
shal� give prompf wriiker� notice to CITY at the address set forth hereir� of:
a. Any proceeding or investigation by any federal, state or local
gavernmental authority with respect to the presence of any
hazardous substance on the prope�ty to be dedicated or the
migratian ther�af from or ta any other property adjacent to, ar in tf�e
vtcirtity of. the property to be dedicated;
b. Any claims made or threatened by any third party against CITY or
ihe property ta be dedicated relating to any loss or injury resulting
from any haza�dous substance; and,
c. SUBDIViDER's discavery of any accurrence or candiii�n on any
property adjoining rn the vicinity of the property to be �edicated that
could cause the property to �e dedicated or any part th�r�of ta be
subj�ct to any restrictions on its ownership, occupancy, use for the
purpose for wh�ch is it is intended, transferability or suit under any
environmental law.
�4. Other Aqreements. Nothing contained in this Agreement shall preclude
CITY �ro�i� �Xp@ilCliil� monies pursuant to agreements concurrentiy or
previously executed between the parties, or #rom er�tering into agreements
with Qther �ubdividers for the appQrti4nment of �asts of water and sewer
Rz.��sza - 14 -
91i17
� , i .
mains, or other improvements, pursuant to the provisions of the CITY
ordinances �rovidin� the�efore, nor shall anything in this Agreement
commit CITY to any such apportionment.
15. SUBDIVIDER'S Obliqation ta Warn Public Durin� Construction. Until
forma� finaE acceptance of the improvem�nts, SUBDIVIDER shall give
good and adequate warning to the public of each and every dange�ous
condition existent in said improvements, and will take all reasonable
actions to protect the �ublic from such dangerous condition.
16. Vestina af Ownershi�. Upon formal final acceptance of the wark by CfTY
and recordation of the Resofution of Acceptance of Public Improvements,
ownership of the improvements constructed pursuant to this Agreement
shall vest in CITY.
17. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Cauncil upon recommendation ofi the City
Engineer after f�nal completion and inspection of afl improvements. The
City Council shall act Gpon the Engineer's recammendation within sixty
(6�} days fram the date the City �ngineer certifies that the work has �een
finafly campleted, as provided in Section �6}. Such acceptance shall not
constitute a waiver af defects by CITY.
18. IndemnitvlHold Harmless. CITY or any officer or employee thereof shall
not be Eiable #or any injury to persons or property occasioned by reason of
the acts ar omissions of SUBDIVIDER, its agents, ar employees,
contractors and subcontractors ir� the performance of this Agreement.
SUBDIVIDER further agrees ta protect, defend, indemnify and hold
harmless CITY, its officials, boards and commis5ions, and members
thereof agents and employees from any and all claims, demands, causes
of action, liability or lass of any sort, because of, or arisin� out of, acts or
omissions o# SUBDIVIDER, its agents, employees, contractors and
s�bcontracto�s in tY�e performance of this Agreement, except for such
Revised - 1$ -
91117
i t . f . "
claims, demands, ca�ses af action, liability, or loss arising out of the sole
active neglic�ence of th� CITY, its officials, boards, commissi4ns, the
members thereof, agents, and employses, including all claims, demar�ds,
causes of action, liability, or loss beca�s� of, ar arising out of, in whole or
in part, th� design or construction of the improvemer�ts. This
indemnificatior� and agreement to hold harmless shall extend to ir�juries to
persons ar�d damages ar takinc� of property res��lting from the design or
constructior� of said SUBDIVISION, and the public improvements as
provided herein, and in additior�, to adjacent property owners as a
�onsequence of t�e diversion of waters from the design and construction
of p�blic drainage systems, streets and ather pu�lic improvements.
Acceptance by CITY Qf the improvements shaEl not cQnstitute an
assumption by CITY o� any responsibility for any damage or taking
covered by this Section. CITY shall not be responsible for the des�gn or
construction of the property ta b� d�dicated or the impravements pursuant
to the approved improvement plans ar map, regardless o# any negligent
action ar inaction tak�n by C1TY in appraving th� plans or map, unkess the
particular im�rovement design was specificajly required by CITY aver
w�itten objection by SUBDIVIDER submitted to the City Engineer before
approva! of th� particular improv�ment design, whEct� objectior� i�dicated that th�
particuiar improvement desi�n was dangerous or defective and suggested an
alternaiive safe and feasible design.
After acceptance of the improvements, the SUBDIVIDER shail remain
obligated to eliminate any defect in design or dangeraus condition caused �y the
design or construction defect; however, SUBDIViDER shall not be respor�sibie
for routine maintenance. Provisions o# this Section shall remain in full force and
effect for ten (� 0} years following the acceptance by CITY of the improvements. It
is the intent ot this Sectinn that SUBDkVIDER sl�all be responsibfe #or all liability
for design and construction of t�e improvements install�d or work done �ursuant
to this Agreement and that C�TY shali not be liable for any negli�ence,
nonfeasance, misfeasa�ce or malfeasance in ap�roving, reviewing, checking, vr
Revised - 16 -
9:11 17
i � ' ! , '
inspecting any work or construction. The improvement security shall not �e
req��irecl to cQver the provisions of this Sectian
SUBDIVIDER shall reimburse CITY far all costs and expenses {inGuding b�t not
limited to fees and charges of a�chitects, engineers, attorneys, and othEr professionals,
and court costs) inc�arred by CITY in er�forcing the provisions o� ihis Section.
19. Persor�a� Nature of SUBDlVIDER'S �bliaat�ons. All of SUBDiVIDER's
obligations under this agre�ment are and shall remain the personal
obligations of SUBDlVlDER notwithstanding a transfer of all or any part of
the property witt�in the SUBDIVISION subject to this Agreement, and
SUBDlV�DER s#�al! not be entitied ko assign its obligations ��nder this
Agreement to any transferee of aU or any part of the property within the
SUBDIVISEON ar to any other third �arty without the express written
car�sent af ClTY.
20. Sale or Disposition of SUBDIVIS�ON. Seller or other SUBDIViDER may
request a novativn of this Agreem�nt and � sL�bstit«#ion af sec��rity. Upon
approval of ihe novation and substitution of securities, the SUBDIVIDER
may request a r�lsase or reduction of the securities required by this
Agreement. Noth�ng in the novation sha!! r�li�ve th� SUBDlVlDER of the
obligations under Section (18) for the work or improvement done by
SUBDIVIDER.
21. Time of the Essence. Time is of the essence in the performance of this
Agreement.
22. Time #or Commencement of Wor�C: Time Extensions. SUBDIVIDER shalk
commence substantial construction of the improvements reqiiired by #his
Agreement not later than six (6) manths after the date of th�s Agreement.
in the event good cause exists as d�t�rmined by the City Engineer, the
time for commencement of canstruction or com,�letion of the
R�vised - � 7 -
9.11 17
improvements hereunder may be extended for a period or periods not
exceeding a iotal of two (2} additiona! years. T�� �xtensiQn shall be
�x�cuted in writing by the City Engineer. Any such extension may be
granted without notice to SUBDIVIDER's surety and shall no� affect the
validity of t#�is Agr�ement or release the surety or sureties on any security
given for this Agreement. The City Engineer shal� be t#�e sole and final
ju�ic�e as to whether or not good cai�se has been shown to entitle
SUBDIViDER to an extension. Delay, other than delay in #he
commencement of waric, resulting fram an act of CITY, act of God, or by
storm or inclement weathef, stri�es, boycotts or similar political action�
which prevents the conducting of work, which SUBDIVIDER could not
ha�e reasonably foreseen and, furthermore, were not caused by or
contributed to by SUBDIVIDER, shall constitute good cause for and
extension of the time for completion. As a condition of such extension, the
City Er�gin�er may require SUBDIVlDER to furnish new securEty
guaranteeing performance of this Agreement as extended in an increased
amo��nt as n�cps�ary to comp�n�ate for any increase ir� constrfaction
costs as determined by the City Engineer.
23. No Vestina of Riahts. Pertormance by SUBDIVIDER of this Agreement
shall nat be constr�aed to vest SUBDiVIDER's �ights with respect to any
change in any zoning or buiEding iaw or ordinance.
24. Notices. All notices required or pravided for und�r this Agreement shali be
in writfng and delivered in person ar sant by mail, postage prepaid and
addressed as provided in this Section. Notice shall be effective on the
dats it is delivered in persor�, or, if mai�ed, on the date of deposit in the
United States mail. Notices shall be a�dressed as follows unless a written
change of address is filed with the City:
Re�•ised - � � -
9�11 17
. . � � x . `
Notice to CITY: City of Pafm Desert
73-510 F�ed Waring Drive Palm
Desert, Caiifarnia 922G0
Attn: Public Works Directar
Notice to SUBQIVlQER: ViliasPD LLC
77200 California Drive
Palm Desert, CA 92211
Notice to SURETY: The Ohio CasUalty Insurance Co
175 Berkley St
Boston, MA 022� 6
25. Compliance With Laws. SUBDIVIDER, its agents, emplayees, contractors
and subcontractors shall comply wEth all federal, state and local �aws in the
performance of the improvements ar�d land development work required by
this Agreement. Ta the extent improvements to be constructed by
SUBDlVIDER or under the direction of SUBDlVIDER 1�ereunder are
cansidered ta be a public work requiring the payment of prevailing wages
and comp�iance with ather prevailing wage laws under Labor Code
Sections 1720 et seq., SUBDIVIDER shall cause the contractor and
subcor�tractors to pay pr�vaiiing wages and to camply with all other
prevailing wage laws pursuant to Cali#ornia Labor Code Sections 1720 e#
seq. and implementing regulations of the Cali�ornia Departm�nt of
lndustriaf Relations and comply with any other applicahl� provisions of
Labor Cade Sections �72a et seq. and implementing regulations of the
Dep�rtment of lnd��strial Relatior�s. SUBDIVIDER shal! indemnify, defenci,
protect and hoid harmless City, its agents, elected officials, officers,
employees and ir�dependent consultants fram and against any third party
claim, cause of action, administra#ive ar judicia! praceedir�g ar
enforcement action of any �cind arising out of or resulting from
SUBDIV�DER ar it� �r�tractors and s�abc.�ntractors' alkeged ar a�tua!
Revised - ] � -
9:1117
�, :
failure to comply with prevailing wage law.
26. Severabilitv. The provisions a� this Agreement are s�verable. if any
portior� of th�s Agreement is held invalid by a couR of competent
jurisdiction, the remainder of the agreement shal! remain ir� #ull foroe and effect
unless amended or modified by the mutual consent of the parties.
27. Ca�tions. Tne captions af this Agreement are fo� convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid
in the interpretation, constr�ction or meaning of any pravisians of this
Agreement.
28. Litiaaiian or Arbitration. ir� tti� ev�nt that suit o� atbitt�tior� is brought to
enforce the terms of this Agreement, the prevailing party shall be entitled
to litigation costs and reasonable attorneys' fees.
29. fncorporation of Recitals. The recitals to this Agreement are hereby
incvr{�Qrated into in #he t�rms of t#�is Agreement.
3a. Entire A�reement. This Agreement constitutes th� entire agreemer�t of
the parties wi#h respect to the subject matter. All modificatians:
amendments, ar waivers of the terms of tnis Agreement must be in writing
and signed by the appropri�te representatives of the parties.
31. I�terpretation. This Agreement s�al! be interpreted in accardance with the
laws of th� State of California.
32. Jurisdiction. Jurisdictifln of al! disputes over the terms of this Agreement
�hall be in the County of Riverside, State of California.
RN��ised - ��} -
9�11 17
f � L��. _ � { , �
iN WiTNESS WHEREOF, this Agreement is executed by the parties as of the
date hereir►above first written: by GITY, by anc! through its Mayor.
SUBDlVlDER
ViHasPD LLC �
SUHD1ViDER a
(Proper Notarization of SUBDiVIDER's
signat�are is required and shall be attached}
ClTY OF PALM DESERT
By:
TQDD HILEMAN, CITY MANAGER
ATTEST:
GRACE L.. ROCHA, ACTING CITY CE.ERK
APPROVED AS TO FORM:
ROBERT W. HARGREAVES, CITY ATTORNEY
Ret•ised - � � -
9:1] 17
i � � i � � '
ACKNOWL.EDGEMENT
A notary p�blic or other officer cornpl�3ting this certificate �erifies only the identity of the
individual who signed the document to which this c�rtificate is attached, and not the
truthfulness. accuracy, or validity of that docume�t.
State of California ;
R1u�'s�d-� } SS
county a }
.
On� JVi�.e v�J 20�� , b�for �e, �Li/i�� _ ��T, a
Notary Public, p�rsonally appearet� �� � �,�'��
who �roved t� me or� the basis of satisfactary evidence to be the person(s} whose
r�ame(s) islar� subscri�ed ta #he within ir�strument and acknowleclged to me that
helsheltY�ey executed the same in hislher/their autharized capacity(ies), and tha# by
hislh�rltheir signature{s) on the insti umen! thr: �erson(s), or the entity upon behalf of
whic�� t��e persar��s} acted, �x�cut�vd the instrument.
