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Home My WebLink AboutRes 2016-56 - T35874 - Portola PD LLCRESOLUTION NO. 2016-56 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION NO. 2016- 56 APPROVING TRACT MAP NO. 36874 AND THE IMPROVEMENT AGREEMENT RELATED THERETO SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Portola PD, LLC 73081 Fred Waring Drive Palm Desert, CA 92260 DATE: June 30, 2016 CONTENTS: Resolution No. 2016- 56 Conditions of Approval Tentative Tract Map Final Tract Map Subdivision Improvement Agreement Vicinity Map Recommendation Waive further reading and adopt Resolution No. 2016-56 approving Tract Map No. 36874 and the improvement agreement related thereto. Strategic Plan Obiectives Not applicable. Background Tract Map No. 36874 is located on the east side of Portola Avenue, approximately 700 feet south of Frank Sinatra Drive with Desert Willow bordering the easterly side. The project is comprised of 112 condominium units and one common lot of 15.52 acres. The Tentative Tract Map No. 36874 along with a Negative Declaration of Environmental Impact, a Development Agreement, a change of zone, and Precision Plan were approved by Planning Commission on April 21, 2015, and by City Council on June 11, 2015. Therefore, the Tentative Tract Map will expire on June 11, 2017. This map is Staff Report Resolution to Approve Tract Map 36874 and Improvement Agreement Page 2of2 June 30, 2016 substantially the same as it appeared on the Tentative Tract Map. Those conditions of approval related to the map have been satisfied, and the map conforms to the requirements of the Subdivision Map Act and City ordinances. Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Depart en Had: Bo Chen, P.E., City Engineer Mark G e wood, P. Directo of Public Works Approval: usti� McCarthy, Interim anager RESOLUTION NO. 2016- 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 36874 AND THE IMPROVEMENT AGREEMENT RELATED THERETO BE IT HEREBY RESOLVED by the City Council of Palm Desert, as follows: 1. The Final Subdivision Map of Tract 36874 of City of Palm Desert, California, is hereby approved as the official subdivision map of said tract, subject to conditions of the Tentative Map. 2. The Mayor and City Clerk are authorized to execute on behalf of the City a Subdivision Improvement Agreement guaranteeing completion of the public improvements required by law. 3. The City Engineer is authorized to receive the improvement security on behalf of the City, as required by law, subject to the approval of the City Attorney as to form. 4. The City Engineer is directed to process the Final Map for recording upon receipt of the required improvement security and the payment of all fees. PASSED, APPROVED, AND ADOPTED on this 30t" day of June 2016 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 264d CONDITIONS OF APPROVAL CASE NOs: DA/CZ/EA/PP 15-15 and TTM 36874 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall record Tract Map 36874 within two (2) years of project approval. Construction of improvements, in accordance with the approved Development Agreement, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on -site during ground disturbing activities. 7. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a 5 GAPlanning\Monica ORefIloPlammng Commission\2015\Reso1utions\Res. No. 2648 Desert Willow Retreat - Condos.docx RESOLUTION NO. 264b determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 9. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 10. Developer shall enter into a recordable Development Agreement to memorialize these and other conditions stated within the Development Agreement placed on the project. 11. The Final Development Agreement shall be recorded within ten (10) days of final approval of the project by the City Council. 12. The project shall have a density of eight (8) dwelling units per acre. 13. The project shall have a maximum building roof height of 30 feet. 14. Developer shall install a 6-foot high slump stone block wall along the Portola Avenue frontage of the Retention Basin. The wall must match the color, texture, width, and flagstone columns of the block wall at the existing Desert Willow perimeter. 15. Developer shall install double metal gates to provide access from Portola Avenue and the Retention Basin and related improvements. 16. Developer shall install and maintain desert landscaping in front of the perimeter block wall and transfer the responsibility to the homeowners' association (HOA) and/or include such maintenance as an obligation of the HOA pursuant to the covenants, conditions, and restrictions (CC&Rs). Maintenance shall be in accordance with the City of Palm Desert Landscape Maintenance Guide. 17. Developer shall plant trees on the south side of the Retention Basin to screen the maintenance building. 18. Developer shall maintain the retention basin, including the retention basin slopes, drywells, walls, and perimeter trees and other underground drainage appurtenances within the retention basin. The Developer may transfer the responsibility to the HOA. 19. Developer shall provide a one-time maintenance "clean up" of existing landscaping on the common east/north property line adjacent to the Desert Willow Golf Resort, Golf Hole No. 6. 