HomeMy WebLinkAboutRelease - Cado El Paseo Prjct - Cado El Paseo 930-:�L W
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR CADO EL PASEO
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANTS: Cado El Paseo 930, LLC
c/o Capstone Advisors, Inc.
1545 Faraday Avenue
Carlsbad, CA 92008
TRUST DEPOSIT
NUMBER: TD 5364
DATE:
CONTENTS
Recommendation
March 10, 2016
Agreement
Trust Deposit
Vicinity Map
By Minute Motion, release security for Cado El Paseo.
Backaround
The subject property is located at 73930 El Paseo between Portola Avenue and San
Luis Rey. At the time of permit issuance, a cash deposit in the amount of $5,280 for
faithful performance and $2,640 for labor and materials for sidewalk improvements was
accepted. All construction is complete and has been reviewed and approved. Staff
recommends that City Council authorize the release of the cash deposit.
Staff Report
Release Security for Cado El Paseo
March 10, 2016
Page 2 of 2
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By:
Christina Canales, Assistant Engineer
1�&
Paul S. Gibson, Director of Finance
719
n M. Wohlmuth, City Manager
Depart nt d:
Mark GrqenjNood, P.E.,
Director bf 7
ublic Works
IMPRO VEME NT AG REEMEN T
DATE OF AGREEMENT: March 25. 2015
NAME OF DEVELOP ER: CADO El Pasco 930. LLC
(referred to as "DEVELOPER").
NAMF, OF DEVELOP MENT: CADO El Pasco
(referred to as "DEVELOPMENT").
DEVELOPMENT RE SOLUTION
OF APPROVAL NO.: Resolution N/A
(referred to as "Resolution of Approval")
IMPROVEMENT PLANS NO.: G-1345
(referred to as "Improvement Plans").
ESTIMAT ED TOTAL COST OF IM PROVEM ENTS: $5,280
SURETY: N/A — Cash Bond
LETTER OF CR EDIT/ BOND NOS.: '`i '/A
This Agreement is mad a and entered in to by and between the Ci ty of Palm Desert, a
municipal cor poratio n of the State of Californ ia, hereinafter referred to as "CITY", and the
DEVELOPER.
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RECITALS
A. DEVELOPER has presented to CITY for approval an Improvement Plan of
Development pursuant to provisions of the CITY's ordinances and regulations relating to
development approval.
B. An Improvement Plan of Development has been appro ved.
C. In consideration of the approval of the Improvement Plan of Development for the
DEVELOPMENT, DEVELOPER desires to enter into this Agreement, whereby DEVELOPER
promises to install and complete, at DEVELOPER's own expense, all the public improvement
work required by CITY in connection with the proposed DEVELOPMENT. DEVELOPER has
secured this Agreement by improvement security required by the City and approved by the City
Attorney.
D. Complete Improvement Plans for the construction, installation, and
completion of the improvements have been prepared by DEVELOPER 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.
E. An estimate of the cost for construction of the public improvements and performing
land development work in connection with the improvements according to the Improvement Plans
has been made and has been approved by the City Engineer. The estimated amount is stated on
Page 1 of this Agreement. The basis for the estimate is on file in the Office of the City Engineer and is
incorporated into this agreement by reference.
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F. 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.
NOW, TI IEREFORE, in consideration of the approval of the DEVELOPMENT,
DEVELOPER and CITY agree as follows:
(1) DEVELOPER's Obli gation to Construct Improvements.
DEVELOPER shall:
(a) Comply with all the requirements of the Improvement Plan, and any
amendments thereto.
(b) Complete at DEVELOPER's own expense, all the public improvement
work in conformance with approved Improvement Plans within one year from date
of execution of this Agreement.
(c) Furnish the necessary materials for completion of the public improvements
in conformity with the Improvement Plans.
(d) Commence construction of the improvements by the time established in
Section (21) 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 (21).