I cer�ify under PENALTY OF PERJURY undc:r #�7c: laws of tl�e State of California that the
foregoing par��ra�h �s true and correct.
WITNESS my hand a�id official se�l.
DtAHNA KAYE TX1DD
� f ; Notary Pc►biic - CalHorni�r
/ � " " Rlv�rside Caunry �
� Gommisstan 1� 2306DS1
�igl�c�tufE MyGomm. ExptresOtt 10, 2i}23 �
Bond #39K006943
Premium: $7,012.00
SUBDIVISION IMPROVEMENT AGREEMENT
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, t�e City af Palm Desert, California ("City"} and
VillasPD, LLC ("Principal"), have
executed an agreement for work consisting of, but not limited to, the furnishing a�l labor, materials,
tools, equipment, services, and incidenta�s for all grading, roads, pa�ing, curbs and g�tters,
pathways, storm drains, sanitary sewers, utilities, cirainage facilities, traffic controls, landscaping,
street lights, and all oiher required facilities for ParcellTract Map No. 37240 {"Public
Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly
set forth in that ce�tain Subd��ision Impro�ement Agreement dated �une 2� ,
20?�, ("impro�ement Agreement");
WHEREAS, the Impra�ement Agreement is hereby referred to and incarporated l�erein by
reference; and
WHEREAS, Principal is required by the lmpra�ement Agreement to provide a good and
sufficient bond for perFormance of the Improvement Agreement, and to guarantee and warranty
the Public Impro�ements constructed thereunder.
NOW, THEREFORE, Princi�al and The Ohio Casualty Insurance Company ("Surety"), a
corparation organized and existing under the laws of the State of New Hampshire ,
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City in the sum of
Four Hundred Sixty 5even Thausand Four Hundred Forty Three Dollars & 201100 DOLLARS
($ 467.443.20 ), said sum being noi less than one hundred percent {100°/a)
of the tota! cost of the Public Impro�ements as set forth in the ]mpro�ement Agreement, we bind
ourselves, our heirs, executors and administrators, successars and assigns, jointly and se�erally,
firmly by these presents.
THE CONDITION OF THES OBLIGATION is such, that if Principal, his or its heirs,
executors, administrators, successors or assigns, shall in alf things stand to and abide by, and
well an� truly keep and perForm the covenants, conditions, agreements, guarantees, and
warranties in the Im�ro�ement Agreement and any alteration thereof made as therein pra�ided,
to be kept and perFormed at the time and in the manner therein speci�ed and in all respects
according to their intent and meaning, and to indemnify and sa�e harml�ss City, its officers,
employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall
become null a�d �oid; otherwise i# shall be and remai�t in full force and effect.
As 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, ir�cluding reasonable
attorney's fees, incurred by City in successfully enforcing such obligatian, al! io be taxed as casts
and irocluded in any judgmer�t rendared.
Surety, for �alue recei�ed, hereby stipulates and agrees that no change, extensian of time,
alteration, or addition to the terms af the Impro�ement Agreement, or to any plans, profies, and
72540.00001130593489.1
specifications related thereto, ar to the Public Impro�ements to be constructed thereunder, shall
in any way affect its obligations on this bond, and it does hereby wai�e notice of any such change,
extension of time, alt�ration, or addition.
This bond is executed and filed to comply with Section 86499, et seq., of the California
Go�ernment Code as security for performance of the Impro�ement Agreement and security for
the one-year guarantee and warranty of tha Public Impro�ements.
IN WfTNESS WHEREOF, we ha�e hereunto set our hands and seals this 26fh day of
August , 20 21 .
{Corporate Seal}
(Corporate �eal)
(Attach Attorney-in-Fact Certificate}
VillasPD, LLC
Principal
B W� W �
Y
Y
Title �►^�S ,���/��
The Ohio Casualty Insurance Company
Surety
By �� J. LD�
Attarney-in-Fact
TItIB Matthew S. Costello - Attorney in Fact
The rate of premium an ti�is bond is Varies per thousand. The total amount of premium
charges is $ 7,0�2.00 ,
(The abo�e must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(N�me and Address of Surety) 7he Ohio Casualty Insurance Company
175 BPrklev St
Boston, MA 02116
(Name and Address of Agent or
Representati�e for service of
process in California, if different
from abo�e)
(Telephone number of Surety
and Agent or Representati�e for
service af process in California)
CT Corporation System
818 West 7th Street
Los Anaeles. CA 90017
saoass-szssnso-sso-��oo
72500.00001130593484 l
Notary Acknowledgment
A notary public or ather officer completing this certificaie
verifies anly the. identity of the indi�idual who signed the
document to which this certificate is attached, and nok the
truthfulness, accuracy, or �alidity of that document.
STATE OF CALIFORIVIA
COU NTY OF
On $� � , 2d��, befare me, L lV1['��'c_�O�Gt_ , Notary Public, personally
appeared �G�i'�r1P,[.�) S. C DS��D , who pro�ed to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to
me that helshelthey executed the same in hislher/tneir authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of tne State of California that the foregoing paragraph
is true and correct.
� w�;1 �i++oaaocHa WITNE y hand an icial seal.
• Notary Public • [al+tornia y
�� r
_ „ Riverside Counry � r
�Commission � 2310332
'��� •"'�`My Comm. fxpires Nov 20, 2QIl �
OPTIONAL
Though the information below is not required 6y Iaw, if may prove valuable to persons relying on the documenf
and could prevent fraudulent remova! and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
� Indi�idual
� Corporate Officer
7itle(s}
pPartner(s) � Limited
p General
[� Attorney-I n-Fact
❑ Trustee(s)
❑ GuardianlConservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
S9gner(s) Other Than Named Above
NO7E: 7his acknowledgment is to be compjeted for the Aitorney-in-Fact for 5�rety. The Pawer-of
Attorney to lacal representatives of the bonding company must also be attached.
72500.00001L30543489. i
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individuaf who
signed the dacument to which thi5 certificate is attached, and not the truthfulness, accuracy, or validity
of that document
Province of Alberta
County of 5trdthcana
On 5eptember 14, 2021, before me, Lorne Frederick Penner, a Notary Public, personally appeared
Wilfred Weinkauf, who proved to me on the basis of satisfactory e�idence to be the person whose name
is subscribed to the within instrument anci acknawledged to me that he executed the same in his
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I tertify under PENALTY OF PERJURY under the laws of the Province of Alberta that the foregoing
paragraph is true and correct.
WTNE55 my hand and offici
Signature
/ � �i
�.�
LOR�i� E PC911i�iR
8arrister, Solicitor, �Zotary Public 8
Commissioncr #or Oaths in and fo� Alberic
1Ny Commission Nnver Expires.
7his Power of Attomey Iimits the acts of those named heretn, and they have na authorily to
bind the Company except in the manner and io the extent hereln stated.
Liberty Liberty Mutual Insurance Company
�u��� The Ohio Casualty Insurance Company CertificaleNo: 82o592z-972o35
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWIV ALL PER50MS BY THESE pR�S�N7S: That The Ohio Casualty Ensurance Compaoy -s a oorpvratian duly organized under t�e laws o( the 5tate of New Hampshire, Gtat
Libe¢ly Mutual Insuranca Company is a corparalion duly or�}anized under the laws o( the State of Massaehuselis, and West American Insorance Campa�y is a oorpora6on duly organized
under the faws of tha Stale o(: nd;ana (herein collectiveJy ca led the'Companies'}, pursuant lo and by aulhority herein sef (vrih, does hereby name, cons6lute and appoint, Diane 3vI.
Nielsen; Matthew 5. Costello; Sal C. Sandoval
all of the ciiy ot Palm Dasert sfate of CA each individuaEly if there be more than one named, �ts fi�e and lawful attorney-in-fact lo make,
execule, seal, acknouriedgs and deliver, for and on its behalf as surety and as iLs ad and deed, any and all underiakings, 6ands, recognizances and ofher surety obligations, in pursuance
af Ihese presenls and shall he as binding upon ihe Companies ss if they have heen duly signed 6y the presidenl and attested by �ha secretary of the Campanies in their awn proper
persons.
IN WiTNESS WHEREdF, this Power oi Aftomey has been subsaibed by an authorized of�cer or offidal of Ihe Compaoies and ihe oaporate seals of the Campanies have heen aEfixed
thereto this 9th day of July , 2021 .
Liberhr hAulual Insurance Company
� tiKsv �,�Y INs� � 1N8U� The Ohio Casualty Insurance Company
�J��pu°j4f��,� � �,�O�,�RTyrn � ��o�'0�4,� �fi WestAmerican Insuranca Company
1992 0 0'f999 „ � 1991 Q y�
� rd'�°a�cwu�F a y��a�rr���o +�d, �'ouK� JL� +./.-` '� U
� eiT * �.� �bl * �,t� �M * �,t� BY� � �
ca Dand M. Carey, Assistant Seaelary � a
:o � SisEa of PENNSYLVANIA SS •c �
� ��-,, Caunty o( NfONTGOMERY o �,
�� On ihis 9th day of July „ 2021 betae me personally appeared David Mf. Carey, who adcnawledged hi�,self to be iha Assistant 5ecrelary of Eaber[y Mulual Insurance ��
�� Campany, The Ohio CasualEy Company, and West American Insuranoe Campany, and that he, as such, being authorized so to do, eacecute the foregaing insUument for the purposes � r=.
�� lherein contained by signing on behal( o( fhe corporations by himse{f as a duly authorized o(ficer. ��
�� 1N WITNESS WHEREOF, I have hereunta subscribed my name and affixed my nolerial seal ai King of Prussia, Pennsybania. cn ihe day and year first above wrilten. �
o�' �yp Hw STF� Commorcxeallh d Penraylvanla - Ndary 5aa� `�
�
aS o ,.."'ec9� �`x Ca re,eaa ramn.. rra.n weac � C'co
p � oF ��K �Y �j���
c � µy°om�°,�' '� By: r" "'_" �j � °�'
�„ .��v� r,�„�r, Pen a Nc�e. Teresa Aastel �, Notary Publ�c a o
� � ��� ��
�� This Power of Atlorney is made and executed pursuant to and hy authori[y of ihe to{lowing By-laws and Authorizapons of liie Ohio Casual�y Insurance Comoany, li6erty Mutual 3 ao
�•� Insarance Campany, and Wasl American Insurance Campany which resolutions are now in fuil force and eHect reading as (ollows: ��
�� ARTICLEIV—�FEICERS: Section 12. PowerofAttomey. o�
�� My officer or alher offiaal of tha Corpora6on authorized for t�at purpose in writing by the Chairman or ihe President, and subject to such limitativn as lhe Chsirrnan or the -� �
� � President may prascribe, shall appoint such altomeys-in-fad, as may be necessary !o acl in behalf of the Corporafion to make, execute, seal, acknowledge an� defiver as s�reEy � CO
�� any and all undertakings, honds, recogn¢ances and alher sureiy obliga6ans. Such aEtomeys-in-fact, subjeck to ihe limitations set torGt in their respectiva powers of attomey, sha[I ��
o� have full power to bind the Corporation hy their signatura and execuGon of any such instNments and to attach thereto ihe seal af the Carporation. Wheo so executed, such A�
Z � iqstrumenis shall be as binding as if signed hy the President and altested lo by �he Secretary. My power a authorily granted Eo any representative w attomey-in-fact under t�e � m
rovisions of this artida ma be revoked at an hme b t�e Boaid,lhe Chairman, the President or b the officer or of�cers rantin such ower a aulhori °f
p Y Y� Y Y 9 S P �1'• �i �
ARTICLE Xlll — Execution oi Contracts: Seclian 5. Surety Bonds and Undertakings.
My officer of the Cvmpany aulhorized for that purpase in writing by the chairman or Ihe president, and suhject to such limilations as the chairman or the presidenf may prescribe,
shall appoint sudt atfomeys-in-fact, as may be necessary ta act in behal( of the Company to make, execute, seal, adcnowledge and deliver as surety any and a11 undertakings,
bonds, recognaances and olher surety obligatlans. Such allomeys-in-(act subject io the limitations set (orttr in �heir respective powers of atfomey, shaq have full power to 6ind the
Company by their signature and e�cecution o( any such instruments and to aHach thereto the seal of �he Company. When so e�cecufed such iRstruments sha[I be as binding as i(
signed by t�e president and allested 6y 1he seaetary.
Ce�fificate of designafion — The President o( the Company, acc#ing pursuanl to the Bylaws of Ihe Company, authorizes Oavid M. Carey, Assisfant Seaelary lo appant such alkamays-in-
fact as may he necessary to aci an hehalf o( the Campany to make, execute, seal, adc�owledge and deliver as surety any and all undertakings, bonds, reoognizances and olher surety
abligatians.
Autfiorization — By unanimaus conse�t of Ihe Companrs Board of �irectors, the Company consent� that facs9mile a medianically reproduced signature of any assislanl secrelary o( fha
Company, wheraver appearing upon a ceatified copy of any power o( aftomey issued by ihe Company in canneciion wiih surety 6ands, sha11 be valid and binding upon the Company wif�
the same force and effecl as though manualiy affixed.
