HomeMy WebLinkAboutRls Scrty - PM 36792 MillenniumCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE A PORTION OF SECURITY FOR PARCEL MAP
36792 (MILLENNIUM)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Palm Desert University Gateway, LLC
Attention: Theodore M. Seldin
30875 Date Palm Drive, Ste. C
Cathedral City, CA 92234
Sure Tec Insurance Company
952 Echo Lane, Ste. 450
Houston, TX 77024
BOND NO.: 4399817
DATE: April 13, 2017
CONTENTS: Subdivision Improvement Agreement
Faithful Performance Bond
Payment Bond (Labor & Materials)
Vicinity Map
Recommendation
By Minute Motion, release $1,453,288.50 of the Faithful Performance
Bond, and $726,644.25 of the Payment Bond (Labor & Materials) for the
completed improvements to Dinah Shore Drive for Parcel Map 36792.
Background
The subject Parcel Map for the project named Millennium is a multi -phased, multi -use
commercial and residential project located at Gerald Ford Drive and Portola Avenue. A
Faithful Performance Bond in the amount of $2,906,577.00, and a Payment Bond
(Labor & Materials) in the amount of $1,453,288.50 were submitted to the Public Works
Department at the time of Parcel Map approval. The bonds are for improvements to
Dinah Shore Drive, Portola Avenue, and Gerald Ford Drive. At this time, all
improvements related to Dinah Shore Drive have been completed and accepted by the
Staff Report
Release Security for PM 36792
Page 2 of 2
April 13, 2017
Public Works Department with the exception of median landscaping, which will be
completed concurrently when the north side of the project is constructed.
Although $1,958,840 of the improvements to Dinah Shore Drive have been completed,
the Subdivision Improvement Agreement only allows for a maximum release of 50
percent of the bond amount. Therefore, staff requests that City Council approve the
release of 50 percent of the Faithful Performance Bond in the amount of $1,453,288.50,
and 50 percent of the Labor and Materials Bond in the amount of $726,644.25.
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By:
e . e,eunA
Christina Canales, Assistant Engineer
J6nei M. Moore, Director of inance
Approval:
i7
Lauri Aylaian, City Manager
Depa
Mark re
Director o
ead:
ood, P.E.,
Public Works
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
July 8 , 20 15
NAME OF SUBDIVIDER: Palm Desert University Gateway, LLC
(referred
to as "SUBDIVIDER").
NAME OF SUBDIVISION: The Millennium
"SUBDIVISION").
No. of Lots:
(referred to as
TENTATIVE MAP RESOLUTION OF APPROVAL NO.:
(referred to as "Resolution of Approval")
IMPROVEMENT PLANS APPROVED ON: May 20, 2015
(referred to as
"Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS:$ 2,906,577.00
ESTIMATED TOTAL COST OF MONUMENTATION 525,000.00
SURETY:
BOND NOS: 4399817
SURETY: SureTec Insurance Company
-OR-
IRREVOCABLE STAND-BY LETTER OF CREDIT NO.
FINANCIAL INSTITUTION:
-OR-
CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:
FINANCIAL INSTITUTION:
(TM No:36792 )
This Agreement is made and entered into by and between the City of Palm Desert, a
municipal corporation of the State of California, hereinafter referred to as "CITY', and the
SUBDIVIDER.
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RECITALS
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A. SUBDIVIDER has presented to CITY for approval and recordation, a final
subdivision map of a proposed SUBDIVISION pursuant to provisions of the
Subdivision Map Act of the State of Califomia and the CITY's ordinances and
regulations relating to the filing, approval and recordation of subdivision maps.
The Subdivision Map Act and the CITY's ordinances and regulations relating to
the filing, approval and recordation of subdivision maps are collectively referred
to in this Agreement as the "Subdivision Laws".
B. A tentative map of the SUBDIVISION has been approved, subject to the
Subdivision Laws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
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 must have complied with the Resolution of Approval
and must have either (a) completed, in compliance with CITY standards, all of
the improvements and land development work required by the Subdivision Laws
or the Resolution of Approval or (b) have entered into a secured agreement with
CITY to complete the improvements and land development within a period of
time specified by CITY.
D. In consideration of the approval of a final map for the SUBDIVISION by the
City Council, SUBDIVIDER desires to enter into this Agreement, whereby
SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense,
all 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 Laws and approved by the City
Attorney.
E. Complete Improvement Plans for the construction, installation, and completion of
the improvements have been prepared by SUBDIVIDER and approved by the
City Engineer. The Improvement Plans numbered as referenced previously in
this Agreement are on file in the Office of the City Engineer and are incorporated
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into this Agreement by this reference. All references in this Agreement to the
Improvement Plans shall include reference to any specifications for the
improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements and
performing land development work in connection with the 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 the estimate is attached as Exhibit "A" to this Agreement.
G. CITY has adopted standards for the construction and installation of
improvements within the CITY. The Improvement Plans have been prepared in
conformance with CITY standards in effect on the date of the Resolution of
Approval.
H. All public improvement 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 property monuments must be installed within one year from
the formal final Council acceptance of said SUBDIVISION.
I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION,
CITY has conferred substantial rights upon SUBDIVIDER, including the right to
sell, lease, or finance lots within the SUBDIVISION. As a result, CITY will be
damaged to the extent of the cost of installation of the improvements by
SUBDIVIDER's failure to perform its obligations to commence construction of the
improvements by the time established in this Agreement. CITY shall be entitled to all
remedies available to 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 SUBDIVISION constitutes an
adequate remedy for default by the SUBDIVIDER shall be within the sole
discretion of CITY.
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NOW, THEREFORE, in consideration of the approval and recordation by the City
Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows:
1. SUBDIVIDER's Obligation to Construct Improvements.
SUBDIVIDER shall:
a. Comply with all the requirements of the Resolution of Approval, and
any amendments thereto, and with the provisions of the Subdivision
Laws.
b. Complete at SUBDIVIDER's own expense, all the public
improvement work required by the Resolution of Approval in
conformance with approved Improvement Plans within one year
from date of execution of this Agreement; provided however, that
the improvements shall not be deemed to be completed until
accepted by City Council as provided in Section (17) herein.
c. Furnish the necessary materials for completion of the public
improvements in conformity with the Improvement Plans.
d. Acquire, or pay the cost of acquisition by CITY, and dedicate all
rightsof-way, easements and other interests in real property for
construction and installation of the public improvements, free and
clear of all liens and encumbrances. The SUBDIVIDER's
obligations with regard to acquisition by CITY of off -site rights -of -
way, easements and other interests in real property shall be subject
to a separate agreement between SUBDIVIDER and CITY.