(2) Acouisition and Dedication of Easements or Riehts-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 DEVELOPER, 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
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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. DEVELOPER 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 DEVELOPER.
(3) Security. DEVELOPER shall at all times guarantee DEVELOPER's performance
by furnishing to CITY, and maintaining, good and sufficient security as required on forms
approved by CITY for the purposes and in the amounts as follows:
(a) to assure faithful performance of this Agreement in regard to said
improvements in an amount of 100% of the estimated cost of the improvements;
UTJ
(b) to secure payment to any contractor, subcontractor, persons renting
equipment, or furnishing labor and materials for the improvements required to be
constructed and installed pursuant to this Agreement in the additional amount of
50% of the estimated cost of the improvements; and
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
999" 0"9915760340 1 4
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.
(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 DEVELOPER, 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, DEVELOPER 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 DEVELOPER shall construct the improvements in accordance
with CITY standards in effect at the time of Improvement Plan Approval. CITY
reserves the right to modify the standards applicable to the DEVELOPMENT 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 DEVELOPER
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. DEVELOPER shall at all times maintain proper facilities and safe
access for inspection of the public improvements by CITY inspectors and to the shops wherein
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any work is in preparation. Upon completion of the work, DEVELOPER may request a final
inspection by the City Engineer, or the City Engineer's authorized representative. If the City
Engineer, or the designated representative, determines that the work has been completed in accordance
with this Agreement, then the City Engineer shall certify the completion of the public improvements to
the City Council. No improvements shall be finally accepted 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 DEVELOPER's readiness for such inspection and
DEVELOPER shall not proceed with additional work until the inspection has been made and the work
approved. DEVELOPER shall bear all costs of inspection and certification. No improvements shall be
deemed completed until accepted pursuant to Section (16) 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 DEVELOPER; 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
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required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
(c) Security given to secure payment to the contractor, his or her subcontractors
and to persons furnishing labor, materials or equipment shall, at six (b) 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) 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 Prouerty or Public Utilities Facilities.
DEVELOPER 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 under this Agreement. DEVELOPER shall
bear the entire cost of replacement or repairs of any and all public or public utility property
damaged or destroyed by reason of an y 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.
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(8) Permits. DEVELOPER shall, at DEVELOPER'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 DEVELOPER.
(a) Default of DEVELOPER shall include, but not be limited to,
(1) DEVELOPER's failure to timely commence construction of this
Agreement;
(2) DEVELOPER's failure to timely complete construction of the
improvements;
(3) DEVELOPER's failure to timely cure any defect in the improvements;
(4) DEVELOPER's failure to perform substantial construction work for a
period of twenty (20) calendar days after commencement of the work;
(5) DEVELOPER's insolvency, appointment of a receiver, or the filing of any
petition in bankruptcy either voluntary or involuntary which DEVELOPER
fails to discharge within thirty (30) days;
(6) the commencement of a foreclosure action against the DEVELOPMENT or
a portion thereof, or any conveyance in lieu or in avoidance of foreclosure;
or
(7) DEVELOPER's failure to perform any other obligation under this
Agreement.
(b) CITY reserves to itself all remedies available to it at law or in equity for
breach of DEVELOPER'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 DEVELOPER. The right of CITY
99999 09999',5760340 1 8
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 DEVELOPER's default
shall be measured by the cost of completing the required improvements. The sums
provided by the improvement security may be used by CITY for the completion of
the public improvements in accordance with the improvement plans and
specifications contained herein.
(c) In the event of DEVELOPER's default under this Agreement,
DEVELOPER authorizes CITY to perform such obligation twenty (20) days after
mailing written notice of default to DEVELOPER and to DEVELOPER'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
DEVELOPER, and DEVELOPER'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 DEVELOPER as may
be on the site of the work and necessary for performance of the work.