I, Reoae C. Llewellyn, the undersgned, Assislant 5ecrelary, The Ohio Casualty Insurance Cam}�any, Liberly Mutual Insurance Company, and Wesl American fnsurance Company do
here6y cerfify t�at the ariginal power o{ attomey o{ which lhe foregoing is a h�El, lnie and corract copy o( the Power of Altomey execuled by said Companies, is in full fvrce and ef{ect and
has not been revaked.
IN T�STIMONY WHEREOF, I hava hereunlo set my hand and affixed the seals of said Companies Eiiis 26th day oi August , 2021 .
'y 1KSUIp SY iHsv tiNSL�
J oNro�-%J� �oe*a�r'� vt�o„ro,�,ij y
� 3� hb rfi Q 3° °b c� ��' �o �fi ��`�' V
1912 � 0 499� o � 9991 � L,�y�
g•
d���'"RCKu+��s y��''N�rr N,�� �r�,��a,,,w�a�a� y Renee C. llewellyn, Assislant Seaetary
7* 1� Hl * 1- M* ti
LMS-12873 LMIC OCIC WAIC MvIU Co 02lZ1
Bond #39KOD6943
Premium Incfuded in Performance Bonc
SUBDIVISION IMPROVEMENT AGREEM�NT
PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, tt�e City of Palm Desert, California ("City") and
VillasPD, LLC {"PrinClpaP�), have
executed an agreement for wark consisting af, but not limited to, the furnishing all labor, materials,
tools, equipment, ser�ices, and incidentals for all grading, roads, paving, curbs and gut#ers,
pathways, storrn drains, sanitary sewers, utilities, drainage fac�lities, traffic controls, landscaping,
street fig�ts, and ali other required facilities for ParcellTract Map No. 37240 ("Public
I mpro�ernents");
WNEREAS, the Public Impro�ements to be perFormed by Principal are more particularly
set forth in that ce�tain Subdivision improvement Agreement dated June 21 ,
20 2�, ("Improvement Agreement");
WHER�AS, the Improvement Agreement is hereby referred to and incorporated herein by
reference; and
WHEREAS, Principal is required by the �mpro►rement Agreement before entering u�on the
performance of the work to provide a good and sufficient payment bond to secure the claims to
which reference is made in Title 3{commencing with Sectian 9000) of Part 6 of Division 4 of ihe
California Civi! Code.
NOW, THEREFORE, Principal and The phio Casualty Insurance Company {"Surety"), a
corporation arganized and existing under the laws of the State of New Hampshire ,
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and oiher
persons employed in the �erformance of the Impro�ement Agreement and referred to in Titie 3
{commencing with Section 9QQ0) of Part 6 of Division 4 of the California Civil Code in the sum of
Two Hundred Thirty Three Thousand Seven H�ndred Twenty One Dollar and 64I�00 DOLLARS
{$ 233,721.60 ), said sum being nat less than one hundred percent (1�p%)
of tt�e totai cost of the Public Impro�ements as set forth in tF�e Imprav�ment Agreement, for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to tt�is work or labor, that the Surety will pay the same in an amount
not exceeding the amount hereinabove set forth.
As 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 City in succassfully enforcing such obligation, all to be taxed as casts
and inclucied in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the beneft of any
and all persons, companies, and corparations entitled to file claims under Title 3(cammencir�g
with Section 9000) of Part 6 of Di�ision 4�f the Civil Code, so as to gi�e a right of action to them
or their assigns in any suit brought upon this bond.
Should the condition of this bond be fufly perFormed, then this obligation shall becorrie null
and �oid, otherwise it shall be and remain in full force and effect.
72500.0000 l 13Q593489 l
Surety, for �alue recei�ed, hereby stipulates and agrees that no change, extension of time,
alteration, or addition ta the ierms of the Impra�ement Agreement, or to any plans, prafiles, and
spec�fications related thereto, or to the Public Im�rovements to b� construct�d there�nder, shall
in any way affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration, or addition.
This bond is executed and filed to comply with Sec#ion 66499, et seq., of the California
Go�ernment Code as security for labor performed and materials provided in connection with the
performance of the Impro�ement Agreement and construction of the Public fmprorremenks.
IN WITNESS WHEREOF, we have hereunto set our hands and s�als this 2stn day of
AUqU�t , 20 2� .
{Corporate Seal}
{Corporata Seal)
{Attach Attorney-in-Fact Certi�cate)
Villas�D, LLC
Principal
�
By�� ��
Title
v+r.e �
�e ti �
The Ohio Casualtv Insurance Comvanv
Surety �
By �Gv"�uw �.
Attorney-in-Fact
Tltle Mat#hew S. Cosiello - Attornev in Fact
The rate of premium on this bond is varies per thausand. The total amount of premium
charges is $ Inclucied in PerFormance Bond .
{The abo�e must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agant ar
Re�resentative for service of
process in California, if different
#rom abo�e)
(Tel�phone number of Surety
and Ag�nt or R�pr�sentati�e for
service of �rocess in California}
The Ohio Casualty Insurance Companv
175 Berkley St.
Boston. MA 02116
CT Corporation 5ystem
818 West 7th Street
Los Anqelss. CA 900_17
800-763-9268/760-360-0700
72504 00001134593489 l
Notary Acknowledgment
A notary public or other o�cer compfeting this certificate
�erifies anly the identity of the indivEdual who signed the
docurrteni to which this certificate is attached, and not the
truthfulness, accuracy, or �alidiiy af that dacument.
STATE OF CALIFORNIA
COU NTY OF � t l r5 r�
On g�Z�p , 20� �, before me, �
appeared ) S. �f2 ii O
� vc�r
, Notary Public, personally
, who proved to me on the basis of satisfactory
e�idence to be the person{s) whose name(s) islare subscribed to the within instrument and acknowledged ko
me that helsfi�elthey executed the same in hislherltheir authQrized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
#he instrument.
� certify under PENALTY OF PERJURY under the laws of the State of Cafiforr�ia that the foregoing paragraph
is tr
4,��fs LINDAROCFEA W�7 S hand a fficial seal.
�• ' Natary Puhli[ • California z
Y
� ` = Riversi�e Counry F •
� ° Cammission � 2310332 - /
� '�+• "'� My Comm. Expires Nov 20, 2023 � `j /�,r , /',//� �
� � LId�E �ii �[/t
Signature of Notary Public
OPTIONAL
Though the informatron below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulenf remova! and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
p Individual
� Corporate O�cer
Title{s)
pPartner(s) p l.imited
p General
�] Attorn ey-I n-Fact
❑ Trustee(s)
❑ Guardia�IConservator
❑ Other:
Signer is representing:
3Vame Of Person(s) Or Enlity(ies)
Title or Type of Qocument
Number of Pages
Date of Document
Signer(s) Olher Than Named Abo�e
NOl'E: 1'his acknowledgmenk is ta be completed for the Attorney-in-Fac# for S�rety. The Power-of
Attorney ta local representati�es of the bonding company must also be attached.
72500 00001130543489.1
Acknowledgement
A notary public �r ather officer complet€ng this certi�cate verifies only the identity of the individual whp
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document
Province of Alberta
County of 5#rathcona
On September 14, 2021, befpre me, Lorne Frederick Penner, a Notary Pu�lic, perso�ally appeared
Wilfred Weinkauf, who praved to me on the basi5 of satisfactory evidence to be tf�e persor� whose name
is subscribed to the within instrumer�t and acknowledged to me that he executed the same in his
capacity, and that by his signature on the +nstrument the person, or ti�e entity upon behalf of which the
persan acted, executed the instrument.
I certify under PENALTY OF PERIURY under the laws of the Province of Alberta that the foregoing
paragraph is true and correct.
WTNESS rrty hand and official
�
tORl�[� F, pF,����
Barrisrer, Soticifor, f�otary Puylic 8
�o�mfstioner for OnEhs in cnd fer Alberta
�Y tos��issian �{ever Expires.
_• Liberty
Mutual.
SURETY
This Power of Attomey limfts the acts oi those named here[n, and they have no authoriiy to
b?nd tha Company except in the manner and to lhe extent herein stated.
Liberty Mutuaf Insurance Company
The Ohio Casualty Insurance Company
West American I nsurar�ce Campany
POWER OF ATTORNEY
Certif�cate IVo: 8Z05922-972035
KI�OWN ALL PER50kS BY THESE PRESENTS: fiat The Ohio Casualty Insurance Campany �s a carporalion duly organized under Ihe laws of the State of New Hampshire, thal
Liberly Mutual Insurance Company is a corporatian dufy organized under the laws af the State of Massachusetls, and West American Insurance Company is a corporatian duly arganized
under the laws of the SEala of lndiana (harein cof3ectiveiy ca1led Ihe'Companies'j, pursuanl fo and by authprity herein set fodh, does herehy name, consUtute and appoint, Diane M.
Nielsen; Evlatthew S. Castello; Sal C. Sando�al
a!I of the diy of Palm Desert stafe af CA each individually if ihere be more �tan one named, ils trua and law[ul atiomey-in-fact lo make,
execute, seal, adcnowledge and deliver, for and on its 6ehalf as surety and as ifs e� and deed, any and aN undertakings, bonds, reoogn¢ances and olher surely abligations, in pursuance
of these presenls and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secrelary of 1he Companies in Iheir own proper
persans.
IiJ WITNESS Wli£REOF, this Power of Aitorney has been suhscn�ed 6y an aulharized oficer or affioal of the Companies and ihe corparate seals o( t�e Companies have heen affixed
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tfiereto Ihis 9th _ day of
7uky , 2021 .
�, INSU� �,ZY 1NSV � 1N8U�
j 3°�u���o �i� � 3°���r��� � 3°����b' �fi
� 7972 � 9919 � 1991 �
Liberiy MuWaE Insurance Company
The Qhio Casually Ins�rance Campany
West American Insurance Campany
rs ,�aa ° s� r�o < o ui�
rd'��+O�eNu*�� a s� k,� � Y,� ��'DIAN�' �a � � �
e�T ,r �,� �Hl * �� �M * ti� BY' � �� �
David M. Carey, Assistant 5ecretary �' �
State of PENNSYLVANIA ss �� �
County o( MONTGdMERY o �
On this 9th day o( July , 2021 befora me persona'ly appeared Oavid M. Carey, who ac&nawledged himself io be the Assishant 5ecretary of Liherfy Mulual Insurance U p
Company, The Ohio Casualty Company, and Wesl American Insurance Company, a�d t�al he, as suc�h, being auiharized sa to do, execule the {oregdnn E�strument for the purposes �—
therein oonlair ed by signing on 6eha[( af the corporatlons hy himseff as a duly authorized a�icer. 7�
IN WITNESS WHEREOF, I have itereunto su6scri6ed my name and affixed my notarial seal at King of Prussia, Pannsylvania, on the day and year firsl above written. Q�
yp pAST d=
�_�AON W F( C�Pmveltlh pI Ppv�{y1vMf�' Na1a�y S�p1 ?`
�i{��4pT' �5 9 TN!!E PiS�R� NOUIy R16fIC � N� W
OF �m
MY oornrc�art aRp4es Ma�fi 26, 2025 $y; �} �,�f� � G�i
���parp �,���, teresa Pastella, kotary Puhlic Q o
'��' p"` o v
This Power of Attorney is made and execuled pursuant la and by authority ai Ihe following By-laws and Authorizations of The Ohio Cas�alty Insurance Company, Liperty Mutual 3 a�,o
Insuraoce Campany, and Wesl American Insurance Company which resalutions are now in iull force and effecl reading as #ollows: � M
ARTICLE IV—OFFICERS: Section 12. Power of Atfomey. �
Any officer or other offiaal of ihe Corporation authorized (ar that purpose in writ�ng by the Chairman or the Presidenl, and su6ject to such limila6on as the Chairtnan ar tha � �—
President may prescribe, shal3 appant such aitomeys-in-fact, as may be necessary lo act in hehalf of ihe Capora6on fo make, execute, seal, acknowledge and deliver as surety ��
any and a11 urtdertakings, bonds, reoognizances and ather surety obligaUons. Such attomeys-in-fact suhject to the limitabvns set (arth in lheir respective powers af atiomey, shall v �
have fulE power to hind U�e Corporetlon by theEr signature and e�cecuGon pf any such insWments and lo attad7 fhereto the seal of the Cor;wration, When sv axecuted, such o m
instrumenfs shall be as binding as i( signed by the PresidenE and attesfed to by the SecreWry. Any power w a�lharity granted to any represenWtive or attomeyin-fact under lhe ��
provisions of this artide may be revoked at any time by the Baard, Ihe Chairman, the President or by t�e o(ficer ar officers granting such pawer or authority. � Q
ARTICLE XIII — Execulion of Contracls: Secfion 5. Surely Bonds and kJndertakings.
