HomeMy WebLinkAboutRelease - T31676 - Cornishe of BighornCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR TRACT 31676, CORNISHE
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANTS: RLI Insurance Company
PO Box 3967
Peoria, IL 61612
Cornishe of Bighorn, LLC
c/o Barrel Ten Quarter Circle Land Company, Inc.
PO Box 789
Ceres, CA 95307
BOND NUMBER: CMS 251563
DATE: February 11, 2016
CONTENTS: Agreement and Bonds
Vicinity Map
Recommendation
By Minute Motion, release security for tract.
Background
The subject property is located behind the gates of Canyons at Bighorn west of Indian
Cove on the south city limit. At the time of grading permit issuance, a faithful
performance bond in the amount of $54,940 and a Labor and Materials bond in the
amount of $27,470 were submitted for onsite grading. All grading has been completed.
Staff recommends that City Council authorize the release of the faithful performance
and labor and materials bonds for Cornishe.
Staff Report
Release Security for Tract 31676, Cornishe
Page 2 of 2
February 11, 2016
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By:
6UVA--:�)
Christina Canales, Assistant Engineer
Paul S. Gibson, Director of Finance
Approval:
J n M. Wohlmuth, City Manager
V
Depa a ad:
G
Mark G(eebwood, P.E.,`
Directoi I Public Works
KNOW ALL MEN BY THESE PRESENTS:
That we, Comhfie of Bighorn, LLC
and RLI Insurance Company
laws of the State of Illinois
as Surety, are held and firmly bound into
City of Palm Desert
BOND NO. CMS 261583
$ 330.00 Premium
GRADING PERMIT
PERFORMANCE BOND
, as Principal,
a corporation organized and doing business under and by virtue of the
and duly licensed to conduct a general surety business in the State of California
as Obligee, in the sum of Fifty Four Thousand Nine Hundred Forty
($ 54,940.00 ) Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT.
WHEREAS, the above named Principal, asp condition of the fili�r� of the °raai°9 Permit map of (Tract/Parcel) el) Map No.31t)7t)
Cornishe at Bighorn (Roug Grading i, Street Perm Fees)
Indian Cove, Palm Desert, said Permit
92g60 en into . with said Obligee to complete the improvements specified in
said Permit
NOW THEREFOR$ the condition of this obligation is such, that if the above Principal shall well and truly perform fle —it
improvements: during the original tent thereof or of any extension of said tern that may be granted by the Obligee with or without
notice to the Surety, this obligation shall be void, otherwise it shall remain in hill force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and suested by its duly authorized Attorney -in -Fact at Rancho Cordova
California, this 16th
"PRINCIPAL"
day of November
"SURETY"
2012
vem
Comishe of t
LC RLI Insurance any+
By:
BY: Y
Fre T Franzi , Manager Attorney -in -Fact
t3-1206 (CA) (iEV.1101)
ACKNOWLEDGMENT
State of California
County of Sacramento
11/15/12 Tina S. Salas Notary Public
On before me, � rY
(insert name and title of the officer)
personally appeared David Weise ,
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/herttheir 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 of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. TINA S. SALAS
cones. a1eiza
NOTARY PUBLIC •F�/J�4Amp JAM 2013
Sign wA-,, (Seal) FIRCrSACRAMENTO
'
ACKNOWLEDGMENT
State of California
County of Si7a.Y, i s.l^4A..S
On before me, � A ,&%g 111Dbnw, fo wb ,`
(insert name and tille of the officer)
personally appeared 3Jti•t.� "��`
who proved to me on the basis of satisfactory evidence to be the person{-*) whose name(e) is/am
subscribed to the within instrument and acknowledged to me that he/sba►iWy executed the same in
his/hoWAsir authorized capacity(i%), and that by his/hodUwir signature¢-*) on the instrument the
person(, or the entity upon behalf of which the person(,q) 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.
0080"F'V-
110T WITNESS my hand and official seal. ftwomb
MCity r
Signaturetft)""a . (Seal)
BOND NO. CMS 251563
PREMIUM INCLUDED
IN PERFORMANCE BOND.