SUBDIVIDER shall also be responsible for obtaining any public or
private sanitary sewer, domestic water, drainage, and/or utility
easements or authorization to accommodate the SUBDIVISION.
e. Commence construction of the improvements by the time
established in Section (22) of this Agreement and complete the
improvements by the deadline stated in Section (1)(b) above,
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unless a time extension is granted by the CITY as authorized in
Section (22).
f. Install all SUBDIVISION public improvement monuments required
by law and prior to formal final acceptance of the public
improvements by CITY. Individual property monuments shall be
installed within one year of said acceptance.
g•
Install street name signs conforming to CITY standards. Permanent
street name signs shall be installed before acceptance of the
improvements by CITY.
2. Acauisition and Dedication of Easements or Rights -of -Way. If any of the
public improvement and land use development work contemplated by this
Agreement is to be constructed or installed on land not owned by CITY or
SUBDIVIDER, no construction or installation shall be commenced before:
a. The offer of dedication to CITY of appropriate rights -of -way,
easements or other interests in real property, and appropriate
authorization from the property owner to allow construction or
installation of the improvements or work, or
b. The dedication to, and acceptance by, CITY 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 competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession.
SUBDIVIDER shall comply in all respects with the order of
possession.
Nothing in this Section (2) shall be construed as authorizing or granting an
extension of time to SUBDIVIDER.
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3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's
performance by furnishing to CITY, and maintaining, good and sufficient
security as required by the Subdivision Laws on forms approved by CITY for the
purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in an amount of 100% of the estimated cost of the
improvements; and
b. to secure payment to any contractor, subcontractor, persons
renting equipment, or furnishing labor and materials for the
improvements required to be constructed and installed pursuant to
this Agreement in the additional amount of 50% of the estimated
cost of the improvements; and
c. to guarantee or warranty the work done pursuant to this Agreement
for a period of one year following acceptance thereof by CITY
against any defective work or labor done or defective materials
furnished in the additional amount of 10% of the estimated cost of
the improvements; and
d. SUBDIVIDER shall also furnish to CITY good and sufficient security
in the amount of one hundred percent (100%) of the estimated cost
of setting SUBDIVISION monuments as stated previously in this
Agreement in Section (1)(f) fora period of one year plus thirty (30)
days from formal acceptance by the City Council.
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 replacement shall: 1) comply with all the
requirements for security in this Agreement; 2) be provided to the City Engineer to be
filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of
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and incorporated into this Agreement Upon provision of a replacement security with the City
Engineer and filing of a replacement security with the City Clerk, the former security may
be released.
4. Alterations to Improvement Plans.
a. Any changes, alterations or additions to the Improvement Plans not
exceeding ten percent (10%) of the original estimated cost of the
improvements, which are mutually agreed upon by CITY and
SUBDIVIDER, shall not relieve the improvement security given for
faithful performance of this Agreement. In the event such changes,
alterations, or additions exceed 10% of the original estimated cost
of the improvement, SUBDIVIDER shall provide improvement
security for faithful performance as required by Section (3) of this
Agreement for one hundred percent (100%) of the total estimated
cost of the improvements as changed, altered, or amended, minus
any completed partial releases allowed by Section (6) of this
Agreement.
b. The SUBDIVIDER shall construct the improvements in accordance
with CITY standards in effect at the time of adoption of the
Resolution of Approval. CITY reserves the right to modify the
standards applicable to the SUBDIVISION and this Agreement,
when necessary to protect the public safety or welfare or comply
with applicable state or federal law or CITY zoning ordinances. If
SUBDIVIDER requests and is granted an extension of time for
completion of the improvements, CITY may apply the standards in
effect at the time of the extension.
5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and
safe access for inspection of the public improvements by CITY inspectors
and to the shops wherein any work is in preparation. Upon completion of
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the work, SUBDIVIDER may request a final inspection by the City
Engineer, or the City Engineer's authorized representative. If the City
Engineer, or the designated representative, determines that the work has
been completed in accordance with this Agreement, then the City
Engineer shall certify the completion of the public improvements to the City
Council. No improvements shall be finally accepted by the City Council unless
all aspects of the work have been inspected and completed in accordance with the
Improvement Plans. When applicable law requires an inspection to be made by
City at a particular stage of the work of constructing and installing such
improvements, CITY shall be given timely notice of SUBDIVIDER's
readiness for such inspection and SUBDIVIDER shall not proceed with additional
work until the inspection has been made and the work approved. SUBDIVIDER
shall bear all costs of inspection and certification. No improvements shall be
deemed completed until accepted by the City Council pursuant to Section
(17) herein.
6. Release of Securities. The securities required by this Agreement shall be
released as following:
a. Security given for faithful performance of any act, obligation, work
or 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 performance of improvement work as the improvement
progresses upon application thereof by the SUBDIVIDER; provided,
however, that no such release shall be for an amount less than
twenty-five percent (25%) of the total improvement security given
for faithful performance of the improvement work and that the
security shall not be reduced to an amount less than fifty percent
(50%) of the total improvement security given for faithful
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performance until final completion and acceptance of the
improvement work. In no event shall the City Engineer authorize a
release of the improvement security which would reduce such
security to an amount below that required to guarantee the
completion of the improvement work and any other obligation
imposed by this Agreement.
c. Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or
equipment shall, at six (6) months after completion and acceptance
of the work, be reduced to an amount equal to no less than 125%
of the total claimed by all claimants for whom liens have been filed
and of which notice has been given to the CITY, plus an amount
reasonably determined by the City Engineer to be required to
assure the performance of any other obligations secured by the
Security. The balance of the security shall be released upon the
settlement of all claims and obligations 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 period have been settled. As provided
in Section (10), the warranty period shall not commence until formal final
acceptance of all the work and improvements by the City Council.
e. CITY may retain from any security released, an amount sufficient to
cover costs and reasonable expenses and fees, including
reasonable attorneys' fees.