Any afficer o{ the Company aulharized {or thal purpose in wri4ng 6y the chairman or the president, and su6jecl to such limitations as the chairman or the president may presaibe,
shall appanl such ariomeys-in-facl, as may be necessary lo act in behalf o( the Campany to make, execute, seal, acknowiedge and deliver as suretyr any and all undedakings, —
bonds, recognizances and other surety ohligations. Such aftomays-in-facl su6jed to ihe limilatians set faih in their respec4ve powers of altomey, shaH have (ull power to 6ind khe
Company by their signalure and execution af any such insWmenLs and to attach therela the seal o{ the Company. When so execuEed such insGuments shalE be as binding as if
signed by the presidenl and attested by ihe seaebry.
Certificate of �esfgnalion — The Presidani of the Company, acting pursuant to Ihe Bylaws of the Campany, aulhorizes �avid M. Carey, Assishant Secretary to appoini such altameys-in-
(act as may be necessary to act on 6ehalf af the Company lo make, execule, seal, edcnowledge and deliver as surety any and a11 undarfakings, bonds, recogn¢ances and alher surety
obligations.
Authvrization — By unanimous oonser�t ot ihe Compan}�s Board of Direc#ors,lhe Company cr�onsents that iacsimile or mechanically repraduced signature of any assislanl seaelary of the
Campany, wherever appearing upon a certified copy of any pawer of attomey issued hy fha Campany in cvnnection with surety bonds, shall be valid and binding upon the Company with
Ihe same farce and eftect as though manually aff�xed.
I, Renee C. Llewellyn, the undersigned, Assistanf Secretary, The Ohio Casualiy Insurance Company, Liberiy Mulual Insurance Company, and West American Insurance Campany do
hereby certify that the original power of adomey of which the ioregoing is a full, true and correcl copy of the Power of Attorney executed by said Companies, is in (ull farce and affecl and
has not been revolsed.
IN TESTIMONY WHEREOF, I have hereunlo set my hand and aEfixed the seals of said Companies Ihis 26th day of August , 2021 .
INSU �(Y IN3�j 1NSU
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YdV1��ACN��a� y° �'x,,,,��+a� �r,���raur��s gy � Renee C. Llswellyn, Assistant Seael,ary
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Bond #39K006945
Premium $i08.00
SUBDIVISION IMPROVEMENT AGREEMENT
SURVEY MONUMENTS BOND
KNOW ALI� P�RSONS BY THESE PRESENTS:
THAT WH�REAS, the City of Palm Desert, California {"City") and
VillasPD, LLC {"Principal"), ha�e
executed an agreement for work consisting of, but nat limited to, the furnishing all labor, materials,
tools, equiprr�ent, services, and incidentals for the setting of survey monumentation as shown in
ParcellTract Map No. 3�2ao , which is nat to be campleted prior to the recording of
the final map or parcel map;
WHEREAS, t�e survey monumentation ta be perFormed by Principal is more particufarly
set forth in that certain Subdi�ision fmpra�ement Agreement dated June 21 ,
20?j, {"�rnpro�ement Agreement");
WHEREAS, the Impro�ement Agreem�nt is hereby referred to and incorporated herein by
reference; and
WHEREAS, Principal is required by the Impro�ement Agree�nent to provide a good and
sufficient bond to insure the setting of the monuments as required therein and payment to the
Engineer or Surveyor who sets such monuments thereu�der.
NOW, THEREFORE, PrinCipal and ihe Ohio Casualty Insura�ce Company ("Surety"}, a
carparation organized and existing under the laws of the State of New Hamnshire ,
and duly authorized to transact business under the laws of the State of California, ara held and
firmly bound unto City in the sum of
Se�en Thousand Two H����jrpd Dallars and 00I1(]� ($ 7.200.00 �, said SUt11
being not less than one hundred percent {100%} of the totai cost of the setting of monuments as
set forth ir� the Improvement Agreement and payment due to the Engineer or Surveyor for setting
such monuments, we bi�d oursel�es, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THlS OBL[GATION is such that if Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly �Ceep and perform the co�enants, conditions, agreements, guarantees, and
warranties for the setting of survey monumentation in the Improvement Agreement and any
alteration thereof made as therein pro�ided, to be kept and perfo�med at the time and En the
manner therein specified and in all respects according to their intent and meaning, and to
indemnify and save harmless City, its officers, employees, and agents, as stipulated in the
Impro�ement Agreement, then this obligatiar� shall become null and void; otherwise it shall be
and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified
therefor, #here shall b� included costs and reasanable expenses and #ees, including reasonable
attorney's fees, incurrsd by City in s�ccessf�lly enforcing such obligation, all to be taxecf as costs
and included in any jtadgment rendered.
5urety, for r►alue recei�ed, hereby stipuiates and agre�s that no change, extension of time,
alieration, or addition io the terms of the Improvement Agreement, or to any plans, profiles, and
72500.00001130593489 1
�
specifications related thereto, or to ihe public Impro�ements to be constructed thereunder, shall
in any way affect its obligations on t�is bond, and it daes h�reby wai�e notice of any such change,
extension of time, alteration, or addition.
This bond is executed and fled to comply with Section 66496 of the California Go�ernment
Code as security for instapation and payment of survey monumentation as set forth in the
Impro�ement Agreement.
IN WiTNESS WHEREOF, we have hereunto sei our hands and seals this 2stn day of
August , 20 21 ,
(Corporate Seal)
Title �" Y-� � S : �p ►� �'"
(Corpor�#e Seal)
(Attach Attarney-in-Fact Cartificate)
VillasPD, LLC
Principal
sy �v, �.,��
The Ohio Casuarty Insurance Campany
Surety
By ✓yc�b� S �.�
Attorney-in-Fact
TitIB Matthew S. Costello - Attorney in FacE
The rate of premium on this bond is varies per thousand. The total amount of pre�nium
ch�rges is $ �os.00 ,
(The abo�e must be fiEled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Narne and Address of Surety) The Ohio Casuaity Insurance Company
175 Berklev St.
Bosto�, MA 02116
(Name and Address of Agent or cY �orn�rat;on system
Representati�e for service of R1R Wpst 7th STrPet
process in California, if different �os Anae�es, c,4 soo�7
#rom above)
(Telephone number of Surety
and Agent or Representative for
ser►►ice of process in California)
800-763-9268/760-360-4700
72500.0400 I 130593489. l
Nofary Acknowledgment
A notary public or ather officer campleting this certificate
�erifies only the, identity of the indi�idual who signed the
Bocument to wh�ch this certificate is attached, and not tf�e
truthfulness, accuracy, or �alidity of that dacument.
STATE OF CAL ORN1A
COUNTY OF
On 'f" ��P . 20�, before me, 1..1 nUGI. I'l OC�V�Lt , Notary Public, personally
appeare t` �-�'�'�n�) �• W�` '�� � 1l'� , who pro�ed to me on the basis of satisfactory
e�idence to be the perso�t(s) whose �ame(s) islare subscribed to the within instrum�nt and acknowledged to
me that helshelthey executed the same in hislherltheir auti�orized capacity(ies), and that by hislherltheir
sigr�ature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJ�JRY under the laws of the State of California that the foregoing paragraph
is tru n c r e.
��?�„ ilN�A ROCHA
; �� �� Notary Puhlic • Californla = W� E y hand and fflC' I seal.
` = = Riverside Coanty � �` /
�z = � �` ` Commission � 231Q332 [ /
•'i:. •�`' rAy Comm. Expires Nov 20, 2023 1 ��y �'1'V" �
Signature ot Notary Public 1
OPTIONAL
Though the information below is noi required by law, it may prove valuable to perso�s relying on the dacument
and could prevent fravdule�t remova! and reattachment of thrs %rm to another documenf.
CAPACITY CLAIMED BY SIGN�R DESCRIPTION OF ATTACHED DOCUMENT
p Individual
�] Corporate Officer
TIIIE(5)
p F'artner(s) � Limited
p General
[] Attorn ey-I n-Fact
❑ Trustee(s)
❑ GuardianlConserrrator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
N�mher of Pages
Date of Document
Signer(s) Other Than IVamed Above
NOTE This acknowledgment is to be completed for #he Attorney-in-Fact for Surety. The Power-of
Attorney to local representatives of the bonding company must also be attached.
7250fl.fl0041130543489. l
�
�� �,iberty
�'Vlutual..
SUR�iY
Th[s Power af Attomey limits the acts oi those named herein, and they have na authority #o
hind ihe Company excepi in fhe manner and to the e�dent hereln stated.
Liberty Mutua� Insurance Company
7he Ohio Gasualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
CerfiScate No: 8205922-972035
KNOW�V AI.L P�RSONS BY iHESE PRESENTS: Thal The Ohio Casualiy Insurance Campa�y is a carporation duly organized under Ihe laws of the S1aie oi New Hampshire, ihat
Liberty �lutua! Insurance Campany is a oorporation duly organized under ihe laws o( the State o{ Massacf�usefts, and West American Insurance Company is a caparaSvn duly organized
under lhe laws of the Stafe of Indiana (herein callectively pE�ed ihe'Campanies'}, p�rsuant Eo and by autharity herein set forth, does hereby name, canstihite and appoint, Diane Nk.
Niclsen;lv(atthew 5. Costello; Sal C. Sandoval
all af the dty af Palm Dasert stafe of CA each indiv�dually i( there be more lhan vne named, its 6ue and fawful atiomey-in-(ect to make,
execufe, seaf, acknawledge and del9ver, for and on its behalf as surety and as ils acl and deed, any and a11 undertakings, honds, reoognizances and olher surely obligatlons, in pursuanoe
o( ihese presents and shall be as binding opon ihe Campanies as if ihey hava been duly signed 6y the presidenl and ettestad by ihe secretary of ihe Companies in their awn proper
persons.
IN WiTN�SS WHEREOF, t�is Power of Aiiamey has been subscri6ed by an autharized ot�cer ar of5aal of the Campanies and the cwporate seals of the Companies have heen a�fixed
thereto this 9th day of July , 202I
�J�'� it,� �'Y J�oR*IaetG'�, Ci�o�'��U�1�
� 3 r°� �tn ��'` r� �" w 3` ��o �ie
Liberty Mutual Insurance Company
�e Ohio CasualEy Insurance Company
West American Insurance Company
N r; 197 � o o y 1919 � 0 4 1999 a n�� rri �
� ��' y��c�n+s a �p �'H�re� � Y �houN�' D� ' '� U
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c�
David M. Carey, Ass�slant Seaetary a�
� � State of PENNSYLVANIA •� �
N� Couniy of NfONTGOMERY 5$ � o�,
� a On this 9th day o( July „ 2021 before me personally appeared David M. Carey, wiia acknawledged himse{# la be ihe Assisfanl Secretarynf Liberly Mufual Insurance ��
� �n Company, The Ohia Casualty Company, and West American lnsurance Company, and that he, as sucf�, being audtorized so to da, execuie t�e (oregan� insb'ume�tl for the p�srposes ��
�� there3n wntained by signing on behalf of the corporatians by himself as a duly authorized officer. ��
�� IN WITNESS WHEREOF, I have hereunW suhspibed my name and affixed my notarial seal at King af Prussia, Pen�sylvania, on the day and year frrst above wrilten. �
a0
� o �Q,�g�onw SrF(� C,omrtwmxeal� of Pennsylranla -Notary Seal -�
o �la Tuesa Pastdla. Nolsry Pu6ic � �� tU
Q� F. G OF S �� q� �� �
++ MYmmn�slo^ n�hTs Mard� 2& � �yf; �� � A V � tl�I
� � ��u� �u�u e� `d?A�o� �or�s Teresa Pastella, Notary Public ¢ �`o
� � A� � o N
� a: This Pawer of Aitomey is made and executed pursuant to and by authaiiy ot ihe (ollawing By-laws and Autharizatians of The Ohio Casualty Insurance Company, Liberty Mutuaf 3�
o•� Insuranca Compaoy, and West American Insurance Company which resdutions are nwv in full force and effect reading as follows: a M
��? ARTICLE lV - OFFICERS: Seclion 12. Power af Aitamey. Q o
Q� Any a{ficer or other oifidal of the Corpaation authorized for ihal purpase in wri6ng by Ihe Chairman or the President, and subject to such 19mita5on as ihe Chairman or the a�
.� C Presidenl may prescribe, shall appoinf such aHomeys-in-fact, as may 6a nacassary fo act in behalf of the Corparation to make, execute, seal, acknowledge and deliver as surety �—
�� any and all undertakings, honds, recognizances and other surety ohligations. Such attomeys-in-fact, subjacl to the limitatians set farih in iheir respective pawers of altomey, shal� ��
� have Eull power la bind the CorporaSon by fheir sig�atr�re and execu6on of any such ins6uments and to attach lherefo t�e seal of the Corporaaon. When so execuEed, such o m
Z � instrumenls shall be as hinding as if signed by Iha ?resident and attesled lo by the Secrelary. Any power or authority granted to any representaGve or attomey� i� fact under t�e � m
provisions of this arfide may be revoked at any fime by ihe Board, the Chairman, ihe President or by the n�icer or officers granting such power or aulhority. ���
ARTICLE XiEI -- Execution o( Conkacts: Section 5. Sureiy Bonds and Undertakings.