GRADING PERMIT
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we Comishe of Bighorn, LLC , as Principal,
and RL� Insurance company , a corporation organized and doing business under and by virtue of the
laws of the State of Illinois and duly licensed to conduct a general surety business in the State of California
as Surety, are held and firmly bound unto
City of Palm Desert
as Obligee, in the sum of Twenty Seven Thousand Four Hundred Seventy
fS zf,4iu.uu 1 Dollars, for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT.
WHEREAS, the above named Principal, has ,applied for Grading Permit (s) which are made a part of this bond, with the
City of Palm Desert as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 31676 Comishe at Bighom- Indian Cove, Palen Desert, CA 92280 , as required
by the Government Code of California. (Rough craning ana street Permit Fees)
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or famishing labor and materials to them for the improvement required by said
Permit , the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code
of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons
renting equipment or famishing labor or materials to them for the improvement. Notice of extension of time for completion is waived
by the Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Rancho Cordova
California, this 15th day of November
"PRINCIPAL"
Comishe of Big , LLC
By:
Fre Tt Frani a, Manager
IatssstcnitRev irotl
"SURETY"
RLI Insurance Com y
BY:
�vld watse,
2012
Yana
V
Attorney -in -Fact
State of California
County of Sacramento
On 11/15/12
ACKNOWLEDGMENT
before me, Tina S. Salas, Notary Public
(insert name and title of the officer)
personally appeared David Weise
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 upon behalf of which the person(s) 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. TINA S. SALAS
COMM 01829728
NOTARY /U M • CAUFORNIA
SACRAMENTO COUNTY
Comm- Ex JAN 6, 2013 T)))
Signa (Seal)
ACKNOWLEDGMENT
State of California
County of
On �k 2n a _ before me;&��
(insert name and title of the offic i*)
personally appeared J 'l 1-4--- ,
who proved to me on the basis of satisfactory evidence to be the person( whose namdK is/am
subscribed to the within instrument and acknowledged to me that he/soy executed the same in
his/hea4' & authorized capacity(il"), and that by his/heF&eipsignature(s) on the instrument the
person. or the entity upon behalf of which the persons 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 k4mtk�cz - (Seal)
IANIMILFAM
Comnaton 1191494
NloWy Prblk `CaN OM14
sowsk" Cady
Comm. Exok�s Dec N0 2014
RLI Surety
RL1 P.O. Box 3967 1 Poona, IL 61612-3967
Phone:(800)645-2402 1 Fix.(309)689-2036
www.rlicorp.com
Know AU Men by These Presents:
POWER OF ATTORNEY
RLI Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint:
David Weise. Nicki Moon. iointly or severally
in the City of Rancho Cordova , State of California its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company, and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company, The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 24th day of March 2011
;ncE.... .
`;`moo, oyq,.
v CORPORA;-,
SEAL.
State of Illinois ) �.'���,(,N,0�5",,`
} SS
County of Peoria
On this 24th day of March 2011 , before me, a Notary Public,
personally appeared Roy C. Die , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and acknowledged said instrument to
be the voluntary act and deed of said corporation.
By: �A.
Cherie L. Montgomery
RLI Insurance Company
By: �' �.� -+
Roy C. Di Vice President
CERTIFICATE
1, the undersigned officer of RLI Insurance Company, a stock
corporation of the State of Illinois, do hereby certify that the attached
Power of Attorney is in full force and effect and is irrevocable, and
fiuthermore, that the Resolution of the Company as set forth in the
Power of Attorney, is now in force. In testimony whereof, I have
here untoQ et my han eal RLI Insurance Company
this IS &y of
Notary Public RLI Insurance Company
..................
swLl.4 "OFFICIAL SEAL"
'Pt" F CHERIE L MOWGOMERY By:
�+ cOMMUOa exwtEs 02/0 I Roy C. Di Vice President
n4362100mi M
A0058707
Company Profile
Page I of 2
Company Profile
RLI INSURANCE COMPANY
9025 N LINDBERGH DR
PEORIA, IL 61615
800-331-4929
Former Names for Company
Old Name: UNITED FOUNDERS NAT'L INS CO Effective Date: 10-19-1973
Agent for Service of Process
LISA SIRMAN, 801 S. FIGUEROA STREET SUITE 200 LOS ANGELES, CA 90017
Unable to locate the Aeent for Service of Process?