7. Injury to Public Improvements. Public Property or Public Utilities Facilities.
SUBDIVIDER shall replace or repair or have replaced or repaired, as the
case may be, all public improvements, public utilities facilities and
surveying or subdivision monument which are destroyed or damaged as a
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result of any work under this Agreement. SUBDIVIDER shall bear the
entire cost of replacement or repairs of any and all public or public utility
property damaged or destroyed by reason of any work done under this
Agreement, whether such property is owned by the United States or any
agency thereof, or the State of Califomia, or any agency or political
subdivision thereof, or by CITY or any public or private utility corporation
or by any combination of such 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 construction and installation of the
improvements, give all necessary notices and pay all fees and taxes
required by law.
9. Default of SUBDIVIDER.
a. Default of SUBDIVIDER shall include, but not be limited to,
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(1) SUBDIVIDER's failure to timely commence construction of
this Agreement;
(2) SUBDIVIDER's failure to timely complete construction
of the improvements;
(3) SUBDIVIDER's failure to timely cure any defect in the
improvements;
(4) SUBDIVIDER's failure to perform substantial 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 any petition in bankruptcy either voluntary or
involuntary which SUBDIVIDER fails to discharge within
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thirty (30) days; the commencement of a foreclosure action
against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or
(6) SUBDIVIDER's failure to perform any other obligation under
this Agreement.
b. CITY reserves to itself all remedies available to it at law or in equity
forbreach of SUBDIVIDER's obligations under this Agreement. CITY shall have
the right, subject to this Section, to draw upon or utilize the appropriate security
to mitigate CITY's damages in event of default by SUBDIVIDER. The right of
CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of the improvements and, therefore, CITY's damages for
SUBDIVIDER's default shall be measured by the cost of completing the required
improvements. The sums provided by the improvement security may be used by
CITY for the completion of the public improvements in accordance with the
improvement plans and specifications contained herein.
In the event of SUBDIVIDER's default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety,
and agrees to pay the entire cost of such performance by CITY.
CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the account and
at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to
CITY for any excess cost or damages occasioned CITY thereby. In such event,
CITY, without liability for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plants and other property
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belonging to SUBDIVIDER as may be on the site of the work and necessary for
performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this Agreement
shall constitute consent to the filing by CITY of notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval
or otherwise revert the SUBDIVISION to acreage. The remedy
provided by this subsection (c) is in addition to and not in lieu of other
remedies available to CITY. SUBDIVIDER agrees that the choice of
remedy or remedies for SUBDIVIDER's breach shall be in the
discretion of CITY.
d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses
incurred by CITY in securing performance of such obligations,
including but not limited to fees and charges of architects,
engineers, attorneys, other professionals, and court costs.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver
of that default or breach or any subsequent default or breach of
SUBDIVIDER.
10. Warranty. SUBDIVIDER shall guarantee or warranty the work done
pursuant to this Agreement for a period of one year after final formal
acceptance of the SUBDIVISION by the City Council against any defective
work or labor done or defective materials fumished. If within the warranty
period any work or improvement or part of any work or improvement done,
furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of
the requirements of this Agreement or the improvement plans and
specifications referred to herein, SUBDIVIDER shall without delay and
without any cost to CITY, repair or replace or reconstruct any defective or
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otherwise unsatisfactory part or parts of the work or structure. Should
SUBDIVIDER fail to act promptly or in accordance with this requirement,
SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the
work twenty (20) days after mailing written notice of default to
SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of
such work by CITY. Should CITY determine that an urgency requires
repairs or replacements to be made before SUBDIVIDER can be notified,
CITY may, in its sole discretion, make the necessary repairs or
replacement or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of
SUBDIVIDER's agents, contractors or subcontractors are or shall be
considered to be agents of CITY in connection with the performance of
SUBDIVIDER'S obligations under this Agreement.
12. Iniury to Work. Until such time as the improvements are accepted by
CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
any of the improvements constructed or installed. Until such time as all
improvements required by this Agreement are fully completed and
accepted by CITY, SUBDIVIDER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not,
nor shall any officer or employee thereof, be liable or responsible for any
accident, Toss or damage, regardless of cause, happening or occurring to
the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks
shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Environmental Warranty. Prior to the acceptance of any dedications or
improvements by CITY, SUBDIVIDER shall certify and warrant that neither
the property to be dedicated nor SUBDIVIDER is in violation of any
environmental law and neither the property to be dedicated nor the
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SUBDIVIDER is subject to any existing, pending or threatened
investigation by any federal, state or local governmental authority under or
in connection with environmental law. Neither SUBDIVIDER nor any third
party will use, generate, manufacture, produce, or release, on, under, or
about the property to be dedicated, any hazardous substance except in
compliance with all applicable environmental laws. SUBDIVIDER has not
caused or permitted the release of, and has no knowledge of the release or
presence of, any hazardous substance on the property to be dedicated or the
migration of any hazardous substance from or to any other property adjacent to,
or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and
present use of the property to be dedicated has not resulted in the release
of any hazardous substance on the property to be dedicated. SUBDIVIDER
shall give prompt written notice to CITY at the address set forth herein of:
a. Any proceeding or investigation by any federal, state or local
governmental authority with respect to the presence of any
hazardous substance on the property to be dedicated or the
migration thereof from or to any other property adjacent to, or in the
vicinity of, the property to be dedicated;
b. Any claims made or threatened by any third party against CITY or
the property to be dedicated relating to any loss or injury resulting
from any hazardous substance; and,
c. SUBDIVIDER's discovery of any occurrence or condition on any
property adjoining in the vicinity of the property to be dedicated that
could cause the property to be dedicated or any part thereof to be
subject to any restrictions on its ownership, occupancy, use for the
purpose for which is it is intended, transferability or suit under any
environmental law.
14. Other Agreements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or
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previously executed between the parties, or from entering into agreements
with other subdividers for the apportionment of costs of water and sewer
mains, or other improvements, pursuant to the provisions of the CITY
ordinances providing therefore, nor shall anything in this Agreement
commit CITY to any such apportionment.