(d) Failure of DEVELOPER to comply with the terms of this Agreement shall
constitute consent to the filing by CITY of notice of violation against all proposed
improvements in the DEVELOPMENT, or to rescind the approval or otherwise
revert the DEVELOPMENT to acreage. The remedy provided by this subsection (c)
is in addition to and not in lieu of other remedies available to CITY. DEVELOPER
99999 09999%57603J0 I 9
agrees that the choice of remedy or remedies for DEVELOPER's breach shall be in
the discretion of CITY.
(e) In the event that DEVELOPER fails to perform any obligation hereunder,
DEVELOPER 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.
(f) 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 DEVELOPER.
(10) DEVELOPER Not Asent of CITY. Neither DEVELOPER nor any of
DEVELOPER's agents, contractors or subcontractors are or shall be considered to be agents of
CITY in connection with the performance of DEVELOPER'S obligations under this
Agreement.
(11) Iniury to Work. Until such time as the improvements are accepted by CITY,
DEVELOPER 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, DEVELOPER 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 DEVELOPER.
(12) Warranty. DEVELOPER shall guarantee or warranty the work done
pursuant to this Agreement for a period of one year after final formal acceptance of the
99999 09999\5760340 1 10
improvements 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 DEVELOPER fails to fulfill
any of the requirements of this Agreement or the improvement plans and specifications
referred to herein, DEVELOPER 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 DEVELOPER fail to act promptly or in accordance with this requirement,
DEVELOPER hereby authorizes CITY, at CITY's option, to perform the work twenty (20)
days after mailing written notice of default to DEVELOPER and to DEVELOPER's surety, and
agrees to pay the cost of such work by CITY. Should CITY determine that an urgency
requires repairs or replacements to be made before DEVELOPER can be notified, CITY may,
in its sole discretion, make the necessary repairs or replacement or perform the necessary work
and DEVELOPER shall pay to CITY the cost of such repairs.
(13) Environmental Warrant v. Prior to the acceptance of any dedications or
improvements by CITY, DEVELOPER shall certify and warrant that neither the property to be
dedicated nor DEVELOPER is in violation of any environmental law and neither the property
to be dedicated nor the DEVELOPER 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 DEVELOPER nor any third party will use, generate, manufacture,
produce, or release, on, under, or about the property to be dedicated, any hazardous substance
except in compliance with all applicable environmental laws. DEVELOPER 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.
99999 0%99\5760340 1
DEVELOPER'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. DEVELOPER 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) DEVELOPER'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 Aereements. 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 developers for the
apportionment of costs of water and sewer mains, or other improvements, pursuant to the
provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement
commit CITY to any such apportionment.
(15) DEVELOPER'S Oblivation to Warn Public During Construction. Until formal
final acceptance of the improvements, DEVELOPER shall give good and adequate warning to
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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) Vestine of Ownershio. 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) )ndemnitv/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 DEVELOPER, its agents, or employees, contractors and subcontractors in the
performance of this Agreement. DEVELOPER 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 DEVELOPER, 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
99999 09M6760340 1 13
property resulting from the design or construction of said DEVELOPMENT, and the public
improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design and construction of public drainage
systems, streets and other public improvements. Acceptance by CITY of the improvements shall
not constitute an assumption by CITY of any responsibility for any damage or taking covered by
this Section. CITY shall not be responsible for the design or construction of the property to be
dedicated or the improvements pursuant to the approved improvement plans or map, regardless of
any negligent action or inaction taken by CITY in approving the plans or map, unless the particular
improvement design was specifically required by CITY over written objection by DEVELOPER
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 DEVELOPER shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction defect;
however, DEVELOPER shall not be responsible for routine maintenance. Provisions of this
Section shall remain in full force and effect for ten (10) years following the acceptance by CITY
of the improvements. it is the intent of this Section that DEVELOPER shall be responsible for all
liability for design and construction of the improvements installed or work done pursuant to this
Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or inspecting any work or construction. The
improvement security shall not be required to cover the provisions of this Section.
DEVELOPER 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.
