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HomeMy WebLinkAboutRelease - T36404 Imprvmnt - VP Builders LLCX NA CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE PORTOLA IMPROVEMENT SECURITY FOR TRACT 36404, VILLA PORTOFINO SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANTS: International Fidelity Insurance Company 233 Wilshire Boulevard, Ste. 820 Santa Monica, CA 90401 VP Builders, LLC 2301 Rosecrans Avenue, Suite 1150 El Segundo, CA 90245 BOND NUMBER: 0591828 DATE: CONTENTS Recommendation February 25, 2016 Agreement and Bonds Vicinity Map By Minute Motion, release Portola Improvement security for Tract 36404, Villa Portofino. Background The subject property is located on the southwest corner of Country Club Drive and Portola Avenue. At the time of permit issuance for Portola Avenue street improvements, a faithful performance bond in the amount of $353,742.58 and a labor and materials bond in the amount of $353,742.58 was submitted to the Public Works Department. Street improvements have been completed and staff has recently re -inspected the improvements to insure that they remain as they were when accepted at final inspection. A maintenance bond is not required because improvements have been in place for more than a year. Staff recommends that City Council authorize the release of the faithful performance bond. Staff Report Release Security for Tract 36404, Villa Portofino Page 2 of 2 February 25, 2016 Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Christina Canales, Assistant Engineer Paul S. Gibson, Director of Finance Appr?vale: M. Wohlmuth, City Manager Depa a ead: Mark Grne-iwood, P.E., Director of Public Works CITY OF PALM DESERT STANDARD FORM SUBDIVISION FAITHFUL PERFORMANCE BOND NAME OF SUBDIVISION: Villa Portofino - Portola Avenue and Ultimate Access Road NAME OF SUBDIVIDER: VP- Builders, LLC a Colorado Limited Liability Company NAME OF SURETY: International Fidelity Insurance Company EFFECTIVE DATE: October 25, 2012 AMOUNT OF BOND: $353,742.58 BOND NUMBER: 0591828 PREMIUM: $5.306.00 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. VP - Builders, LLC a Colorado Limited Liability Company PRI AL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME International Fidelity Insurance Company • l 1. SURETY'S SIGNATURE Victoria M. Campbell, Attorney -in -Fact SURETY'S SIGNATURE (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.errrt+turrrcr�kv��rvrt.TavrrarsMa�.rrrrrerorrrvFr:.n*vtrcrar' r.artvmsrt!r{�Ly State of California } See Attached County of �'�''tS+CCi ) On t'Ni +� x' t before me, 6 �' �jofa o.l. K" ie:n wme ere ra a n. m r. personally appeared )" i'i.It, t I t 4 (! i tl nrrola7.1 WrAq.? who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) Is/me subscribed to the within Instrument and acknowledged to me that he/el;ia" executed the same In his/ *Mheeir authorized capac144Q, and that by hisAwAheir signatureje) on the instrument the person(e), or the entity upon behalf of which the person(ff) acted, executed the instrument ANGELA G. NECK e7j'a CCOt1MlMfilskm R 1egm I cerUly under PENAI'f• OF PERJURY under the laws r%� Me" PYbk . CIIff1V*1 of the State of Califorrn3 that the for paragraph :s Rkw" true and correct. 1 Et11Mra ��� WITNESS my ano and of'(cew / lea. Pua Ncary S..1 Abov. Signature L VW isf. c,/"�— l OPTIONAL Though the inlamalion belotv is not regi red by law, d may prove valuable to persons relying on Nv document and could prorent traudulent removal and rearrad m v of -Ns form to another document. Description of Attached /Document { 1 r Title or Type of Document l �t TV of rl f t hn'14 jj Document Dale: Sgner(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual D Corporate Officer — Tlle;s) _ _ __ D Partner —❑ Limited (: General ❑ Attorney in Fact U Trustee Tao d u,'r k, i ❑ Guardian or Conservator I 1 ❑ Other Signer Is Representing Number of Pages: eP Signers Name: U individual U Corporate Officer — Title(s): ❑ Partner — ❑ Limped D General D Attorney in Fact fl Trustee ba of n7„f7kev C'. Guardian or Conservator 0 Other* Signer Is Representing: wM�tinlive M�WnY .Prat.nyfw✓.I.an.il.M.aFa�..YA.i�v W..S/.W✓.lnitilf..L Wtih.1rVYA'. - - :r1M1i,�.Lva�nA.n.w.YNaA 02Da7MA �IMAaryA.Wat-rMD@SW*Aw.POeo.24W-rA ra W CA 9+9172402•.wiwkCr:n Wk iv.rp Ikt W07 r+ dv C.ITD9n..I W0.878aV CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oranae OCT 2 5 2012 On before me, Kim Heredia, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC personally appeared Victoria M Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) islafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/theif authorized capacity(ies), and that by his/her/the# 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. KIM HEREOIA rx�"i�.A Commission # 1945397 Z ;i a Notary