15. SUBDIVIDER'S Obligation to Wam Public During Construction. Until
formal final acceptance of the improvements, SUBDIVIDER shall give
good and adequate warning to the public of each and every dangerous
condition existent in said improvements, and will take all reasonable
actions to protect the public from such dangerous condition.
16. Vesting of Ownership. Upon formal final acceptance of the work by CITY
and recordation of the Resolution 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 Council upon recommendation of the City
Engineer after final completion and inspection of all improvements. The
City Council shall act upon the Engineer's recommendation within sixty
(60) days from the date the City Engineer certifies that the work has been
finally completed, as provided in Section (6). Such acceptance shall not
constitute a waiver of defects by CITY.
18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of
the acts or omissions of SUBDIVIDER, its agents, or employees,
contractors and subcontractors in the performance of this Agreement.
SUBDIVIDER further agrees to protect, defend, indemnify and hold
harmless CITY, its officials, boards and commissions, and members
thereof agents and employees from any and all claims, demands, causes
of action, liability or loss of any sort, because of, or arising out of, acts or
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omissions of SUBDIVIDER, its agents, employees, contractors and
subcontractors in the performance of this Agreement, except for such
claims, demands, causes of action, liability, or Toss arising out of the sole
active negligence of the CITY, its officials, boards, commissions, the
members thereof, agents, and employees, including all claims, demands,
causes of action, liability, or loss because of, or arising out of, in whole or
in part, the design or construction of the improvements. This
indemnification and agreement to hold harmless shall extend to injuries to
persons and damages or taking of property resulting from the design or
construction of said SUBDIVISION, and the public improvements as
provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design and construction
of public drainage systems, streets and other public improvements.
Acceptance by CITY of the improvements shall not constitute an
assumption by CITY of any responsibility for any damage or taking
covered by this Section. CITY shall not be responsible for the design or
construction of the property to be dedicated or the improvements pursuant
to the approved improvement plans or map, regardless of any negligent
action or inaction taken by CITY in approving the plans or map, unless the
particular improvement design was specifically required by CITY over
written objection by SUBDIVIDER submitted to the City Engineer before
approval of the particular improvement design, which objection indicated that the
particular improvement design was dangerous or defective and suggested an
alternative safe and feasible design.
After acceptance of the improvements, the SUBDIVIDER shall remain
obligated to eliminate any defect in design or dangerous condition caused by the
design or construction defect; however, SUBDIVIDER shall not be responsible
for routine maintenance. Provisions of this Section shall remain in full force and
effect for ten (10) years following the acceptance by CITY of the improvements. It
is the intent of this Section that SUBDIVIDER shall be responsible for all liability
for design and construction of the improvements installed or work done pursuant
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to this Agreement and that CITY shall not be liable for any negligence,
nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or
inspecting any work or construction. The improvement security shall not be
required to cover the provisions of this Section.
SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not
limited to fees and charges of architects, engineers, attorneys, and other professionals,
and court costs) incurred by CITY in enforcing the provisions of this Section.
19. Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's
obligations under this agreement are and shall remain the personal
obligations of SUBDIVIDER notwithstanding a transfer of all or any part of
the property within the SUBDIVISION subject to this Agreement, and
SUBDIVIDER shall not be entitled to assign its obligations under this
Agreement to any transferee of all or any part of the property within the
SUBDIVISION or to any other third party without the express written
consent of CITY.
20. Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may
request a novation of this Agreement and a substitution of security. Upon
approval of the novation and substitution of securities, the SUBDIVIDER
may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER 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 for Commencement of Work: Time Extensions. SUBDIVIDER shall
commence substantial construction of the improvements required by this
Agreement not later than six (6) months after the date of this Agreement.
72500.00001 \5753099.2
4/30115
- 17-
In the event good cause exists as determined by the City Engineer, the
time for commencement of construction or completion of the
improvements hereunder may be extended for a period or periods not
exceeding a total of two (2) additional years. The extension shall be
executed in writing by the City Engineer. Any such extension may be
granted without notice to SUBDIV1DER's surety and shall not affect the
validity of this Agreement or release the surety or sureties on any security
given for this Agreement. The City Engineer shall be the sole and final
judge as to whether or not good cause has been shown to entitle
SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, act of God, or by
storm or inclement weather, strikes, boycotts or similar political actions
which prevents the conducting of work, which SUBDIVIDER could not
have 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 Engineer may require SUBDIVIDER to furnish new security
guaranteeing performance 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.
23. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER's rights with respect to any
change in any zoning or building law or ordinance.
24. Notices. All notices required or provided for under this Agreement shall be
in writing and delivered in person or sent by mail, postage prepaid and
addressed as provided in this Section. Notice shall be effective on the
date it is delivered in person, or, if mailed, on the date of deposit in the
United States mail. Notices shall be addressed as follows unless a written
change of address is filed with the City:
72500 00001 \5753099 2
400115
- 18-
72500.00001\5753099.2
4 30/ 15
- 19-
Notice to CITY: City of Palm Desert
73-510 Fred Waring Drive Palm
Desert, California 92260 Attn: Public
Works Director
Notice to SUBDIVIDER: Palm Desert University Gateway, LLC
30875 Date Palm Drive Ste C
Cathedral City, CA 92234
Attn: Theodore M Seldin
Notice to SURETY: SureTec Insurance Company
952 Echo Lane Ste 450
Houston, Texas, 77024
25. Compliance With Laws. SUBDIVIDER, its agents, employees, contractors
and subcontractors shall comply with all federal, state and local laws in the
performance of the improvements and land development work required by
this Agreement. To the extent improvements to be constructed by
SUBDIVIDER or under the direction of SUBDIVIDER hereunder are
considered to be a public work requiring the payment of prevailing wages
and compliance with other prevailing wage laws under Labor Code
Sections 1720 et seq., SUBDIVIDER shall cause the contractor and
subcontractors to pay prevailing wages and to comply with all other
prevailing wage laws pursuant to Califomia Labor Code Sections 1720 et
seq. and implementing regulations of the California Department of
Industrial Relations and comply with any other applicable provisions of
Labor Code Sections 1720 et seq. and implementing regulations of the
Department of Industrial Relations. SUBDIVIDER shall indemnify, defend,
protect and hold harmless City, its agents, elected officials, officers,
employees and independent consultants from and against any third party
claim, cause of action, administrative or judicial proceeding or
enforcement action of any kind arising out of or resulting from
SUBDIVIDER or its contractors and subcontractors' alleged or actual
failure to comply with prevailing wage law.