999% 0990%5760340 1 14
(19) Personal :Mature of DEVELOPER'S Obligations. All of DEVELOPER's
obligations under this agreement are and shall remain the personal obligations of
DEVELOPER notwithstanding a transfer of all or any part of the property within the
DEVELOPMENT subject to this Agreement, and DEVELOPER shall not be entitled to assign
its obligations under this Agreement to any transferee of all or any part of the property within
the DEVELOPMENT or to any other third party without the express written consent of CITY.
(20) Sale or Disposition of DEVELOPMENT. Seller or other DEVELOPER
may request a novation of this Agreement and a substitution of security. Upon approval of the
novation and substitution of securities, the DEVELOPER may request a release or reduction of
the securities required by this Agreement. Nothing in the novation shall relieve the
DEVELOPER of the obligations under Section (17) for the work or improvement done by
DEVELOPER.
(21) Time of the Essence. Time is of the essence in the performance of this
Agreement.
(22) Time for Commencement of Work, Time Extensions. DEVELOPER 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 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 DEVELOPER'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 DEVELOPER to an extension. Delay, other than delay in the
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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
DEVELOPER could not have reasonably foreseen and, furthermore, were not caused by or
contributed to by DEVELOPER, shall constitute good cause for and extension of the time for
completion. As a condition of such extension, the City Engineer may require DEVELOPER 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 Vestine of Rip -his. Performance by DEVELOPER of this Agreement shall
not be construed to vest DEVELOPER'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:
Notice to CITY: Citv of Palm Desert
73-510 Fred Waring; Drive
Palm Desert. California 92260
Attn: Public Works Director
Notice to DEVELOPER:
CADO El Paseo 930, LLC
c/o Canstone Advisors. Inc
1545 Faradav Avenue
Carlsbad, CA 92008
Notice to SURETY: N/A
99999 0999%5760340 1 16
(25) Compliance With Laws. DEVELOPER, 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) Cantions. 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.
(30) Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter. All modifications, amendments, or waivers of the
terms of this Agreement must be in writing and signed by the appropriate representatives of the
parties.
(31) Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California.
999" MW, 5760340 1 17
(32) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement
shall be in the County of Riverside, State of California.
99999 09999,57W340 ] 18
IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor,
CITY OF PALM DESERT
DEVELOPERS - - —
By:
DEVELOPER ------- — ----- MAYOR
(Proper Notarization of
DEVELOPER'S signature is
required and shall be attached)
ATTEST
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
"M 09999' 576034U 1 19
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verges only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California }
} ss.
County of
On' (1(Ntft IS , 20 , before me, V \ � ��"(, ` , a Notary
Public, personally appeared A\-1V , who proved to
me on the basis of satisfactory evidence to be the person whose nameW�s* subscribed to
the within instrument and acknowledged to a that a sWthC!y executed the same in
ii /R /their authorized capacityO, and that by ii i/their signature(-4 on the instrument the
persor[W, or the entity upon behalf of which the persodW acted, executed the instrument.
1 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.