My officer of the Company auihorized for ihaf purpose in writing by Ihe chairman a iha presideni, and subject fo sach limilatians as the chairman w the president r�ay prescrihe,
shall appant such attomeys-io-facf, as may be necessary to act in behalf of the Campany to roake, execute, seal, adcnowledge and deliver as sure�y any end all underta[dngs, �
bonds, recagniza�ces and ather surety ohliga6ons. Such attomeys-in-(act subject fo tha fimitations se! fo�th in their respective powers af altomey, shall have fu: power tv bind the
Company by their signature and exetuUan of any such instruments and to alfach therelo 1he seal ot IMe Campany. UVhen so sxecuted such instruments sha� 6e as hinding as �i
signed 6y fhe president and altested by the seaetary.
Cer�ficate of Deslgnafion - The President of the Campany, acting pursuanl fo the ByEaws of the Company, authorizes Dariid M. Carey, Assistant Secretary to a�po'nt such attameys �n
fact as may he necessary tv act an behalf of the Campany lo make, execute, seal, acknowledge and deliver as surety any and all undartakings, 6ond5, recognizances and ot�er suFe[y
ahligatians,
Authorizatton - By unanimous oonsent of the Cvmpanys Board af pireciors, the Company consents thai (acsimile or mechanicaly reproduced signature af any assislant secretary of t�e
Company, wherever appearing upon a certified copy of any power of aftomey issued 6y Ihe Company in oonnection with surety bonds, shall be valid and tr`nding upon the Company with
t�e same force and effect as thaugh manually a�ixed.
f, Renee C. llewellyn, the undersigned, Assistant Se�xetary, The Ohio Cesualty Insurance Compa�y, Liberiy Mfutua! Insurance Company, and West American Insurance Company do
hereby certify Ihat the original power o( aUomey o(which the faregoing 'ts a full, Uue and correct copy of the Power o( Attomey execuled hy said Campanies. is in {�II face and eEiect and
has not been revo&ed.
IN TESiiMQNY WHER�OF, I have hereunlo set my hand and aEfixed the seals af said Companies this 26th day of August ,_2021 .
Ja" n.ou -W J��Y o+y&4,, � uou�y
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� 7992 � i919 � �'1999 � �.�
Y�� � � y e"' d 4 $ BY: ..
d��,8"�u��a a� y,��ps�`�� Ys� �'O,�"''�yaa Ren e C. Llewellyn, Assistant Seaetary
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LMS-72&73 LMIC OCIC WAIC Mulil Co 02f2i
Acknowledgement
A notary public ar other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document
Province of Alberta
County of Strathcona
On September 14, 2021, before me, Lorne Frederick Penner, a f�otary Public, personally appeared
Wilfred Weir�kauf, who proved to me on the basis of satisfactory evidence to he the person whose name
is subscribed to the wi#hin instrument ar�d acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed tf�e instrument.
I certify under PENALTY OF PERJURY under the laws of the Province of Alberta that the foregoing
paragraph is true and correct.
WTNESS my hand and
Signature
LORNE F p���;�;�
Barrisler, Solicibr, NoSpry Pui�(�c g
Commissioner #or Oaths in nnd for Afber#�
My tammissian t�erer �xp�res.
GRADING ONLY AGREEMENT
DATE OF AGREEMENT: �une 21
20 21
NAME OF OWNERIDEVELOPER VillasPD LLC
(referred to as "GRADER")
PROPERTY (MAP AND PARCEL NO.): �7240 637-190-0024 No. of Lots: 32
(referred to as "PROPERTY")
GRAD�NG PLANS APPROVED ON: 11/12/2019
(referred to as "GRADlNG PLANS")
ESTIMATED TOTAL COST OF GRADING:$ 238,070
SURETY: To be determined
BOND NOS:
SURETY: The Ohio Casualty knsurance Company
-O R-
IRREV�CABLE STAND-BY LETTER �F CREDlT NO.
I�[►/�L[y1_1�1►1�'��tr���[�7►A
-OR-
CASHICERTIFICATE �F DEP�SIT, AGREEMENT DATED:
FINANCIAL INSTITUTION:
This Agreement is made and entered into by and between the City of Palm �esert, a
municipal corpora#ian of the State of California, hereinafter referred ta as "CITY", and the
GRADER.
-i-
REC�TALS
A. In consideration of the approval of the Gradmg Plans for the PROPERTY by
tk�e City Council, GRADER desires to enter into this Agreement, whereby GRADER
promises to complete, at GRADER's owr� 2xpense, a!1 th2 grading worlc required by ClTY in
connection wjth ti�e proposed PROPERTY. GRADER has secured this Agreement by
grading security required by the C�ty and approved by the City Attarney.
B. GRADING PLANS for the grading of the PROPERTY have been prepared by
GRADER and approved by the City Engineer. Th� GRADlNG PLANS numbered as
referenced previously in this Agreement are or� file in the Office of the City Engineer and
are incorporated into t�is Agreement by this reference. All references in this Ag�eement to
the GRADING PLANS shall include reference to any specifications for the impro�ements
as appraved �y #he City Engineer.
C. An estimate of the cost for grading and pertormi�g land dev�lapment work in
connection with the grading accordir�g to tl�e GRADING PLANS has been made and has
been approved by the City Engineer. The estimated amount is stated on Page 1 of this
Agr�emer�t. The basis for the estimate is attached as Exhibit "A" to this Agreement.
D. CITY has adopted standards for the grading of property within the CITY. The
GRADiNG PLANS have been prepared in conformance with CfTY standards in effect on
the date of the approval.
E. GP.AQER recognizes that ClTY and adjace�t properties may be damaged by
GRADER's failure to pe�form its obligations to comp�et� appraved grading by the time
established in this Agreement. CITY shall be entit�ed to ali remedies availabie to it
pursuant to this Agreemer�t and law in the eveni of a default by GRADER.
w�_
NOW, THEREFORE, in consideratian of the a�provaE by the City of the GRADING
PLANS, GaAaER and C1TY agree as follows:
(1) GRADER's Obliaakion to Comnlete Gradina.
GRADER sha!!:
(a) Complete at GRADER's own expense, ali the grading required by the
Approvai in conformance with approved GRADiNG P�ANS within ar�e year from date af
execution of this Agreement; provided however, that the grading shall not be deemed to be
completed unti! approved by City Engineer as provided in Section 4 hereir�.
(2} Securit�
GRADER shafl at ali times guarantee GRADER's per#ormance by furnRshing to
CITY, and maintaining, good and sufficient security as required by the CITY on forms
approv�d by ClTY for the purposes and in the amounts as fo!lo:vs:
(a) to assure faithfu! pertormance of this Agreement in regard to said
grading in an amount of 25% of the estimated cos# of the grading.
The securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents refErenced on page 1 of this Agreement are
incorporated into this Agreement by this reference. If any security is replaced by another
approved security, the repfacement shall: 1) comply wit� alf the requirements far security in
this Agreement; 2) be provided to the City Engineer to be �led with the City Clerk and,
e�pon filing, 3) shai! be deemed to have been mads a part of a�d incorporated i�to this
Agreement. Upon provision of a replacement securi#y with t#�e City Engine�r and filing of a
repfacement security with the City Ckerk, the former security may be reieased.
_��
(3} A�terations to GRADING PLAN5.
(aj Any c#�anges, aiterations or additions to the GRADfNG PLANS not
exceeding ten percent (10%) af the original estimated cast of the improvements, which are
mutua!!y agreed upon by ClTY and GRADER, shal! not relieve the improvEm�nt security
given for faithful pertormance of this Agreemen#. In the event such changes, alterations, or
additio�s exceed 10% of the originai estimated cost of the improvemer�t, GRADER sha�l
provide grading security for faithful pertormance as required by Sectio� (3} of t�is
Agre�ment for twe�ty��five perc�ni (25°/a) of th� to#a1 estim�ted cost oi the grading as
changed, alt�red, or amended, minus ar�y compfet�d partial releases aliowed by Section
(6) of this Agreement.
{b) The GRADER shall complete the grading in accordance with CITY
standards in effect at the time of approva! of GRADING PLANS. ClTY reserves the right to
modify the standards applicable to the PROPERTY and this Agreement, when necessary
to protect the public safety or weffare or comply with appi�cabfe state orfederal �aw or CITY
zoning ordinances. ff GRADER requests a�d is granted an extension of time for
c,ampletion of the grading, ClTY may apply the standards in �ffect at th� time of the
extension.
�4) Inspectian. GRADER shaii at aii times maintair� proper facilities and safe
access for inspection of the grading by CITY ins�ectors. Upon completion o� the work,
GRADER may request a�inal inspection by the City Engine�r, or the City Er�ginee�'s
authorized representative. If the City Engineer, or the designated r�presentative,
determir�es that the work has be�n completed in accordance with this Agreement, then the
City Engineer shall certify the completion of the gradir�g. When applicable law requires an
ir�spection to be made by City at a particul�r stage of the grading, ClTY sha!! be giver�
��
timely r�otice of GRADER's readiness #or suc#� inspectian ar�d GRADER shal! not proceed
with additional work untif the inspectEon has been made and the work approved. GRADER
shalE bear a!I costs of inspection and certification.
(5) Release of Securities. The securities required by this Agreement shall be
released as followir�g:
(a) Security given for faithfuf pertormance of any act, obligatian, work or
agreement shall be released upon the final completion and appraved of the act or wark.
(6) Iniury to Public lm�rovements. Public Pro��rtv or Pu�lic Utilities Facilities.
GRADER shafl replace or repair or have replac.�d or r�paired, as the case may be, al�
pubfic improvements, pubifc utilities �acilities and surveying or property mor�uments which
are destroyed or damaged as a result of any work under this Agraement. GRADER sha{I
bear the entire cost of replacement or repairs of any and a!! public or public utility property
damaged or destroyed by reasan of any wnrk done under this Agreement, whet�er such
property is owned by the United States or any agency thereof, or the State of Caiifornia, or
any agency ar �oliticaf subdivisian thereof, or by CITY or any public or private utility
corpora#ion or by any combination of such owners. Any repair or replacement shal! be to
t#�e satisfactior�, and subject to the approval, of the City Engineer.
(7) Permits. GRADER shalf, at GRADER's expense, obtain all r�ecessary
permits and iicenses for the grading, give all necessary no#ices ar�d pay all fees and taxes
required by law.
(8) Default of GRADER.
(aj Default of GRAaER shall include, but not be limited to,
(� ) GRADER's failure to timely commence the grading;
(2) GRADER's failure to timely complet� grading;
-�-
(3) GRADER's failure to timely cure any defect in the grading;
(4) GRADER`s faiiur� ta pe�form substantiaf work for a period of twenty
{20) caler�dar days after commer�cement of the work;
{5) GRADER's insoGvency, appaintment of a receiver, or the filing of
any petition in bar�kruptcy either �oluntary or invol��tary which GRADER iaiis to discharge
within thirty {30} days;
(6) the comm�ncement of a foreGosure action against the PROPERTY
or a portion thereof, or ar�y conveyance in lieu or in avoidance of for�closure; or
(7) GRADER's failure to pertorm any other abiigation under this
Agreement.
(b} CITY reserves co itself all remedies available to it at law or in equity for
br�ach of GRADER's obligations under this Agreemer�t. ClTY sha!! have tt�� right, subject
to this Section, to draw upon or utilize the a�propriate security to mitigate CITY's damages
in event of default by GRADER. The right of CITY to draw upon or utilize the security is
additionak to and not in iieu of any other remedy available to CITY. It is specifically
recognized that the estimated costs and security amounts may not reflect #he actua! cosi of
grading and, therefore, CITY's damages for GRADER's default shall be measured by the
cost of completing the required grading. The sums provided by the securicy may be used
by CITY for the completion of the grading in accordance with the GRADING P�ANS
contained herein.
In the event of GRADER's default under this Agreement, GRADER authorizes CETY
to pertorm such obligation twenty (2a) days after mailing written notice of defauit to
GRADER and to GRADER's surety, and agrees to pay the entire cost of such
pertormance by CITY.
�
CITY may take over the work and pros�cute the same to completion, by contract or
by any other method CfTY may deem ad�isabie, for the account and at the expense of
GRADER, and GRADER's surety shall be [iable to CITY for any excess eost or damages
occasioned ClTY thereby. !n such event, ClTY, without liability for so doing, may take
possession of, and utilize in completing the work, such materials, appliances, plants and
other property befonging ta GRADER as may be an the site ofi the work and necessary for
pertormance of the work.
(c) Failure of GRADER to comply with tt�e terms of this Agreement shal�
constitute consent to the f�ling by CITY o# r�otice of violation against the PROPERTY. The
remedy provided by this su�section {c) is �n addition to and not in lieu of other remedies
available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's
breach sha!! be in the discretion of ClTY.
(d} In the event that GRADER fails to pertorm any o�ligation hereunder,
GRADEF� agrees ta pay all costs and expenses incurred by ClTY in securing pertormance
of such obligations, ir�cluding but not limited to fees and charges of engineers, aitorneys,
other professionals, and court costs.