26. Severability. The provisions of this Agreement are severable. If any
72500 0000I\5753099 2
4/30 15
-20-
portion of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of the agreement shall remain in full force and effect
unless amended or modified by the mutual consent of the parties.
27. Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid
in the interpretation, construction or meaning of any provisions of this
Agreement.
28. Litigation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this Agreement, the prevailing party shall be entitled
to litigation costs and reasonable attomeys' fees.
29. Incorporation of Recitals. The recitals to this Agreement are hereby
incorporated into in the terms of this Agreement.
30. Entire Agreement. This Agreement constitutes the entire agreement of
the parties with respect to the subject matter. All modifications,
amendments, or waivers of the terms of this Agreement must be in writing
and signed by the appropriate representatives of the parties.
31. Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California.
32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement
shall be in the County of Riverside, State of California.
72 500.00001 15753099.2
4/30'15
-21 -
IN WITNESS WHEREOF, this Agreement is executed by the parties as of the
date hereinabove first written; by CITY, by and through its Mayor.
Palm Desert University Gateway. LLC
CITY OF PALM DESERT
-317
7 docicre
SUBDIVIDER
(Proper Notarization of
SUBDIVIDER's signature is required and shall be attached)
72500 00001 \5753099 2
4 30 15
SUBDIVIDER
By:
MAYOR
ATTEST:
ct,:j1W6S.1
ITY CLERK
APPROVED AS TO FORM:
ITY ATTORNEY
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 validity of that document. _!
State of California
County of ;if rs:de
On 1lQy R , 20 IS , before me, J/ i ..,A. ct I,r.s a✓� , a
Notary Ptblic, personally appeared Thao dQ,e lf?• $eid,...
who proved to me on the basis of satisfactory evidence to be the personf whose
name(p) is/ae subscribed to the within instrument and acknowledged to me that
he/sue executed the same in his/heeir authorized capacity(ix,, and that by
his/her/their signature(gj-on the instrument the person), or the entity upon behalf of
which the person($ -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 'ffiel-L— WCZ'X-42/71.
KAREN HANSEN
Commission # 2052600
Notary public - California z
Riverside County
My Comm. Elites Jan 16, 2018 S
MDS CONSULTING PLANNING, ENGINEERING, SURVEYING IRVINE/
PALM DESERT
COST ESTIMATE
PARCEL MAP 36792, City of Palm Desert
DPFDAPFf• IIAa1/ 7A 7A1F
ITEM QUANTITY UNIT COST COST
ROUGH GRADING:
MASS EXCAVATION
UINAH SHORE STREET IMPROVMENIS:
323,275 CY 5 00 x 0.25 $ 404,094
Contingency Fee 10% S 40,409
TOTAL ROUGH GRADING BOND ESTIMATE S 44093.
CONST 5"AC OVER 10" CAB. CLASS II PAVEMENT 137.285 SF 3 65 S 501,090
CONST CURB & GUTTER, TYPE I (8" CF) • CITY STD 102 4,984 LF 30.00 $ 149,520
CONST MEDIAN CURB. TYPE II (8" CF) - CITY STD 103 4.741 LF 25 00 $ 118,525
CONST 6' CONCRETE SIDEWALK - CITY STD 104 29.866 SF 5 00 S 149,330
Cr1NST Cr1NCPPTP IIRIVFWAV - CITY STII 1n5 1 F4 1 non on c 1 nrK)
CONST LOCAL DEPRESSION NO 2 CASE C - RCFC STD LD201 8 EA 1.500 00 S 12.000
CONST CURB RAMP CASE "A" • CAL TRANS STD A88A 6 EA 1,500 00 S 9,000
CONST. CURB RAMP CASE "C" - CAL TRANS STD. A88A 2 EA 1 500 00 S 3.000
SAWCUT & REMOVE EXIST ASPHALT PAVING 406 SF 2 00 S 812
INSTALL (2) 6" IRRIGATION SLEEVES. SCH 40 1.044 LF 10 00 S 10,440
I�ICT•, I IICI IA►, 1 A11r1Cn AOI\1/• •lc •[C CC f (ln f 11n 1A11
Subtotal Dinah Shore Street Improvements S 1,086,997
DINAH SHORE SIGNING & STRIPING
PAINT 4" WHITE DASHED LANE LINE - DETAIL 9
nxpx1T I" VCI 111111/I AI.IC I II.IC 11CTA11 1CA
PAINT 8" SOLID WHITE CHANNELIZING LANE LINE - DET 38
PAINT 6" SOLID WHITE BIKE LANE - DETAIL 39
PAINT 6' DASHED WHITE BIKE LANE • DETAIL 39A
PAINT 12" SOLID WHITE LIMIT LINE - STD A24E
PAINT "STOP" LEGEND - STD A24D
PAINT "BIKE LANE". ARROW & LEGEND - CITY STD 205
PAINT "SIGNAL AHEAD" LEGEND PER CA MUTCD
PAINT "YEILD AHEAD" LEGEND PER CA MUTCD
PAINT "YEILD" LEGEND PER CA MUTCO
PAINT 12" WHITE CROSS WALK
PAINT TYPE VI ARROW - DETAIL A24A
PAINT YIELD LINE PAVEMENT MARKING