Signatur��
e
99999 0999915760340 1 20
aid
SUN aECHTOI
ComrNaston I /9Q30!!E
Rotary Publk - Cautonda
San Diego CCU*
Mr Comm. Expires Jun 23, 2016
Mar-24-15
WO 14-145
Capstan Advisors
PRELIMINARY COST ESTIMATE
(ITEM I OUANT, I UNIT I I UNIT COST I I TOTAL
IMPROVEMENTS
I1 Remove exist Conc Walk and paven 440 s.f fit} S Soo - S 2-200 00
II 3 Const PCC Sidewalk 440 s f Q S 500 - $ 2.20000
(u] S 000
SubTolml S 4.40000
10% Contingency S 38000
Total S 5,280.00
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: 760 346-0611 Fax: 760 341-7098
Inioftoal m-desert. orq
BONDS AND FEES SUMMARY
PROJECT: GRADING PERMIT FEES-CADO EL PASEO DATE
BONDS
Faithful Performance
Labor and Materials
REFUNDABLE CASH DEPOSITS
PM10
FEES
Grading Permit Processing
Plan Check
Inspection
Signalization
Drainage
March 20, 2015
$ 5,280.00
$ 2,640.00
$ 320.00
$
$
$
Haul Route Wear 8 Tear . $
TOTAL FEES $
Prepared By: C. CANALES Checked By:
279.00
78.00
2.067.00
N/A
N/A
3,500.00
6,924.00
CITY OF PALM DESERT
d; 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: (760) 776-6450
FAX: (760) 341-7098
BONDS AND FEES WORKSHEET -NON-SUBDIVISION - P GE 1
PROJECT: GRADING PERMIT FEES-dADO EL PASEO '
(A) GRADING (25% OF GRADING ESTIMATE)
*25% of Engineers Grading Estimate
(B) STREET IMPROVEMENTS
*100% of Engineers Estimate
++ BOND TOTAL FOR FAITHFUL PERFORMANCE
+ + BOND TOTAL FOR LABOR AND MATERIAL
DATE: ' 3/2012015
x 25% =1 $0,001
= 1 $5,280.00 1
- 1 $5,280.001
->I $2,640.001
2. REFUNqMQ,� CASH DEPOSITS
(B) PM10 - DUST CONTROL DEPOSIT ' 0.160 ACRES =1
'$2000 Per Acre
+ + REFUNDABLE CASH DEPOSIT AMOUNT DUE
3. PLAN CHECK FEES
$320.001
$320.001
(A) APPLICATION PROCESSING FEE 1 $279.001
MASS GRADING PLAN CHECK'
N/A
ACRES =1
0.00
ROUGH GRADING PLAN CHECK'
NIA
ACRES =1
10.00
PRECISE GRADING PLAN CHECK'
0.160.7
. ACRES =1
$853.00
HYDROLOGY (PER ACRE)
NIA -
- ACRES = 1
$0.00
SWPPP/NPDES PLAN CHECK
NIA
(Y OR N) 1
$0.00
PM 10 PLAN CHECK
Y,
(Y OR N) 1
$78.00
ADDITIONAL PLAN CHECKS (3 OR MORE)
TOTAL CHECKS{
$0.00
*Grading Plan Check Fee is $775 for first 3 acres plus $310 for each acne over 3
HALF STREET IMPROVEMENTS PLAN CHECK"
LF =
$0.00
FULL STREET IMPROVEMENTS PLAN CHECK'
LF =
$0.00
STORM DRAIN PLAN CHECK"
LF =
$0.00
SIGNING AND STRIPING PLAN CHECK
YIN
(Y OR N)
$0.00
TRAFFIC SIGNAL PLAN CHECK
1 YIN
(Y OR N)
$0.00
'Street and Stone Drain LF taken from starting station to ending station on plan (1000' min)
NON-RESIDENTIAL LANDSCAPE IMPROVEMENTSIRENOVATIONS PLANCHECK
O UP TO 10,000 SF
I YIN.