Reference Information
NAIC #:
NAIC Group #:
California Company I #:
Date authorized in California:
License Status:
Company Type:
State of Domicile:
13056
0783
2027-1
December 09, 1970
UNLIMITED -NORMAL
Property & Casualty
ILLINOIS
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of any of these
terms, please refer to the elossarv.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
httn•//intPrartivP wPh inmranrP ra onv/wAncPr/irlh rn nrnf ntl 0yet c•n nrnf2n Fli)=5765 12/13/2012
GRADING ONLY AGREEMENT
DATE OF AGREEMENT: , pg.�,rr,ls,t�v 5 , 20 11.
NAME OF OWNER/DEVELOPER Cornishe of Bighorn, LLC
(referred to.as "GRADER").
PROPERTY (MAP AND PARCEL NO.): 31676 No. of Lots: 4
(referred to as "PROPERTY").
GRADING PLANS APPROVED ON:
(referred to as "GRADING PLANS").
ESTIMATED TOTAL COST OF GRADING:$ 219, 000
SURETY:
BOND NOS: CMS 251563
SURETY: ' RLI Insurance Companv
-OR-
IRREVOCABLE STAND-BY LETTER OF CREDIT NO.
FINANCIAL INSTITUTION:
-OR-
CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:
FINANCIAL INSTITUTION:
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
GRADER.
RECITALS
A. In consideration of the approval of the Grading Plans for the PROPERTY by
the City. Council, GRADER desires to enter into this Agreement, whereby GRADER
promises to complete, at GRADER's own expense, all the grading work required by CITY in
connection with the proposed PROPERTY. GRADER has secured this Agreement by
grading security required by the City and approved by the City Attorney.
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B. GRADING PLANS for the grading of the PROPERTY have been prepared by
GRADER and approved by the City Engineer. The GRADING PLANS numbered as
referenced previously in this Agreement are on file in the Office of the City Engineer and
are incorporated into this Agreement by this reference. All references in this Agreement to
the GRADING PLANS shall include reference to any specifications for the improvements
as approved by the City Engineer.
C. An estimate of the cost for grading and performing land development work in
connection with the grading according to the GRADING 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.
D. CITY has adopted standards for the grading of property within the CITY. The
GRADING PLANS have been prepared in conformance with CITY standards in effect on
the date of the approval.
E. GRADER recognizes that CITY and adjacent properties may be damaged by
GRADER's failure to perform its obligations to complete approved grading 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 GRADER.
NOW, THEREFORE, in consideration of the approval by the City of the GRADING
PLANS, GRADER and CITY agree as follows:
(1) GRADER's Obliqation to Complete Gradinq.
GRADER shall:
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(a) Complete at GRADER's own expense, all the grading required by the
Approval in conformance with approved GRADING PLANS within one year from date of
execution of this Agreement; provided however, that the grading shall not be deemed to be
completed until approved by City Engineer as provided in Section 4 herein.
(2) Security.
GRADER shall at all times guarantee GRADER's performance by furnishing to
CITY, and maintaining, good and sufficient security as required by the CITY 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
grading in an amount of 25% of the estimated cost 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 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 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.
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(3) Alterations to GRADING PLANS.
(a) Any changes, alterations or additions to the GRADING PLANS not
exceeding ten percent (10%) of the original estimated cost of the improvements, which are
mutually agreed upon by CITY and GRADER, 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, GRADER shall
provide grading security for faithful performance as required by Section (3) of this
Agreement for twenty-five percent (25%) of the total estimated cost of the grading as
changed, altered, or amended, minus any completed partial releases allowed by Section
(6) of this Agreement.