(e} The failure of C�TY to take an enforcement action with respeck to a
defauit, or to deciare a breach, shall r�ot be construed as a waiver of that default or breach
or any subsequent default or breach of GRADER.
(8) GRADER Not Aaent of ClTY. Neither GRADER nor any of GRADER's
agents, car�tractors or s�bcontractars are or shall be considered to be agents of CITY in
connectior� with the pertormance of GRADER'S obi�gations under this Agreement.
{10} IndemnitvlHold Harmless. ClTY or any officer or employee thereof shall not
be liable for any 9njury to ��rsons or prope�ty occasioned �y reason af the acts or
-7-
omissions of GRADER, its agents, or employees, contractors and subcantractors in the
performance of this Agreement. GRADER further agrees to protect, defend, in�emnify and
hold harmless CITY, its officials, boards and cammissions, and members thereof, agents
and employees from any and a!I Gaims, demands, causes of action, liabikity or lo�s oi any
sort, because of, or arising out of, acts or omissions of GRADER, its agents, employees,
contractors and subcontractors in the p�rformance of this Agreement, exce�t for such
claims, demands, causes of action, liability, or loss arising out of the sola active negligence
oi the CITY, its offic�als, boards, commissrons, the members thereof, agents, an�
employees, inc�uding all claims, demands, causes of action, IiabiiEty, or �oss because of, or
arising out of, in whole or in part, the design or construction of the improvements. This
indemnification and agreement to �old harmless shall extend to injuries to persans and
damages or talcit�g oi prope�ty resulting from the grading of the PRQPERTY, and in
addition, to adjacent property owners. Approval by C ITY of the grading shall nat constitute
an assumption by CITY of any responsibility for any damage or taking covered by this
Section. CITY shall not be responsible far the performance of grading, regardless of any
negligent action or inaction taken by CITY in approving the plans, uI�IG55 tiiE �3�f'fICUI�f
design was specifically required by CiTY over written abjection by GRADER submitted to
the City Engineer before approvai of the particufar gradir�g design, which ob�ection
indicated that the particular grading design was dangerous or defective and suggested an
alternative safe and feasible design.
GRADER shall reimburse CITY far all costs and expenses (including but not limited
to fees and charges of architects, engir�eers, attorneys, and other professianals, an� court
costs} ir�curred by CITY in enforcing the provisians of this Section.
_g_
(11) Personal Nature of GRADER'S Obliaations. All of GRADER's obligations
under this agreement are and shail remain the personal obligations of GRADER
�otwithstanding a transf�r of all or any part of the property subject io this Agreement, and
GRADER shal! not be e�titled to assign its obligations und�r this Agreement to any
transferee of all or any part of the �roperty within the PROPERTY or to any other third
party without the express written consent of CITY.
(12) Sale or Disposition of PROPERTY. GRADER may request a novation ofthis
Agreement and a s�bstitu#ion of sec�trity. Upon approva! of the novation and substitutian
of securities, the GRADER may request a release or reduction of the securities required by
th�s Agreement. Nothing in the novation shaff refieve the GRADER ofthe obiigations under
Section (18) for the work or improvement do�e by GRADER.
(13) Time of the Ess�nc�. Time is of the essence in the pertormance of this
Agr�ement.
{14) Time for Commencement of Work: Time Extensions. GR�DER shail
commence substantial grading required by this Agreement not later than six (6) months
afte� the date of this Agreemen#. In the event good cause exists as determined by the City
Engineer, the time �or commencement of grading hereunder may be extended for a period
or periods not exceeding a totai of two (2) additiona{ years. The extension shalf be
executed in writing by the City Engineer. Any such extensi�n may be granted without
notir.e to GRADER's surety and shal! noi affect the validity of this Agreement or release the
surety or sureties an any security given for this Agreement. The City Engineer shall be the
soie and final judge as to whether or not good cause has been sY�own to entiile GRADER
to an extension. D�lay, other than delay ir� the commencement af wark, resulting f�om an
act of CITY, act of God, or by storm or inclement we�ther, strik�s, boycotts or similar
_�_
political actians which prevents the conducting of work, which GRADER could not have
reasonabiy foreseen and, furthermore, were not caused by or contributed to by GRADER,
shall constitute good caus� far and �xtensian of the time for completion. As a condition of
such extension, the City Engineer may require GRADER to f�rnish r��w security
guaranteeing p�rformance of this Agreement as extended in an increased amount as
necessary to compensate for any increase in construction costs as determined by the City
Engineer.
(15) No Vestin� of Riahts. Performance by GRADER of this Agreement shal! not
be construed io �est GRADER's rights with respect to any change ir� any zoning or build�ng
kaw or ord�nanc�.
(16) Notices. All notices required or provided for under this Agreement shal� be in
writing and delivered in person or s�r�t by mail, postage prepaid and addressed as
provid�d in this Section. Notice shall be effective an the date it is delivered in person, or, if
maifed, on tF�e date of depos�# in the United States mail. Notices shali be ad�ressed as
follows unless a writt�n change of address is filed with the City:
-�o-
Na�«� ro c�TY:
Notice to GRADER:
Notice to SURETY:
City of Palm Desert
73-510 Fred Waring Drive
Paim �7esert, California 92260
Attn: Public Works Director
VillasPD LLC
7720U Caiifornia Drive
Palm Desert, CA 92211
Th� Ohio Casualty lnsurance CO
175 Berkley St
Bostor�, MA 02216
(17) Compliance With Laws. GRADER, its agents, employees, contractors and
subcontractors shall comply with all federal, state and local laws in the pertarmance of the
grading required by this �greemeni.
(18) Severabilitv. The provisions of this Agreement are severable. If any portion
ai this Agreement is l�eld invalid by a court of compete�t jurisdiction, the remainder of the
agreement shal� remain in full force and effect unl�ss amended ar modified by the mutual
consent ofi t#�e par�ies.
(19} Caqtions. The captions of this Agreement are for convenience and reference
only a�d shall r�ot defir�e, expiain, madify, limit, exemplify, or aid in the interpretation,
construction ar meaning of any provisions of this Agreement.
(2�) Litiqation or A�bitration. fn the event that suit or arbitration is brought to
e�force the terms af thEs A�reement, the prevailing party shall be entitled to litigation costs
and reasonable attornEys' fees.
i�
fl
{21) Incarporation of Recitals. 1"he recitals to this Agreement are hereby
incorporated into in the terms of this Agreemer�t.
{22) Entire Apreement. This Agresment constitutes the �ntire agreem�nt of the
parties with respect to the subject matter. AI! modificatior�s, amendments, orwaivers oi #he
terms of this Agr�em�nt must be in writing and sign�d by the appropriate representatives
ofi the parties.
{23) Interpretation. This Agreemer�t shall be interpreted in accordance with the
laws of the State of Caliiarnia.
{24) Jurisdiction. Jurisdiction of all disputes over the terms o� t�is Agreement
shafi be in the County of Riverside, State of Caiifornia.
��-
IN WITNESS WHEREOF, ti�is Agreement is executed by the parties as of the date
hereinabove first written; by CiTY, by and through its Mayor.
��,✓ ��n.,NL�_ C�TY 4F PALlVI DESERT
Vi11asPD LLC
GRADER
r.... BY �
TODD HI�EMAN, CITY MANAGER
GRADER
(Proper Notarization of
GRADER's signature is
required and shall be attached}
ATTEST:
GRACE L. ROCHA, ACTlNG C4TY
CLERK
APPROVED AS TO FORM:
ROBERT W. HARGREAVES, CITYATTORNEY
-��-
ACKNOWLEDGEMENT
A notary public or other officer completing #his certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of Ca�ifornia }
} ss.
��u��y at e�r� }
. �.
On ��� � , 20 , be or me, �i���`" , a Notary
Public, personally appeared , who
proved to me on the basis oi sat�sfactary evidence to be the person{s) whase name(s)
islare subscribed to the within instrument and acfcnowledged to me that helshelthey
executed the same in hislherltheir auth�rized capacity(ies}, and that �y hislherltheir
signature(s} on the instrument the person(s), or the entity upon behalf of whic� the
person(s} acted, executed the instrument.
I certify under PENALTY �� PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
�
Signature UI����i
D
DGJINA !(AYE T�DDD
Notary PubAt - CeIHorMa
� ; Rivenl6e Cou�r �
� Commissian I 2]06�51
M�y Co�m, f�cpires Oct 10, 2023 �
,
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C/Ty QF
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Paratic�n, �n#�ty E� BY Tk�SE
9`e�d��, �nd n�m � or ot�e�ise �� P�E'�F�TS; �,
�ber ' mea hat
,
n�med �,� ���Q � �reir���er r�ferr� �n line 2 ab�� th� per��n, �,rm
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a ,� e
�alif�rni� �nd pre ��'�, a corPorati4 tp �S �`R�N��P� with�Ut r�9'ard t
�°d� to do b 5�n��' �ds��Sse n�Ut�orize� to � l, and th� �Q�por �
h���of, h� , usin��� �rnder �e d of aU�oritY �r�d Q'��'s�n�s� �n tnQ at�nn
rein� ft�r ctic�n� s er Tit/e 6 State of
�rm�y b�Una unto referr�pr tc� a� � t� 13 ther,�a� �n # �f t�� Uniteq gtat
'�alifami th REry.
he a9�,re es
� her��na e���' af Palrn ���� ' are ,iair,t�y �� 9ate a,�aunts
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abay�, far �h fter r�ferr�d to � �� � mun���pal Co ���er,�l/y ��,��
A�R���ENl � fa�th f�� ��rt.ar s e�T y�n th� s �ora#io� ,��. �h� �t �nd
�En� � ab�� b��t''een pR�NC�p ma��� °f that um ��ntin���, �n a�e af
rule�, �n er �S ��9uire� b A� �nd C/Ty r� ��a�� �R���� li�� �
Y tf�� 9ard� G�N� Y
r�9'ulatian�, fQr #h� pr�visio� af �M� �� th� p�"��er�Y
payment �f�Y �rd� n�m�d ar�
c�f �hi% ��m� �,ell n����� r��olutEc�n
s,
an� t�u�Y to b,� m��
�,
Pl�������` a�d
ex���rtors, $� �URET �' her�b
pre��nts c����°r� an�, as � bi�d fhe��elv�s
r ���ns� loir� an , their heirs nu
tly � ad
�is#�atars
� ��ndition ��, d ���'��'�lly, firrn ,
P�IN��P'�� shall � t�� f°r�9'c�i l� �y th�s
faith fully �errt � n� °bli �
e4ntai��,� �n that � o th� 9'at��n �� sU�
and ��� r�9ar . e�a�n GR���N� �°�'enantS ��nd ���at �f t�� s
dir, caN �t�n„s a�a
,
ayr�,em�nt /� b 9 the pr4�� nam Y,��RE���Nr and ��r��m��
Y tl�is �efe� �� ea � f� ts
b,�
perform�a �n a ���� ' cor n l�/yF �� a �'"�''een pR��C/P�
�°mpli���� � m'�nner �n� fiQ�� Pora��d her��h, o g� 1 h�r��f �'hich `
�mPrpy,,�me �th t'�� spe�i�� • t��rQ�n �p�'�if'�,� n�ts p�,� to b� k S��d
a�� y A nt �� said ��Tr � atrons ��d pe�a� '�nd �h�fl furn��h ept �nd
,� � G/��E��NT t�� hi% �� more Par�f m all th�� �� mat�eri�/ in
Y th�s r� f ' '� #h� o�ili ��n w°rk �nd
erenC� �nc� 9ati,�� �� �Ul�r/y ����ry��a'�
Th� �aia �� rPprated h�����. r� reS�et tQ the f• �a'd �R'����G
,
a�t
n� �h��9e, ��tensi T� for va1u� r�� . hf�� ��'�orm�n��
��l Y,�GREE� �� �f t�m�, alterat�n e�v,�dp h��,��y stiPu
��'�citication� ENT °� to t�� n�r a'��itic�n t� #h lates ���y �9re��
w`ark t� �� � te�- tha#
th�� �`°�d, an ,ac��mpanYin9' t�e
q�t,� sa� p��'arrn� �S af the'�Rap�N
alter ��� ��re�y �,�iv� ���all in d tf�,�r�Uh�Q� pr �
ation or a�, , _ anYw;�
�, p�+ th� s di�io� �� th� ter nat�c� of,�ny SUch �'����t its 4bli9ati the
pe�,itiCation� °�� pn
�y�nt ;t � or �n m� af the Gi�,q�� �ha�9'e, ekte,�s��
sUR eCarn�S �e��$� Y feature or �t�m N� �N�Y q�R n°f tirhe
,
� ET r�h�ll p�y a� fOr C/Ty t� �f p��`orrrfan�� t F���Nr t�,�
C/TYS rea���� brin �er
°n�e�tian therewith b/e 9 ar� a�ti�,n tQ �und�r ln the
• a�prn��� f��s enfc�rC� thi� b�nd
ar,d ��yU ,
� �osts in
IN WlTNESS WHEREOF, PRINCIPAL and SURETY have execut�d this
instrument on the date mentioned on Li�e 4 of Page 1 hereof.