PAINT TVPF 1!1I IAN GpPf1W . fl TG11 A144
INSTALL R1-1 (STOP ) SIGN
INSTALL R3-7R (RIGHT LANE MUST TURN RIGHT) SIGN
INSTALL R4-7 (KEEP RIGHT) SIGN
INSTALL R6-1 (ONE WAY) SIGN
INSTALL R8-3A (NO PARKING) SIGN
INSTALL W3-3 (SIGNAL AHEAD) SIGN
INJINLL W4-1K ILHNr_ tNtJ) bll,N
THE MILLENNIUM
GHA COMPANIES
CITY OF PALM DESERT
PAGE 1 OF 3
2,315 LF 1 50 5 3.473
• ICI 1 C I Cl1 II:C c95
338 LF 1 50 S 507
4,308 LF 1 50 S 6.462
314 LF 1 50 $ 471
14LF 150 S 21
1 EA 300 00 $ 300
8 EA 500 00 S 4.000
3 EA 500 00 $ 1.500
5 EA 500 00 S 2.500
5 EA 300 00 S 1.500
3 EA 300 00 S 900
4 EA 300 00 5 1.200
5 EA 500 00 $ 2,500
d c A 'inn nn t 1 "!nn
1 EA 100 00 S 100
1 EA 100 00 $ 100
4 EA 100 00 5 400
8 EA 100 00 $ 800
8 EA 100 00 $ 800
2 EA 100 00 5 200
t e.A IUV uu D LIJ)
G \86902tPm 36792 DINAH SHORE EST xls
MD5 CONSULTING PLANNING, ENGINEERING, SURVEYING IRVINE/
PALM DESERT
COST ESTIMATE
PARCEL MAP 36792, City of Palm Desert
DPFDent=n• lua1, )A )n15
ITEM QUANTITY UNIT COST COST
INSTALL OM1-3 (OBJECT MARKER) 13 EA 100 00 S 1 300
INSTALL W1.7 (DOUBLE HEADED ARROW) SIGN 1 EA 100 00 S 100
INSTALL W1-7 (CIRCULAR INTERSECTION AHEAD) SIGN 4 EA 100 00 S 400
INSTALL W 1-B (RIGHT CHEVRON) SIGN 1 EA 100 00 $ 100
Subtotal Dinah Shore Signing and Striping S 37,728
DINAH SHORE DRIVE (LINES A & B1
• . r-.-•-. n • no, • I. • If, 1 r, • rs -
24" RCP STORM DRAIN (0-LOAD = 2500)
30" RCP STORM DRAIN (D-LOAD = 2000)
36" RCP STORM DRAIN (D•LOAD = 2000)
42" RCP STORM DRAIN (D-LOAD = 2000)
48" RCP STORM DRAIN (D-LOAD = 2000)
60" RCP STORM DRAIN (D-LOAD = 2000)
CONST CATCH BASIN No 1 PER RCFC&WCD
CONST LOCAL DEPRESSION No. 2 PER RCFC&WC0
CONST MANHOLE No. 1 PER RCFC&WCD STD MH251
CONST 48" DROP INLET
CONST. HEADWALL (TYPE A) - CALTRANS STD D90
r-r'IMCT Ql /IOC 000TCCTU1AI DA DDICD
CONST TRAPAZODIAL CHANNEL PER RCFC&WCD STD CH326
CONST CUT-OFF WALL PER RCFC&WCD STD. CH326
PORTOLA AVENUE & GERALD FORD DRIVE
,ram • •JS CC V :.-1".
",-
1,327 LF 190.00 S 252.130
0 LF 200 00 S 0
136 LF 215.00 S 29.240
894 LF 235 00 5 210,090
123 LF 260.00 S 31,980
487 LF 290 00 S 141,230
9 EA
9 EA
B EA
0 EA
1 EA
CA
210 SF
85 LF
5,000 00 S 45,000
3,500 00 S 31,500
3,500.00 S 28,000
4,500 00 S 0
5,000 00 S 5,000
r7 I1M AA ! 9 M!1
100.00 S 21.000
20 00 5 1.720
Sub -Total Dinah Shore Storm Drain S 834,115
Total Dinah Shore Improvements S 1,958,840
CONST. 8' MEANDERING SIDEWALK ALONG PORTOLA 10,640 SF 5 00 S 53,200
CONST 8' MEANDERING SIDEWALK ALONG GERALD FORD 11,808 SF 5.00 5 59,040
PERIMETER LANDSCAPING ALONG PORTOLA 22,736 SF 5 00 S 113,680
PERIMETER LANDSCAPING ALONG GERALD FORD 41,360 SF 5 00 S 206.800
r•rlS "T' r,AI ICaaCaI'r 1A.7Ncr.IIAIr- r .,l r-COAI r• Fvcr. AT CA,TDA AIr,I 1 LS C nf1A "Li f r nnn
TO PARCEL 2
CONST DRIVEWAY APPROACH FOR PARCEL 2 2 EA 2.500 00 S 5.000
PAINT 6" SOLID WHITE BIKE LANE - DETAIL 39 4,984 LF 1 50 S 7,476
PAINT 6" DASHED WHITE BIKE LANE - DETAIL 39A 4,741 LF 1 50 S 7.112
PAINT "BIKE LANE". ARROW AND LEGEND - CITY STD 205 2 EA 500 00 S 1,000
CONST "PORK CHOP" AT SOUTHWEST CORNER (50% SHARE) 1 LS 10 000 00 S 5.000
Total Portola and Gerald Ford Improvements $ 463,308
Total Dinah Shore, Portola and Gerald Ford Improvements S 2,422.148
Contingency Fee 20% S 484 430
I THE MILLENNIUM TOTAL STREET IMPROVEMENT BOND ESTIMATE $ 2.906.577 1
GI1A COMPANIES PAGE 2 Of 3
CITY OF PALM DESERT G \86902\PM 36792 DINAH SHORE EST As
MDS CONSULTING PLANNING, ENGINEERING, SURVEYING
COST ESTIMATE
PARCEL MAP 36792, City of Palm Desert
ITEM
IRVINE/
PALM DESERT
DDFDADDr . ILA ' ') 1 'Jr1•IS
QUANTITY UNIT COST COST
TRAFFIC SIGNAL IMPROVMENTS
INSTALL TRAFFIC SIGNAL, DINAH SHORE & PORTOLA (50% SHAJ 1 EA 300,000 00 S 150,000
TRAFFIC SIGNAL MODIFICATION AT GERALD FORD & PACIFIC 1 EA 10.000 00 S 10.000
Total Traffic Signal Improvements 5 160,000
Contincency Fee 20% S 32,000
TOTAL TRAFFIC SIGNAL BOND ESTIMATE 5 192 J
PARCEL MAP FINAL MONUMENTATON:
PARCEL MAP FINAL SURVEY MONUMENTS
1 LS
25.000 00 S 25,000
TOTAL MONUMENTATION CASH DEPOSIT S 2_1200 I
UNIT PRICES USED HEREIN ARE BASED UPON EITHER CLIENT
PROVIDED INFORMATION OR FROM BEST AVAILABLE INDUSTRY OA
AT THE TIME OF PREPARATION CONSULTANT ASSUMES
RESPONSIBILITY FOR THE EXACTNESS OF SUCH UNIT PRIC
EITHER EVENT
PREPARED UNDER THE SUPERVISION OF.