(b) The GRADER shall complete the grading in accordance with CITY
standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to
modify the standards applicable to the PROPERTY 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 GRADER requests and is granted an extension of time for
completion of the grading, CITY may apply the standards in effect at the time of the
extension.
(4) Inspection. GRADER shall at all times maintain proper facilities and safe
access for inspection of the grading by CITY inspectors. Upon completion of the work,
GRADER 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 grading. When applicable law requires an
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inspection to be made by City at a particular stage of the grading, CITY shall be given
timely notice of GRADER's readiness for such inspection and GRADER shall not proceed
with additional work until the inspection has been made and the work approved. GRADER
shall bear all costs of inspection and certification.
(5) 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 approved of the act or work.
(6) Injury to Public Improvements, Public Property or Public Utilities Facilities.
GRADER shall replace or repair or have replaced or repaired, as the case may be, all
public improvements, public utilities facilities and surveying or property monuments which
are destroyed or damaged as a result of any work under this Agreement. GRADER 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 California, 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.
(7) Permits. GRADER shall, at GRADER's expense, obtain all necessary
permits and licenses for the grading, give all necessary notices and pay all fees and taxes
required by law.
(8) Default of GRADER.
(a) Default of GRADER shall include, but not be limited to,
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(1) GRADER's failure to timely commence the grading;
(2) GRADER's failure to timely complete grading;
(3) GRADER's failure to timely cure any defect in the grading;
-(4)-GRA Fa' s f0ure to perform-sw
(5) GRADER's insolvency, appointment of a receiver, or the filing of
any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge
within thirty (30) days;
(6) the commencement of a foreclosure action against the PROPERTY
or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or
Agreement.
(7) GRADER's failure to perform any other obligation under this
(b) CITY reserves to itself all remedies available to it at law or in equity for
breach of GRADER'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 GRADER. 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
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 security may be used
by CITY for the completion of the grading in accordance with the GRADING PLANS
contained herein.
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In the event of GRADER's default under this Agreement, GRADER authorizes CITY
to perform such obligation twenty (20) days after mailing written notice of default to
GRADER and to GRADER'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
GRADER, and GRADER'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 belonging to GRADER as may be on the site of the work and necessary for
performance of the work.
(c) Failure of GRADER to comply with the terms of this Agreement shall
constitute consent to the filing by CITY of notice of violation against the PROPERTY. The
remedy provided by this subsection (c) is in 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 shall be in the discretion of CITY.
(d) In the event that GRADER fails to perform any obligation hereunder,
GRADER 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 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 GRADER.
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(9) GRADER Not Aqent of CITY. Neither GRADER nor any of GRADER's
agents, contractors or subcontractors are or shall be considered to be agents of CITY in
connection with the performance of GRADER'S obligations under this Agreement.
(10) 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 GRADER, its agents, or employees, contractors and subcontractors in the
performance of this Agreement. GRADER 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 omissions of GRADER, its agents, employees,
contractors and subcontractors in the performance of this Agreement, except for such
claims, demands, causes of action, liability, or loss 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 grading of the PROPERTY, and in
addition, to adjacent property owners. Approval by CITY of the grading 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 performance of grading, regardless of any
negligent action or inaction taken by CITY in approving the plans, unless the particular
design was specifically required by CITY over written objection by GRADER submitted to
the City Engineer before approval of the particular grading design, which objection
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indicated that the particular grading design was dangerous or defective and suggested an
alternative safe and feasible design.
GRADER 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.
(11) Personal Nature of GRADER'S Obliqations. All of GRADER's obligations
under this agreement are and shall remain the personal obligations of GRADER
notwithstanding a transfer of all or any part of the property subject to this Agreement, and
GRADER shall not be entitled to assign its obligations under this Agreement to any
transferee of all or any part of the property 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 of this
Agreement and a substitution of security. Upon approval of the novation and substitution
of securities, the GRADER may request a release or reduction of the securities required by
this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under
Section (18) for the work or improvement done by GRADER.
(13) Time of the Essence. Time is of the essence in the performance of this
Agreement.