(Y OR N)
$0.00
0 10,001 TO 22,000 SF
YIN
(Y OR N)
I
$0.00
0 OVER 22,000 SF
I YIN
(Y OR N)
$0.00
HAUL ROUTE WEAR AND TEAR
TOTAL PLAN CHECK FEES
MINUS ANY PLAN CHECK FEES PAID
+ + TOTAL PLAN CHECK FEES DUE
(Continued on Page 2)
3500
$931.00
853 (j ($853.00)
-*1 $78.001
2012 CALC FEES
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-257B
TEL: (760) 776-6450
FAX: (760) 341-7098
BONDS AND' FEES WORKSHEET NON -SUBDIVISION --PAGE 2
PROJECT: GRADING PERMIT FEES-CADO EL PASEO DATE:
4. INSPECTION FEEIJ
MASS GRADING INSPECTION`
N/A
ACRES =
ROUGH GRADING INSPECTION'
N/A - _
ACRES =
PRECISE GRADING INSPECTION'
0.160,
ACRES =
PM10 INSPECTION
Y -
(Y OR N)
SWPPP/NPDES INSPECTION
YIN
(Y OR N)
'Grading Inspection Fee is $1590 for first 3 acres plus $477 for each acre over 3
HALF STREET IMPROVEMENTS INSPECTION'
LF =
FULL STREET IMPROVEMENTS INSPECTION'
LF =
STORM DRAIN INSPECTION'
LF
SIGNING AND STRIPING INSPECTION
YIN
(Y OR N)
TRAFFIC SIGNAL INSPECTION
YIN
(Y OR N)
`Street and Storm Drain LF taken from starting station to ending station on plan
NON-RESIDENTIAL LANDSCAPE IMPROVEMENTSIRENOVATIONS INSPECTION
❑ UP TO 10,000 SF
, YIN
(Y OR N)
❑ 10,001 TO 22, 000 SF
YIN
I
(Y OR N)
0 OVER 22,000 SF
YIN
(Y OR N)
-� TOTAL INSPECTION FEES DUE
_1
5. DEVELOPMENT=IMPACT FEES
SIGNALIZ.ATION IMPACT FEES
COMMERCIAL ($500 Per 1000 Sq.Ft. Bldg.)
INDUSTRIAL ($500 Per Acre)
RESIDENTIAL ($50 Per Dwelling Unit)
DRAINAGE IMPACT FEES
SOUTH OF WHITEWATER
BTWN. WHITEWATER AND SAND RIDGE
NORTH OF SAND RIDGE LINE
3/20/2015
$0.00
$0.00
$1,590.00
S477.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,067.001
0 Bldg. Sq.Ft $0.00
# Acres $0.00
# D. U.'s $0.00
NIA # Acres 1 $0.00
NIA # Acres $0.00
NIA # Acres $0.00
$0.001
MISCELLANEOUS FEE NOT LISTED '1
+ TOTAL DEVELOPMENT IMPACT FEES DUE $0.001
CHECK OR -CASH AMOUNT TO OBTAIN PERMIT :$fi 244:001
Calc'd by C._CANALES Chk'd by 9
5364
CITY OF PALM DESERT
TREASURER'S RECEIPT FOR TRUST DEPOSIT
DATE 3I2b/15 AMOUNT$T""
DEPOSITOR'S NAME Ca El PQSeo
REASON FOR DEPOSIT &jjhRl /1 PPr-V6r= fI P_ L&b.-*, 'i gg-kr 1S
kor C & -Ef al-e-jen
ACCOUNT NUMBER (circle onej
61040000-228-XX-00
01
Deposit in Lieu of Bond
l l
Landscape & Lighting
24
Art Essay Contest
02
Monumentation
13
Rcnt Review Commission
25
TUMF
03
Monterey 170
14
Candidates Deposit
34
Employee Donations
04
Grading Bond
15
Mitigation Fringe Lizard
39
PM10 Deposit
05
Demolition Bond
16
Special Events
49
Athena Award
Faithful Performance Bond
17
Wine & Art Festival
5010
Community Walk
07
Misc. One -Time Deposit
21
Assessment Dist. Deposit
60
Planning Fee Deposit
08
Multi Species Mitigation
23
Median Const/Landscape
IS THE DEPOSIT REFUNDABLE? YFS—_J% NO
CONDITIONS TO BE MET BEFORE REFUNDING 1PEP0SM
A�r7T n �(�1 j 2p le�tso2 b,l Pry 61 I � ll)nr KS .
AMOUNT REFUNDABLE DATE TO BE REFUNDED
MAIL REFUND TO: 15
doIrI5M ft 42QQ
— — — — — T — — — FINANCE DEPARTMENT USEONLY — — — — — — — — — — —
DATE REFUNDED CHECK NO. AMOUNT
NOTE: ATTACH TAPE SHOWING CALCLU AT70M OF IN7EXEST EA.RNLD, IF ANY.
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