A h;/,
STANLEY C MORSE. R E 20596
EXP DATE 9/30/15
THE MILLENNIUM
GHA COMPANIES
CfTY OF PALM DESERT
QaoFE881O
fC
qo
CD
at E>tp.430.13
* *
rgr�oCM1.�F0�\
May '. i 15
DATE
PAGE 3 OF 3
G \86902\PM 36792 DINAH SHORE EST xis
CITY OF PALM DESERT
STANDARD FORM
SUBDIVISION
FAITHFUL PERFORMANCE BOND
NAME OF SUBDIVISION: The Millennium
NAME OF SUBDIVIDER: Palm Desert University Gateway, LLC
NAME OF SURETY: SureTec Insurance Company
EFFECTIVE DATE: 05/27/2015
AMOUNT OF BOND:$2,906,577.00
BOND NUMBER: 4399817
PREMIUM: $46,192.00
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, or otherwise, named on line 2 above, without regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of
California and presently possessed of authority under Title 6 of the United States
Code to do business under Sections 6 to 13 thereof, in the aggregate amounts
hereof, hereinafter referred to as SURETY, are jointly and severally held and
firmly bound unto the City of Palm Desert, a municipal corporation of the State of
California, hereinafter referred to as CITY, in the sum mentioned on Line 6
above, for the faithful performance of that certain SUBDIVISION
IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the
subdivision named on Line 1 above, as required by the provision of the
Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for
the payment of which sums well and truly to be made, PRINCIPAL and SURETY
hereby bind themselves, their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that if the said
PRINCIPAL shall faithfully perform the covenants, conditions, and agreements
contained in that certain SUBDIVISION IMPROVEMENT AGREEMENT between
PRINCIPAL and CITY regarding the subdivision named on LINE 1 of Page 1
hereof, which said agreement is by this reference incorporated herein, on its part
to be kept and performed, in a manner and form therein specified, and shall
furnish material in compliance with the specifications and perform all that certain
work and improvement in said CITY which is more particularly described in said
SUBDIVISION IMPROVEMENT AGREEMENT, then the obligation with respect
to the faithful performance is by this reference incorporated herein.
The said SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
SUBDIVISION IMPROVEMENT AGREEMENT or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the SUBDIVISION
IMPROVEMENT AGREEMENT, the work, the specifications or any feature or
item of performance thereunder. In the event it becomes necessary for CITY to
bring an action to enforce this bond, SURETY shall pay CITY's reasonable
attorney's fees and court costs in connection therewith.
IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this
instrument on the date mentioned on Line 4 of Page 1 hereof.
crkeeCsie 7fri
PRINCIPAL'S SIGIATURE
TAeoalea m.6;
red 5e./cn
PRINT NAME
p klY% od.,sati LAW. utA'Si' Cife. C.L , LLC
v f-S ici wtot
TITLE & COMPANY NAME
PRINCIPAL'S SIGNATURE
PRINT NAME
TITLE & COMPANY NAME
SureTec Insurance Company
SURETY'S NAME
SURETY'S SIG
RE Stephanie Hoang, Attorney -in -Fact
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE 1 189
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 validity of that document.
State of California )
County of ,Orange - )
On __ IY1 11 7 before me. V. Copeland
personally appeared Stephanie Hoang
Naine(s) of Signers)
Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the
within instrument and acknowledged to me that be/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 upon behalf of
which the person(s) acted, executed the instrument
V. COPELAND
Commission # 2046542
Notary PuDlic - California
Orange County
My Comm. Expires Oct 24, 2017 I
Place Notary Seal 4bo‘e
I certify. under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNES N h d and offi. ial seal
6,
Signature 1�!L
tptature of Notary ' AZ -
OPTIONAL
"]hough die information below is not required by law, it may prove valuable to persons relying on the document
and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document.
Document Date
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
Signer's Name. Stephanie Hoang
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner ❑Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other —_
Signer Is Representing.
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name.
❑ individual
❑ Corporate Officer - Title(s):
❑ Partner ❑Limited 0 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing- _
p.,... .-t
POA #: 510006
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Kitow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Eric Lowey, Mark Richardson, Stephanie Hoang, Shawn Blume
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for.
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 10/3112015 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be It Resolved that the President, any Vice -President, any Assistant Via -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -In -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness ”7tereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
Stare of Texas
County of Hernia
ss:
SURETEC INSURANCE COMPANY
By:
John4ox Jr resident
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that be
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that be knows the seal of said Company, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company, and tbet be signed his name thereto by like order.
JACQUELYN MALDONADO
Notary Public
Stets of Texas
My Comm. Exp. 5t111t2011
Jacgltelyn Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURE7EC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
443
Given under my hand and the seal of said Company at Houston, Texas this 2 J day of M a, �b 1S_ A.D.
Breit Beaty, Assistant Secretary
Any Instrument issued In excess of the penalty stated above le totally void and without any validity.
For verification of the authority of this power you may call (713) 812.0800 any business day between 8:00 am and 5:00 pm CST.
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 validity of that document.