PublIC - California z\ Orange County My Comm. Expires Jul 24, 2015 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not requ,red by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S� MITY(I S)� DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES OCT 2 5 2012 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CITY OF PALM DESERT STANDARD FORM SUBDIVISION PAYMENT BOND (LABOR & MATERIALS) NAME OF SUBDIVISION: Villa Portofino - Portola Avenue and Ultimate Access Road NAME OF SUBDIVIDER: VP- Builders, LLC a Colorado Limited Liability Company NAME OF SURETY: International Fidelity insurance Company EFFECTIVE DATE: October 25, 2012 AMOUNT OF BOND: $353,742.58 BOND NUMBER: 0591828 PREMIUM: Premium included in Performance Bond 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 materialmen, 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. VP s, LL a Colorado Limited Liability Company P") J"CIPAL'S SIGNATURE PRINCIPAL'S SIGNATURE C � y PRINT NAME PRINT NAME TITLE & COMPANY NAME TITLE & COMPANY NAME International Fidel ty Insurance Company SURETY'S SIGNATURE Victoria M Campbell, Attorney -in -Fact SURETY'S SIGNATURE (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached) CALIFORNIA ALL -(PURPOSE ACKNOWLEDGMENT State of California County of -12MM, ��- On JOVI°M 6 1 , before me, polo personally appeared 12UC� 6. See Attached �� t�° f pjblOIhCR t U ' I - t Oro Inse t Name o A of F�xr fbru Numo(a) of Signor(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) Is/ace subscribed to the within instrument and acknowledged to me that heA&heAhW executed the same in his/per/their authorized capacityfies), and that by hisAh-- tFieir signature(e) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. ANGELA G. HECK I certify under PENALTY OF PERJURY under the laws CotntnGELA tY ECO43s of the State of California that the foregoing paragraph is issionNOWV Publk . Ch at true and correct. Rfwr" C"* WITNESS my hOnd and fici�ll seal. Mf Cotttfu. kfft J � Signature ` Place Nolary S9a1 Above S�gnalwr/ol Noltuy Pubic OPTIONAL Though the information below Is not required by law, it may Provo valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: „� I r' Wit; s = - djr.k4i f4 i i i c;s^�:.t:,i )!{rlt;tt; &!oo' , �'.LK Document Date: Number of Pages- Signer(s) Other Than Named Above: Capacity(Iles) 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: Signer's Name: ❑ Individual ❑ Corporate Officer — Tille(s): r ri Partner — G Limited ❑ General • (1 Attorney in Fact Top of IN mh r:cro (_I Trustee Guardian or Conservator ❑ Other: Signer Is Representing: mtuw lop of th-.rmb he e 020g7 Notonal Notary Aaaoea'von • WSO Oa Solo Avo . P.O Gcx 2402. • CrwlwmNr CA 91319.2402• w. W N..L:nalNM.lry^rg Iem e5907 Roorcor Ce I Ttl' Flee 14M.076 GOP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California Orange OCT 252012 On before me, Kim Heredia. Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Victoria M Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that tie/she/trey executed the same in his/her/their authorized capacity(ies), and that by #is/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. KIM HAER�EDIA Commission # 1945397 Z -o Notary Public - California i tip. " Orange County My Comm Expires Jul 24, 2015, WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent realtachme^t of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DO7 4470141 h44e kt PlS W DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES OCT 2 5 2012 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Te6(973) s24-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office In the City of Newark, New Jersey, do hereby constitute and appoint MELISSA NICOLE TETZLAFF, CHRISTINA JOHNSON, LINDE L. HOTCHKISS, ERIK JOHANSSON, I LISA CLARK, KIM E. HEREDIA, VICTORIA M. CAMPBELL i Los Angeles, CA. their true and lawful attomey(s}In-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other wd& s obligatory m the nature thereof, which are or may be allowed, required or permitted by law, statute ruler Uon contract or otherwise and the execution of such instrumen s) in pursuance of these presents, shall be as birxiing upon the sold INf ERfSA �IDELiTY INSURANCE COMPANY and ALLEGHENY CASUALT( COMPANY, as fully and amply, to all Intents and purposes, as if the same had been duty executed and acknowledged by their reegularly elected officerrss at their principal offices. y r� By -Laws This Power and ALLEGHENY CCAASUA TY COMPANY and Is granted under ant io a d bj+ auu�thortty of the kftWWnnge oresolutioEnadoppteedd INTERNATIONAL theDEBLoa�rd INSURANCE SDirecttoorrsE of INTERNATIONAL NTE N COMPLY FIDELITY INS RAduly eEld o�� day meeting of duly held on the 20th day of July, 91D and by the Board "rectors of ALLEGHENY "RESOLVED that (1) the President, Vice President, or Secretary of the 20oCarporatlon shell have the war to appoint, and to revoke the appointments of, Attorneysdn-pact or aaggeannis with power and authority as defined or limited in their respective powers of ettomey, and to execute on behalf of fie Corporation and aftthe Corporaffon's seal thereto, bonds undertakings, recognizances. contracts of Indemnity and other written obligations In the nature thereof or related thereto; and (2} an such Otficers of the Corporation may appoint and revoke the �p�ntrnenfs of Jointcontroi custodians, agents for acceptance of s, and Attomeys-�n-faact wNh authority to execute waivers anr7 consents on behalf of 'the Con oration; and (3) the slgnehrre oiany such Officer of the poretbn and the CorporalJon's seal may be affixedb� facsimile to any power of a��y or c tbn given for the executor of any bond, undertaking, r nlzance contract of IndemNt�yy or other written oWlgatbn d the nature tiered or related thereto, such signature and seals vfien so used wtcelher here fore or {hereafterp hereby adopted fly the Corporation as the9 rigkhal signature of such officer and the original seal d the Corporation, to he valid and binding upon the Gho atlon with the same rce and effect es thou h rthanua affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex Executive Vf ce�RPresi e i IChieR Operating Officer (International Fidelity Casualty Qxnlp n) y) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said Instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .•a•�wa. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. r•' ::�Q�y a..' r "'yam �F Nt~N �•��• �� U A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27.2014 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companles as set forth In said Power of Attomey, with the originals on file in the tome office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of O C T 2 5 2012 je - MARIA BRANCO, Assistant Secretary SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: /V u ve'y be - 02-, 20 / ?:: NAME OF SUBDIVIDER: V P Gv; I t o c, Cb 1 o roAo 1n i M I Teed L 'c b �I (referred to as "SUBDIVIDER"). C o t-A L Y'-) NAME OF SUBDIVISION: VILLA PORTOFINO LOTS: 1-5, A-F (referred to as "SUBDIVISION"). TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2 _ C , (TM No: 36404) (referred to as "Resolution of Approval') IMPROVEMENT PLANS APPROVED ON: (referred to as "Improvement Plans") ESTIMATED TOTAL COST OF IMPROVEMENTS:$ ESTIMATED TOTAL COST OF MONUMENTATION: SURETY: BOND NOS: SURETY: + ., T� rYl `T -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 SUBDIVIDER. RECITALS RMPUBOJEU 597 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 California 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, certain improvement work, including the construction of a temporary emergency vehicle/permanent secondary access road across Lot 3 and Lot 4 as set forth on the final map as specified in the conditions of approval of the Resolution of Approval (the "Secondary Access Road") and the construction of certain street improvements along Portola Avenue as specified in the conditions of approval of the Resolution of Approval (the "Portola Improvements"), required RMPUB DR-11597 -2- 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 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, including the Secondary Access Road and the Portola 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 survey monuments 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. RMPUB1 M159) -3- 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. 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 Obliqation 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 prior to issuance of any additional building permits for the project, temporary improvements to the Secondary Access Road for Emergency Vehicle Access, including: 1. The intersection with Portola Avenue/driveway approach shall be fully improved. 2. The centerline of the temporary improvements must be aligned with the property line between Lots 3 and 4 on the final map. 3. A crash gate with knox box shall be constructed at the intersection with Villa Del Pellegrino. 4. The bank along the north side of the access road shall be cut back to a slope no steeper than 3:1. RMKJBNDJE\1597 -4- Within two years from the date of execution of this agreement, but prior to the issuance of any building permits within either Lot 3 or Lot 4 of the TTM, the following improvements shall be completed at the SUBDIVIDER'S own expense: 1. The Portola Improvements. 2. All permanent, full improvements to the Secondary Access Road, which intersects with Portola Avenue, as required by the project approvals. All improvement work required by the Resolution of Approval shall be in conformance with approved Improvement Plans. 