�/ � � r
PRINCIPAL' SIGNATU
jn�,���� ��,#n ��,v�
PRINT NAME
PRINCIPAL'S SIGNATUR�
Pl'71N7 NAME
�r2s i ��e. n'�
7[TLE & COMPANY NAME
APPROVED AS TO FORM:
Villas PD, LLC
TITLE & COMPANY NAME
The Ohia Casualty lnsurance Company
SURETY'S SIGNATURE
��� J•
SURETY'S SIGNATURE
Mat�hew S. Costello - Attorney in Fact
ROBERT W. HARGREAVES, CITY ATTORNEY
(Notaria! acknowledgement of execution by ALL PRINCIPALS and SURETY must be a�tached.)
ACKN4WLEDGEMENT
A notary public or other officer completing this cerkificate ►►erifies only ihe identity of the
indi�idual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Siate of California
Caunty of �p�r�P_
}
} ss.
}
On �4�uS� � b , 20 �� , befare me, �—� +1Q�.Cc �d�1Q, , a
NotaryPu`biic,personallyappeared ��P1(,�1 S, �'_o,S�.il¢ ,
who proved ta me on the basis of satisfactory e�idence to be the p�rsan(s) whase
r�ame(s) is/are subscribed to ihe within instrument and ackr�owledged ta me that
helshe/they executed the same in hislherltheir authorized capacity(ies), and that by
hislherltheir signature(s} on the instrument the person(s}, or the entity upon behalf of
which the person(s} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State af California that the
foregoing paragraph is irue and correct.
WITNESS my hand and afficia� seal.
Sigr�a re �
/
�/ /�
� °� •ti LINpA ROCNA
r* � Notnry Pub�ic - Calitornia =
y
_ ; = Rwerside County �
�% F Commissi�n; 231033Z
'�� "'� My Comm. Expiras Nov 20, 2023 J
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or �alidity
of that document
Province of Alberta
County of Strathcona
On September 14, 2021, before me, Lorne Frederick Penner, a Notary Public, personally appeared
Wilfred Wein[cauf, who proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Province of Alberta that the foregoing
paragrapt� is true and correct.
WTNESS my hand and offi '
Signature �
v
I.O��L� F P��i�R�Et
Berrister, Solicitar, Hotary Public 8
Ca�tmEssia�er ior Ooths io and for AE6erto
My {ommission Hever Expires.
Liberty
1Vlutual.
SUR�TY
7his Power of AEtamey limits the acts af those named herein, and they have no authority to
bind the Campany excepf in the manner and to the extent hereEn stated.
Liberty Mutual Insuranc.� Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTQRNEY
Certificate No: 82p5922-972035
KNOWN ALL p�R50NS BY THESE pRESEIVTS: That The Ohio Casualty Insurance Campany is a carporaEian duly wganized under ihe laws of 1he State of iVew Hampshire, t�at
Liberiy MuWal ansurance Company is a corporaGon duly organized under Ihe laws of fhe State of Massachuseits, and West Ame�can Insurance Company is a carporation duly organized
under the laws of lhe SWte of Indiana (herein collecUvely ca1led the'Companies ;, pursuant to and by aulhority herein set forfh, daes hereby name, canslitute and appoint, lliane M.
Niclsen; Matthew 5. Costello; Sal C. Sandoval
a11 of the aty of Pa1m pcsert state of CA each individually if there he more ihan one named, its hrue and lawful atfomey-in-fact to make,
execule, seal, adcnuwledge and deliver, (or and on its behalf as surety and as its acl and cfeed, any and all underta[angs, bonds, recognizances a�d otfier surety obligations, in pursuanoe
of Ihese presenLs and shall be as binding upan the Campanies as if they have been duly signed by t�e president and atlested by 1he secretary of the Companies in their own proper
parsons.
lN WITNESS WNEREOF, Ihis Power of Attomey has been subsaibed by an authorized officer w offidal o( #he Companies and Ihe oorpvrafa seals of Ihe Companies have been affixed
thereW this 9th day of 7uly , 2021 .
�, 1NSU� t� INSV,p_ -a �NSp
/.J tp�*°�yr�Yp h`� owatfr 7y �U�4�uO�r�?'O
� 3 °b t+� � 3 �� W 3 � fi
Eiherly Mutual Insurance Campany
The Ohio Casualiy Insurance Campany
WestAmerican InsuranceCompany
m rs191�o ��1919�0 4 1991 o y�
� Yd'3y�O4cHus a �� y4�rs`�i� +ld, �kui�M� ,�L� � � � U
c �j� * �t� �y� * 1�� �M * �� By' �� m
�
�avid M. Carey, Ass9stank Seasfary �' �
"" co 5iata of PENNSYI.VMfIA � �
� � Caunty of MON7GOMERY � o �,
�� On Ihis 9th day af 7uly , 2021 betore me personally appeared Da�d N!. Carey, who acknowledged himsel( to be the Assistant 5ecretary of Liberly Mulual Insurance U a�
�� Company, The Ohio Casualty Campany, and West Amarican Insurance Company, and lhal he, as such, being aulhorized so ta do, execute the foregang instnimenl for the purposes ��
a�i �
—�
-o
� �N
o�
�
N p
O �
� �
rn�
��
��
OG
E �;
L y..�
� �
'� c.�'s
� a'�i
��
O L
Z c�i
Iherem cantained by s�gmng o� hehalf of the oorpprahans by hEmself as a duly authonzed officer. �
a
1N WITN@SS WHEREOF, l have hereunto su6scribed my name and a(fixed my notarial seal at IGng o( Prussia, Pe�nsylvania, o� the day and year first above wrillen. 0�
o� �as 0. �
Q�.g ppw r4�( Conumnwe�llh of Pw�sylvenla • Notmy Sea! �
r� o� �[a � %reaa Parie�. Noqry Pub6c � W�N
�• c, � Mkntganery Caunh' �
oF Mp cannYssion e� Mrd� 28, 2D25 gy; �� �� O�
,��� ��y�,'�`,,,� �,�N,r„�, 7eresa Paslella, Notary Public ¢ o
4/�y p1� d '�a'
This Pvwer of Altomey �s made and executed pursuant ta and by authariry of the fd[ow ng By�laws and Authorizations o( The Ohia Casualty .nsuranct� Company, Liberty Mutua[ 3�
[nsurance Campany, and West American Insurance Company wh�ch resolutions are now in #ull force and effecl reading as (ollaws: a�
ARTICLE IV—OFFICERS: Sec6on 12. Po�werofAttomey. o0
Any officer or other offidal o( �e Corporation authorized for that purpase in writing by Ehe Chairtnan or the President, xnd subject to such limitation as the Chairman ar tha � r
President may presai6e, shall appoint such attomeys-in-f�d, as may be necessary to act irr behalf of the Corporativn to make, execule, sea. acknowEedge and deliver as surety @�O
any and all underiakings, bonds, recognizances xnd olher surety ob'gations. Such alkameys-in-fact, subjecl ta the limitations set forth in their respective powers of aftomey, shall � �
have full power to bind the Corporafion hy iheir sgnaWre and eacecutlon oi any such insWments and to aitach thereto the seal of Ihe Corporation. When so executed, such o d
insWroents sha, be as hinding as if signed by the Fresident and attested to by the Secretary. My pawer or aulhority granled #o aoy representativa or aKomay in-fact under the ��
provisians o( Ihis ar�de may be revoked al any time by t�e Board, lhe Chairman, Efie Presidenl or by the officer a officers granting such power or authority. � Q
ARTICLE XIII � Execution of Contracts: Sectian 5. Surety Bonds and UndertaK.ngs.
My otficer of the Company aulhorized for that purpose in wriGng hy the chairman or the president, and subject to such ]imitations as lhe chairman or Etie president may presai6e,
shall appoinl such atfomeys=n-faci. as may 6e necessary lo ack in hehalf of the Company to make, execute, seal, adcnowledga and deliver as surety any and all undedakings, ---
hands, recognizances and ot�er surety oh':gafions. 5��ch aftomeys-in-fact subject tv the lim tetions set {orGt 'n their respecbve powe�s of aUomey, shall �ave iull power lo hind the
Company by t�eir signature and execu6on of any such -nsWmenis and lo attach therelo Ihe seal of the Company. When so executed such instruments sha11 he as binding as ii
signed by lhe president and aftesfed hy the seaetary.
Certiilcate of Designation — The President af Ihe Company, acting pursuanl lo Ihe Bylaws of the Company, authorizes �avid M. Carey, Assisfant Secrelary io appoinl such a�tameys-in-
fact as may be necessary to act on behal( of the Company to make, execute, seal, adcnow edge and deliver as surety any and all �nder#akings, 6onds, reoognizances and other surety
o6ligations.
Authorization -- By unanimous consent of the Campany�s Board of pirectors, the Company consents lhal (acsimile or mechanically reproduaed signature of any assistant secretary af the
Company, wherever appearing upon a cerfified oopy of any power of attomey issued by the Company in oonnection wifh surety bonds, shall be valid and hinding upon �he Company with
ihe same force and ef(ect as Ihcugit manually aifixed.
I, Renee C. Llewe��yn, lhe undersigned, Assistant 5eaetary, The Ohio Cas¢alty Fnsurance Company, Liherty Mutual Insurance Company, and West Ameriqn Insurance Canpany do
hereby certi[y Ihat the original pawer o( attomey af wh`ch the foragoing is a full, Uue and correct copy of the Power af Atlamey executed hy said Companies, is in !uN (orce and etfecf and
has �otbeenrevoked.
1N �ESTIMONY WHEREOF. I have hereunto set my hand and affixed tha seals of sa d Compan�es �tis 26th day of Au�st , 2021 .
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���7 *�� �ti1 y,� s�R1 *��� Renee C. lJewe11yn, Assistant 5eaelary
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LMS-12B73 LMIC OCIC WAIC MuIG Co 02f2i
Public Comment - Item #14: Resolution No. 2021-64
s
Of recent times, a former well known junior golfer, affiliated with
Landmark was looking for and purchased a nine-hole course at the
Coast. Junior golf has remained very popular. ,
Every owner tried to expand Palm Desert Country Club with some type
of real estate. This brings us today. The current owner found a
loophole in the original developer's documents when they purchased
both golf courses through bankruptcy.
Dick Oliphant, then original developer, verified a clause error occurred.
3. The process started by the new owners of Palm Desert Country Club,
When they held a meeting of introduction. They asked all of the
homeowners to help them pay for electricity and water with a monthly
fee. The homeowners rejected the idea. The new owners then shut
down the operation of the executive course. Business plans were given
to them as how to market play on the course and make a profit, it
was ignored.and they closed the course. Meetings started with the
Community. They advised us they intended to build condominiums
On the executive course.
�
Here is where it gets a little strange.
It was an election year
for a city council seat. One of you stood up and introduced
yourself to all of us. That person, stated to us, "What ever
the majority ofyou want, I will back you up." Onlyto later
Vote against us.
From the very beginning at the Architecture Committee
meeting, the Planning Commission meeting and finally
the many different council meetings, our wishes and
the hundreds of petitions presented to all of you made
NO DIFFERENCE.
5. Maintenance Agreements: You voted to do away
With the Maintenance agreement for the executive
course. Owner promised to answer complaints within
24 hours. That didn't seem to work. If you called to
have the water for 60 seconds we were told people would
complain our windows would get stained.
I have many videos where you could not see the homes
across the old fairway.
TMe maintenance agreernent for even the 18-hole golf
Course has not been kept up. All the areas where they
received thousands of dollars to remove turf and planted
desert landscape has not been kept up. These at least
from tfie view sheds should be maintained.
Complaints about this have been reported to Code.
Areas have still not been kept up to code.
(I am again submitting our attorney's letter to you as
To his opinion.)
6. As a health concern for our area, the blowing dust
, fire ants, dead leaves from eucalyptus trees etc.,
and the thought of this project have caused many
to sell their property. Several have expressed the
desire to commit suicide and several have had
heart attacks due to stress of this project.
Several others, living on a budget, want to move but
Cannot afford to sell.
7. ADDRESSING THE 88 PAGE STAFF REPORT FOR 10-28-21
Page One: Last paragraph. Low-cost housing fee proposal.
This issue of January 9, 2020 could never take place without
Approval of the HOA MEMBERS WITH A 51 PER,CENT VOTE.
THE HOA MEMBERS KNOW NOTHING ABOUT THIS. NO VOTE
HAS TAKEN PLACE.
8. ENCROACHMENTS ON PDCC PROPERTY:
After reading page 2 about this issue, several people that
Received letters thought they were getting a recorded
Easement. This is a very confusing issue.
9. MISSING RECORDINGS AND CONFUSION ABOUT
PROPERTY LINES.
With the Horton developer, Larry Kosmont, remodel of
Of executive golf course and Engineer Brown, from
From the City of Palm Desert, surveyor for project,
Randy Case. Came fio my property and placed marker
At the top of my hill where they said I was receiving
A 5-fA.ot ,easement for allflwing �hem to add 4 feet of
Dirt to the course for a tee box. (December 31, 2005)
I recently learned from Larry Kosmont that Randy Case
never recorded the easement. Thus, why everyone out
here thinks our property is different than Chris McFadden:s
Version. However, looking at the newest map, June 2021
My lot is # 180 and my lot is supposed to be 60 x 100.