State of California
County of _ zie r s ,'al e
On !liR , 20 /S , before me, Ale-, , t„" 3tic d.s e✓` , a
Notary PLCblic, personally appeared rtieodote /%I. . ek,/,.n
who proved to me on the basis of satisfactory evidence to be the person(t) whose
name( islaJe subscribed to the within instrument and acknowledged to me that
he/shefthey executed the same in his/he#their authorized capacity(i94 and that by
his/her/tbeir signature(t-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 State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature i'7CI
KAREN HANSEN
Commission # 2052600
Notary Public - California
Riverside County
41 My Comm. 16, 20114 ... . --•.,,_ Expires Jan wi
CITY OF PALM DESERT
STANDARD FORM
SUBDIVISION
PAYMENT BOND
(LABOR & MATERIALS}
NAME OF SUBDIVISION: The Millennium
NAME OF SUBDIVIDER: Palm Desert University Gateway, LLC
NAME OF SURETY: SureTec Insurance Company
EFFECTIVE DATE: 05/27/2015
AMOUNT OF BOND: $1,453,288.50
BOND NUMBER: 4399817
PREMIUM: $46,192.00
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity or otherwise, named on Line 2 of Page 1 hereof without regard
to gender and number, hereinafter referred to as PRINCIPAL; and the
corporation named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the State of California and presently possessed of authority under
Title 6 of the United States Code to do business under Section 6 to 13 thereof in
the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly
and severely held and firmly bound unto and all materiaimen, persons,
companies or corporations furnishing materials, provisions, provender or other
supplies used, in, upon, for or about the performance of the work contracted to
be executed or performed under the terms of that certain SUBDIVISION
IMPROVEMENT AGREEMENT hereinafter mentioned and all persons,
companies or corporations renting or hiring teams or implements, or machinery,
for contributing to said work to be done, all persons who performed work or labor
upon the same, and all persons who supply both work and materials, and whose
claim has not been paid by PRINCIPAL in the just and full sum mentioned on
Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said
PRINCIPAL and SURETY bind themselves, their heirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION is such that whereas the above -
bounden PRINCIPAL has entered into a SUBDIVISION IMPROVEMENT
AGREEMENT with the City of Palm Desert, a municipal corporation of the State
of California, hereinafter referred to as CITY, for the construction of public
improvements in the subdivision named on Line 1 of Page 1 hereof, which said
SUBDIVISION IMPROVEMENT AGREEMENT is by this reference incorporated
herein:
NOW, THEREFORE, if the above -bounden PRINCIPAL, contractor,
person, company or corporation, or his or its subcontractor or subcontractors,
fails to pay for any materials, provisions, provender, or the supplies, or teams
used in, upon, for, or about the performance of the work contracted to be done,
or for any work or labor done thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work for labor, SURETY on
this bond will pay the same, in an amount not exceeding the sum specified in this
bond, and also, in case suit is brought on this bond, a reasonable attorney's fee
which shall be awarded by the court to the prevailing party in said suit, said
attorney's fee to be taxed as costs in said suit and to be included in the judgment
therein rendered.
This bond is executed and filed to comply with the provisions of the
Subdivision Map Act; and all CITY ordinances, resolutions, rules and regulations
supplemental thereto; and all amendments thereto; and shall inure to the benefit
of any and all materialmen, persons, companies or corporations entitled to file
claims under and by virtue of the provisions thereof.
IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this
instrument the date mentioned on Line 4 of Page 1 hereof.
PRINCIPAL'S SIGNATURE
PRINT NAME
71/ c2.1g6,4L_
PRIN IPAL'S SIGNATURE
7-Act: chee m S-/d /)
PRINT NAME
TITLE & COMPANY NAME TITLE & COMPANY NAME
SureTec Insurance Company
SURETY'S NAME
SURETY'S SIGNA7'O E Stephanie Hoang, Attorney -in -Fact
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notar public or other officer completing this certificate Verifies only the identity oldie individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California
Count) of Orange
On S/M / 1 5 before me. V. Copeland
personally appeared Stephanie Hoang
Name(s) of Slgne►(s)
, Notary Public,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the
within instrument and acknowledged to me that he/she/they- executed the same in hrslher/their authorized
capacity(res), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the instrument
V. COPELAND
Commission iP 2046542
Notary Public - California I
Orange County
My Comm. Expires Oct 24. 20171
Place Nolary Seal Allot
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNES V hand and offic : I scat
Signature
0
Si - alure of `olar Public
OPTIONAL
Though the information below is not required by law. it may prose Valuable to persons relying on the document
and could present fraudulent and rcaitachment of this form to another document
Description of Attached Document
Type or Title of Document:
Document Date
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name Stephanie Hoang
❑ Individual
❑ Corporate Officer - Title(s).
❑ Partner: ❑Limited 0 General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name.
❑ Individual
❑ Corporate Officer - Title(s).
❑ Partner ❑Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing
Rev. 1-15
POAe: 510006
SureTec Insuran-ce Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Eric Lowey, Mark Richardson, Stephanie Hoang, Shawn Blume
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for.
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent es if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 10/31/2015 and is trade under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved that the President, any Via -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Anomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -In -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizance', contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instillment' so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" ojAprll,
1999)
In Wltne; s Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be beret : affixed this 21 st day of March, A.D. 2013.
State of Texas
Counv of Harris
ss:
SURETEC INSURANCE COMPANY
By:
John 1z%x Jr. resident
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company, and that be signed his name thereto by like order.
JACOUELYN MALDONADO
Notary Pubic
State of Trams
My Comm. Exp. 5I18r2017
I1
t
Jacquelyn Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect. n , f �j�
Given under my band and the seal of said Company at Houston, Texas this �� day of ,. d� I5
Bredt Beaty, Assistant Secretary
Any Instrument issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 6:00 pm CST.
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 validity of that document.
State of California }
} ss.
County of ;tiers ,de }
On /i7Qs-r , 20 /5 , before me, fc n.c eA , a
Notary P6blic, personally appeared 'a ode 1Y1. elc/�'n
who proved to me on the basis of satisfactory evidence to be the person(t) whose
name(rw) is/aye subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/heAheir authorized capacity(i, 4 and that by
his/herltheir signature(9-on the instrument the personO), or the entity upon behalf of
which the personNacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (-7/Warrte.,„.,._
KAREN HANSEN (�
Commission # 2052600
Notary Public - California
Riverside County
My Comm. Expires Jan 16, 2018 T
1
DINAN-sno
I
0
�-XAVIE,
cotiptt
PM 36792 MILLENNIUM
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