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 and private improvements, including the Emergency Vehicle/Secondary Access Road and Portola Improvements, in conformity with the Improvement Plans. (d) Acquire, or pay the cost of acquisition by CITY, and dedicate, or cause to be dedicated, all rights -of -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 as set forth in the Amended and Restated Development Agreement for the project between, among other parties, SUBDIVIDER and CITY (Development Agreement). 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, unless a time extension is granted by the CITY as authorized in Section (22). RMPUBVIEW97 C, _ (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 Riahts-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. (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. RMPl181 M1597 -6- (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 famishing 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)(0 for a 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 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. It MPUMME1 1397 -7- (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 or require replacement or supplement of 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. Subject to the terms of the Development Agreement, 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 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 RMPuMMM597 _ g . 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 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. RMPUMMEM97 _ 9 (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) Iniury 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 monuments which are destroyed or damaged as a result of any work performed by or for SUBDIVIDER 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 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 RMPUBUME\I597 -10- 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, (1) SUBDIVIDER's failure to timely commence construction of the improvements as required by this Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements as required by this agreement; improvements; (3) SUBDIVIDER's failure to timely cure any defect in the (4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of actual construction 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 thirty (30) days; (6) the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) SUBDIVIDER's failure to perform, after any applicable cure period, any other material obligation under this Agreement. RMPUROJEA597 - 11 - (b) CITY reserves to itself all remedies available to it at law or in equity for any material default 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 material 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 actual 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 if such default then remains uncured, 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 temporary possession of, and utilize in completing the work, such materials, appliances, plants and other property 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 RMPUBIDJE11597 - 12 - SUBDIVISION, or to rescind the approval or otherwise revert any unbuilt portion of 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 furnished. 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 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 if such default then remains uncured, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or RMPUB1D1E11597 - 13 - replacements to be made before SUBDIVIDER can be noted, 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. 01) SUBDIVIDER Not Aqent 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) Iniuryto 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, loss 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 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 RMPUBOJE11597 _ 14 _ 1 ,. 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 Aqreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or 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 RMPUBAAE ' 597 -is- provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. (15) SUBDIVIDER'S Obliqation to Warn Public Durinq 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) Vestinq 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 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 loss arising out of the sole active RMPUMMIAI597 -16- 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 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 of any public improvements. 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 to this RMPUB1D1E\1597 -17- 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 Obli4ations. 