(14) Time for Commencement of Work, Time Extensions. GRADER shall
commence substantial grading required by this Agreement not later than six (6) months
after the date of this Agreement. In the event good cause exists as determined by the City
Engineer, the time for commencement of grading hereunder may be extended for a period
or periods not exceeding a total of two (2) additional years. The extension shall be
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executed in writing by the City Engineer. Any such extension may be granted without
notice to GRADER'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 GRADER
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 GRADER could not have
reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER,
shall constitute good cause for and extension of the time for completion. As a condition of
such extension, the City Engineer may require GRADER 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.
(15) No Vestinq of Rights. Performance by GRADER of this Agreement shall not
be construed to vest GRADER's rights with respect to any change in any zoning or building
law or ordinance.
(16) 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:
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Notice to CITY: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: Public Works Director
Notice to GRADER: Cornishe of Bighorn. LLC
c/o Barrel Ten Quarter Circle Land Company, Inc.
P.O.Box 789
Ceres, California 95307
Notice to SURETY: RLI Insurance Company
P.O.Box 3967
Peoria, Illinois 61612
(17) Compliance With Laws. GRADER, its agents, employees, contractors and
subcontractors shall comply with all federal, state and local laws in the performance of the
grading required by this Agreement.
(18) Severability. The provisions of this Agreement are severable. If any 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.
(19) 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.
(20) 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 attorneys' fees.
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(21) Incorporation of Recitals. The recitals to this Agreement are hereby
incorporated into in the terms of this Agreement.
(22) Entire Aqreement. 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.
(23) Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California.
(24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement
shall be in the County of Riverside, State of California.
IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor.
Corn is a of Bigho n, LLC
CITY OF PALM DESERT
GRADEIR By: Fred T. Franzia,
Manager
By:
GRADER MAYOR
(Proper Notarization of
GRADER's signature is
required and shall be attached)
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IV
RWUBkvcM760
ATTEST:
CITY CLERK -
APPROVED AS TO FORM
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CITY ATTORNEY
c:\Documents and Set tings\Robert -Hargreaves \My Documents\PAL14 DESERT - Grading Agreement.doc k
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Slate of California County of 15Z+ZA, n \ f—, I j S
On 12►007' O�+s before me, z i(�
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personally appeared Z . �Y o
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who proved to me on the basis of satisfactory evidence to
be the persorl(c) whose nameM Islamsubsctibed to the
wtlhin instrument and acknowledged to me that
ha4heAhay executed the same in hisMaWt+alr aulfwrized
capadtyQ ), and that by hislhaailltair stgrlalure(Q on the
instrument the pemon(s), or the entity upon behall of
which the persons) acted, executed the InstrumenL
I oenify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct
WITNESS my and and ofi)clal seal _JT,q�
Signature
tin Wiry a"Artie ell
OPTIONAL
Thowh Me kdorrrraBan Dhow Is not rapuW by Iw.: N may pore rnkew b penom rayery on (he docvrwM
and CM& prerenr harrdurenr rwnmW and resoedtmerx of rhte b" ID anprhr documenr.
Description of Attached Dmenl
oc Title or lype of Durnerlt: 1_�jds �
Doamera Dais: _ � i I- a&s
Signer(s) Other Than Named Above,
CapaclWles) Claimed by Signer(s) s
Signer's Name: Signers Name
O individual 0 indlViduel
O Corporate Officer — Ttae(s): O Corporals aster — nile(s).
O Partner —C Umaed O General O Partner — O Umkod D General
O Attorney in Fact O Attorney In Fad
O Trustee roe ate"r° Awe O Trustee of aaee ��
O Guardian or Conservator I ❑ Guardian or Conservator
O Dow O Othw -
Signer is Representin7,
Slpnen is liepresen&V
OeeW llOrn/Mtrr�bl•af0 Delfeb M�4IItl „o•OMIralG ellill2elQ•1'wwM-�1'� �IaOn AM�1rC/M�+�il�atp
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C:\Documents and Sett:nge\Robert.Hargreavee\My Documents\PATH DESERT - Grading Agreement.doc
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1. 8,016
TRACT No. 31676
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