The figure for the width looks to be 59.50feet.
I am assuming my recorded document with the
Riverside County Recorder's office is the correct one.
(Copy attached).
11. traffic study... the traffic study was up for 24 hours
on California Ave. That was years ago.
On any given weekday' there are at least 14 deliveries
, UPS,�FED EX, WALMART, GROCERY STORES, OTHERS.
The signal at Fred Waring/California is controlled by
Indian Wells. If you leave at 7- to 730 a.m. in the
Morning you have to wait through 2 red lights.
Sometimes there are as many as 20 cars and trucks waiting.
Many are parents taking their kids to school.
Imagine adding this to the road behind us. The large
UPS and FED EX trucks , shake the house.
There are many cars using California as a shortcut
from Hovely and Washington.
There needs to be a stop sign put in at California and
Tennessee to stop the speeding.
I could go on forever, but I am hoping when you approve
this map that it will be an extremely fast build.
I am not looking .
forward to a chain link fence with a canvas cover for 2
Years.
THE END
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SEPT 992 µ. —
n rxvs���St�Lvai. l,(]KPORATION
MaZ�r�w �1'. Waxn, E6Q. 44651 VILLA6E COURT
" ADAIITTED IN � A AND TESAS SUITE SQS
, - PALM DE9ERT, OA 82280
Paox�� 760.884.8210
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May 7, 2018
Paln � Desert City Council
Sabb Jonathan; Mayor
7351 � Fred Waring Drive
Palff � Desert Ca 92260
Ro W. Hargreaves, City Attomey
City � f Palm Desert
c% B� st Best & Krieger
7476 Highway 111, Suite 200
In ' Wells Ca 92210
Re_ Paim Desert Country Club- Case No 16-250.
Council's Consideration of rezonine of three nazcels &om onen soace to mixed
use residential for construction of 69 condominium units on annroximatelv 30
acres located on the former executive ¢old wurse at Palm Desert Country Club
ofi
the
To the Honorable Mayor and Members of the Palm Desert City Covnci! and City
ry Hazgreaves: �
My office represents the Open Space Action Committee, which is comprised of a group
�cemed citizens who reside at the Palm Desert Country Club and are directly affected by
�posed project.
I have reviewed the Apri119, 20181etter from counsel for PD Holdings, LP, the owner of
the P]m Desert Counhy Club as it relates to the Operation and Maintenance Agreement
("ON � A") between the City of Palm Desert and PD Holding's predecessor Dahoon Investment
Com � any, Inc. as recorded on September 21, 2005 in the Official ReCords bf Rivei�id� Cb'�itq
as D�cumeirt Number 2005-0780948. I have 1�lcewise reviewed the Memorandum from Palm
Dese City Attorney Hazgreaves dated Apri13Q 2018 re "Palm Desert Country Club
Doc � ents" as it relates to Council's "direction" that he review the Development Agreement,
Ope �tion and Maintenance Agreement, CC&R's and the April 19 20181etter from PDCC's
legal �.ounsel.
Page 1 of 6
Waizn �Aw GxouP
A PROEES9 ONAL CORPORATION
�I I have likewise conducted a review and ax�lysis of the Operation and Maintenance
Agre ment. I agree with your City Attomey's conclusion that 1) the OMA does not have a
term�niation date; 2) the OMA remains enforceable, and 3) that it does not appear that the OMA
was � schazged in bantQuptcy. �
I I disagree with Mr. Hazgreave's assertion that the City can "justifiably" take the position
thaY ' i any portion of the Property is ao longer operated as a golf course, that such portion is not
req ' ed to be maintaiited to the AgreemenYs standazds. T likewise disagree with many of the
assert�ons made by ApplicanYs attorney Robert Patterson in Iris April 19, 20181etter.
II have reviewed a memorandum from Principal Planner Eric Ceja to Council, in which he
co the uncertainty created by the City Attorney's Apri130, 2018 memorandum, and
reco i� ends that "City Council direct staff to work with the Applicant to amend the OMA to
cl ' that it applies oniy to the Championslrip course and only so long as it is operated as a golf
cours "
For the following reasons, my client asserts that the City cannot justifiably take a position
that i; contrary to the express and unambiguous language of ihe OMA which clearly reveals the
intenllthat the maintenance obligations apply to the entire "Property" as defined in the OMA.
1. The Maintenance Aereement Aoolies to the Entire "Pronertv", and is Not
Limilled to Areas Used for Golf Provided that GoIE is Conducted on the Prooertv.
IRecital Section "A" defines the "Property" as the real property located at 77-200
Califi rnia Road in the City of Palm Desert known as the Palm Desert Golf Course, legally
des ` ed in Exhibit A-1 and depicted in Exlubit A-2 attached to the agreement and incorporated
into �e agreement by reference. Recital Section "A" specifically states,that the "Property" is
"im � ved with certain improvements, includinE. but not limited to. an eighteen (18) hole golf
wurs � and a nine (9) hole executive cou►se (collectively "Golf Course'�, an appro�mately ten
thous � d(10,000) square foot clubhouse ("Clubhouse"), a storage azea and maintenance yard
("M � tenance Yard") and Pazking Lot ("Pazking LoY').
Recital C states: "For so long as Owner operates a golf course on the Properly, Owner
to operate and maintain the Property according to the standazds set forth in this
nent, as required under the Development Agreement "
Section 3.1 of the OMA states that "Owner shall maintain the "Pso e and related
ements. inclnd'm� without limitation the Clubhouse, the Parking Lot, the Maintenance
� and associated landscaping in accordance with this Agreement, including without
Page 2 of 6
` V��x.n ��iw GxouP
A PROFE83 ONAL OORPORATION
the Maintenance Standazds for the Palm Desert Country Club attached to tivs
as E�chibit B incorporated by this reference (the "Maintenance Standazds'�".
� Section 3.8 of the OMA states that the covenants contained therein run with the land,
bind � wner's successors and assigns (which includes the Applicant), and "shall remain i�e
eff Ifor so lome as the Prooertv is used as a eolf course facililv".
IApplicant's counsel not surprisingly asserts that it is lris "unequivocal opinion" that there
aze n� � covenants or restrictions that restrict or prohibit the entitlement and construction of the
Proje �t, and that City Council must consider the recommendation of Planning Commission to
apprc e without any reference to this potential issue. First, this is not a"potential" issue, it is a
ripe �� d present issue. Second, the position of Applicant's counsel appeazs to be unsupportable
giv � the cleaz language of Recital C and Sections 3.1/3.8 of the OMA. The issue is not whether
the o� er must operate a golf course or golf wurses on the entirety of the project as Applicant's
co � 1 asserts. The issue is if the owner operates any golf facility on the Property then it must
comp y with the maintenance obligations for the entire Property. As Council is aware, it is the
form � 9- hole golf course area that the Applicant seeks a zone change and approval to develop.
Tlus �� ea is clearly within the defined "Properly" and clearly subject to all maintenance
obli ��'ons as set forth in the OM?,.
IApplicant's counsel does not dispute the application of the OMA, and in fact admits in
lris A ril 19, 20181etter that PD Holdings will continue to maintain the eighteen-hole course in
fiill cn �mpliance with the City Covenant. (letter page 2). It is unclear to me how the Applicant
belieties tUat it can pick and choose those provisions of the OMA that it wants to comply witU,
while�asking City Council to simply disregazd and ignore those provisions that it does not want
to co�iply with, and in this case, those provisions that interfere with its approval for the 2one
change and development. �
2. The OMA Was Clearlv Intended to An�lv to Maintenance of the Entire
�tv Ineladin¢ anv Golf Course, and that Intent Should l�ot Be Disre¢arded.
I Again, Applicant's counsel takes the position in his letter that the intent of the OMA was
not tdl prevent development for another use, such as single family residential. First, for
ci '�;ation, Applicant is seeking approval for change of zone to multi-family residential.
Seco d, the language of the OMA speaks directly to the intent of the parties by mandating City
enfo �ement if the owner allows any materially adverse condition on any area of the Property,
inclu ing any significant deterioration of the golf course.
Page 3 of 6
WA1�D �AW GROUP
A PROFE6BI0 QAL CORPORATION
Section 3.2 of the OMA states:
i "If at any time there is an occurrence where, in the commercially
, reasonable opinion of the City, a material adverse condition on any area of
� the Prooertv exists in contravention of the Management Plan and/or flris
Agreement (a "Maintenance Deficiency") the Ciiy shall notify the Owner
j in writing of such Maintenance Deficiency."
i Section 43 of the OMA is entifled "Relief to Preclude Immediate Significant
!, Deterioration of the Golf Course", and states in relevant part:
"If the City identifies a Maintenance Deficiency wlvch the City believes in
its commercially reasonable opinion will result in the immetliate
significant deterioration of the Golf Course if not cured within a
commercially reasonable time ("Urgent Maintenance Deficiency"), the
City shall provide immediate written notice to Owner."
� The OMA applies to the Pmperry and further applies so long as any golf operations aze
being i nducted on the Property. The analysis is,not whether the OMA res�icts the
owner/ licant from ceasing to use a portion of the Property as a 9-hole coutse. However, any
such d� ision by We owner does not excuse or diminish the maintenance obligations as to the
"Prope �' and to maintain said Property in accordance with the OMA maintenance standards,
for as 1 i ng as any portion of the Property is used as a golf wiuse. With all due respect to the
City A, ey, his statemeut that any other interpretation could be given to this language, is not a
reason� le or jusrifiable interpretation, especially when section 3.8 is read in connection with
sectio � � 3.2 and 4.3.
The OMA Was A Stated Condition of Annroval of the Develoument Asreement,
�s Recorded on the Same Date as the OMA.
�fhe OMA azose as a specific condition of approval of the Palm Desert Country Club
Develo' me� Agreement between the City of Palm Desert, PDCC Development LLC and
Dahoo �' Investme� Company, Inc which was recorded on the same date as the OMA. The
parties the Development Agreement received substantial benefit under the Development
Agree ent. To now suggest, that any provisions of the OMA (a stated condition of approval)
can r;oactively be cancelled, waived or rescinded, is conhary to the terms, conditions. and spirit
of the evelopment Agreement, which provided in part as follows;
Page 4 of 6
W�xn I.�� w Gxo�
A PROFESSIO�'i6L C012PORATION
"Whereas, the terms and conditioms of this Agreement, have undergone extensive
review by the City and the City Council and have been found to be fair just and
reasonable"
.. The Citv glas Failed for Manv Years to Reauire the OwnerlAnnlicant to Comolv
with th e Maintenance Oblieations under the OMA, and Mast Not Reward Such Breach
with ad�Amendment to the OMA.
by the
been li
the ow
former
include
million
23.2 ta
e photographs of the burned out, blighted, dilapidated area wlrich was once occupied
ole course (and which aze part of the record in this matter) clearly show that there has
if any effort by the City of Palm Desert to enforce the maintenance obligations as to
'applicant under the OMA. It appears that the owner/applicant has ignored its
s under the OMA, and made all those homeowners who have homes on and around the
iole course, to endure years of blighted conditions. These maintenance obligations
; obligations under Section 23 that the Owner budget and expend a minimum of 1.1
llars annually for maintenance of the Golf Course and its facilities, and under section
bmit annual reports detailing money spent on the maintenance of the Golf Course.
lVow this same owner/applicant wants the City to rewazd its actions with a zone change,
and app�oval for development of the project on the Property. The suggestion that these matters
can be olved with a simple amendment to the OMA, if so directed, would constitute the City's
grantin�f a waiver of the owner/applicant's obligations and smacks of self-interested dealing,
given tt�e unperformed obligations of the City under the OMA.
the E
with
the golf
t�s Mz,
outsicie
obligati�
order to
�plicant and its counsel may not like the terms of the OMA, however the language of
ment is not ambiguous. The OMA and the obligations therein aze a covenant running
'roperty. Respectfiilly, the coniments from Mr. Ceja that the previous owners went
that there are significant changes in the golf industry and that the sustained viability of
�urse has not been demonstrated, may all be true, but likewise irrelevant to the analysis.
;ja �tates in his �e�9 to Cou.ncil, "requiring private businesses to operate at a loss is
e scope of the City's authority". Likewise, disregarding, waiving or amending out
�s contained in the recorded OMA that run with the Property and bind tlus Applicant, in
uit the owner/applicanf and/or City, is likewise beyond the scope of fhe City's
Page 5 of 6
. 1'
WA1�D ; W Q�'rROUP
A PROFE86 JNAL CORPORA'i'ION
»� �� �•� 'a �
� a��',�, ',�P`3R #i4
trrR�t 'd �ta) 8
�'t, u i ��
It is respectfully requested that ttris communication be presented to the Palm Desert City
l and made a part of the record so that Council can make an adequately informed
WARD LAW GROUP, PC.
�
Matthew T. Wazd ' � 1
`
cc:
Space Action Committee
Page 6 of 6