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. In the event good cause exists RMPUBUB1 se7 —18 — 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 SUBDIVIDER'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 unreasonably 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 Vestinq 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: RMPUBU01597 Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to SUBDIVIDER: V � � . v %n-^ V C. ,n 3.0 fri Fv- r A ncs C"a /'-4 �2_;70 Notice to SURETY: V1CII'c1V) C-1 I+ 1•� t l 1-T V-\.Sv fc- CO J rnan I � I A G d y v 1 (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. (26) 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. (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 attorneys' fees. (29) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. RMPUB\U1FZI397 -20- , (30) 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. (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. (33) No Third Partv Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City. No other person or entity shall have any right of action based upon any provision of this Agreement. RMPUROJEM597 _ Z i - IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. j' CITY OF PALM DESERT '8UBDIVIDEfj la SUBDIVIDER (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY RMPURUB1547 -22- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •a �.aA•.rn•.t�r .......... .., w. w.t.�..���.C-'niTP.L'ltlY�+tMv 1•r�ia••n•.fJAih'�lfA.iri'JlrA.iSP.7sC.2.f1^2£�ESi':R%..w :v.v;�.v,yq.•..;Yx:vr..J State of California r County of 721'1lent a ie" ' 1. a0l� before me, ( OTUYV a".'(' On �(pVt?+MiO a. Hem Inver N(me and Tile of I 016cer personally appeared �t�l C• F� r,e rQ Nwrote) of Siro4a) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(a) isAmo subscribed to the within instrument and acknowledged to me that he/~hey executed the same in hisA*Otheir authorized capacity(ies), and that by hisiierfiheir sgnature(Q on the instrument the personal, or the entity upon behalf of which the persor4) acted, executed the instrument. t>1NGELA G. HECK I certify under PENALT OF PERJURY under the laws CoatnM{dea 118M33 of the State of Califor that the oregoing paragraph is Mary Pdk - Cawwm true and correct. �` ; rX Vj WITNESS my ha n ci e Signature Neee Wary Bea) Above Signature of uy Publx OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttachedDocument J Title or Type of Document:bc�tvl&a,n t`i7tieey /�{rii►ZQ_.�___ _. . Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer — Title(s): O Partner — O Limited O General O Attorney in FactCJ e Trustee Top of thumb here O Guardian or Conservator 0 Other: Signer Is Representing: to Signer's Name: ❑ Individual O Corporate Officer—Title(s): O Partner — D Limited O General O Attorney In Fact • ' Trustee Top of Yrrmb he'e O Guardian or Conservator ❑ Other: Signer Is Representing: :«�.wa.��,:�vun+srvye�.an,as�.t.h.Wr •.: • , •.: �„hn..arA.+rvmn.sn.sw.sn,sn:a:aad,a.1.Ln.,.�.►..aa.s.1.�r..a�.an..,.:.aw.L.;y+.,a+�.ka:le�aa+>Cr.Y.. 02007NoUwalNoWryAa000llon•9350DuSato Am, AaBox 2402•ClrelawrM.CA91313.2M2-WWKNaf;'WfA ryap RmKe07 ReowerCal lb&Froe14MO76-gs27 PORTOLA AVENUE IMPROVEMENTS ITEM DESCRIPTION 1 5' AC PAVEMENT OVER 10- AB 2 8' CURB AND GUTTER 3 GRADING 4 STRIPING REMOVAL 5 STRIPING LANE LINE 6 STRIPING DOUBLE YELLOW 7 8' MEANDERING SIDEWALK SUBTOTAL PORTOLA AVENUE IMPROVEIIENTS ULTIMATE ACCESS ROAD f ITEM DESCRIPTION I 1 3~ AC PAVEMENT OVER 4' CLASS II AG BASE I 2 8' CURB AND GUTTER 3 CROSS GUTTER TYPE II 4 SAW CUT AND SMOOTH JOIN 5 PROTECT IN PLACE 6 REMOVE EXISTING AC PAVEMENT 7 RIGHT EDGE LINE PER CA. MUTCD DETAIL 27B 8 CURB RAMP 9 5' AC PAVEMENT OVER 10' AG BASE t0 6' CURB AND GUTTER 11 8' AC DIKE 12 NOT USED 13 8` CURB 14 NOT USED 15 'EMERGENCY VEHICLES ONLY' SIGN 16 ELECTRIC CRASH GATE WITH KNOW BOX 17 BELOW SURFACE ANCHORS WITH FLEXIBLE POST CHANNELIZERS WITH WHITE RETRO REFLECTORS SPACED AT 5' OC. GRADING SUBTOTAL ULTIMATE ACCESS ROAD SUBTOTALS PORTOLA & ULTIMATE ACCESS 20% CONTINGENCY TOTAL FM PORTOLA A ULTIMATE ACCESS RD x� �8 i 'A" UNIT QUANTITY UNIT COST TOTAL COST SF 15,100 $5.00 $75.600.00 LF 840 $13,80 $11,592.00 CY 2,180 $3.85 $8,393.00 LF 4,500 $0.50 $2.260.00 LF 3.000 $1.00 $3,000.00 LF 3,000 $2.00 $8,000.00 SF 7.200 S5.00 $36,000.00 6142,73SA0 UNIT QUANTITY UNIT COST TOTAL COST SF 23,200 $2.05 $47,660.00 LF 38 $13.80 $524.40 SF 2,708 S7.51 $20,337.08 LF 262 $2.00 $624.00 NIA $0.00 SF 5,160 $0.75 S3,870.00 LF 450 $1.00 $450.00 EA 2 $750.00 $1,500.00 SF 4,950 $5.00 $24.750.00 LF 1,145 $12.80 $14,656.00 LF 53 $6.00 $424.00 WA 0 $0.00 $0.00 LF 120 $12.00 $1,440.00 N/A 0 $0.00 $0,00 EA 2 S250.00 $500.00 EA 1 $20,000.00 S20,000.00 EA 5 $100 00 $500.00 CY 3.900 S3.85 $15,015.00 ><484,785.4S ltM742.58 Page 2 of 2 1111.'1=�=. �i��■111111 0