6 GAPlanningWonica OReilly\Planning Commission\2015\Resolutions\Res. No. 2648 Desert Willow Retreat - Condos docx RESOLUTION NO. 2648( 20. All homeowners (two per household) upon closing on their units automatically become the equivalent of Academy Golf Members and Platinum Club Members at the City -owned Desert Willow Golf Resort for a monthly fee of $75.00. • Golf Academy Membership and Applicable Discounts and Benefits. • Unlimited Use of Academy Practice Facility. • Platinum Club Membership and Applicable Discounts and Benefits. • Private Golf Cart Access Throughout Resort. 21. An alternative to providing affordable, low-income, moderate -income or any other subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of $ per square foot. (The dollar amount is currently blank since the City Council has not established the fee. The City Council will discuss this topic at its April 23, 2015, meeting. The amount of the fee will be established before the DA is considered by the City Council.) 22. Lighting plans shall be submitted in accordance with P.D.M.C. Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 23. The findings in the CEQA Negative Declaration of Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the Tract Map and any permits: 24. The tract map shall be submitted to the Director of Public Works for review and approval. 25. CC&R's shall be submitted before or concurrently with the final map for review and approval and shall record with the final map. 26. Prior to City Council approval of the tract map the applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements. Improvements shall include; but are not limited to: • Construction of a right turn pocket on Portola Avenue. • Modification of the landscaping in the existing median at Portola Avenue to account for the line of site for cars turning left into the subdivision. • Landscape the perimeter of the retention basin. 27. The applicant shall dedicate right-of-way at Portola Avenue as required by the Director of Public Works. 7 GAPlanningVvlonica OReilly\Planning Comm ssion\2015\Resolutions\Res. No. 2648 Desert Willow Retreat - Condos.docx RESOLUTION NO. 264b 28. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. 29. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 30. The applicant shall pay park fees in accordance with Government Code 66477 of the Subdivision Map Act. 31. The applicant shall submit clearance/non-interference letters from all utility companies. 32. The applicant shall be responsible for the maintenance of the offsite retention basin. Prior to the issuance of grading permits the applicant shall: 33. Submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to commencing work. 34. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 35. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 36. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 37. Submit a landscape plan concurrently with the precise grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: A. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. B. Planting plans must show location of proposed and existing utilities. C. Must match approved civil plans. D. All specs and details must be site specific. 8 GAPlanningWonica OReilly\Plannng Commission\2015\Resolutions\Res. No. 2648 Desert Willow Retreat - Condos.docx f RESOLUTION NO. 2648 E. Applicants must have CVWD approval of their irrigation plans prior to City approval. F. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. 38. Identify all proposed and existing utilities on the precise grading plan. 39. Storm drain/retention area design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. 40. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. BUILDING AND SAFETY DEPARTMENT: 41. This project shall comply with the latest adopted edition of the following codes. A. 2013 California Building Code and its appendices and standards. B. 2013 California Residential Code and its appendices and standards. C. 2013 California Plumbing Code and its appendices and standards. D. 2013 California Mechanical Code and its appendices and standards. E. 2013 California Electrical Code. F. 2013 California Energy Code. G. 2013 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2013 California Fire Code and its appendices and standards. 42. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 43. An accessible access overlay of the precise grading plan is required to be submitted to the Dept of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 44. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206) 45. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 46. All common use facilities, areas, amenities, etc are required to comply with Chapter 11 B of the California Building Code. 9 GAPlanningWonica OReilly\Planning Commtssion\2015\Reso1ubons\Res No. 2648 Desert Willow Retreat - Condos.docx { RESOLUTION NO. 264b 47. Public pools and spas must be first approved by the Riverside County Dept of Environmental Health and then submitted to the Department of Building and Safety. Pools and Spas for public use are required to be accessible. 48. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 49. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 50. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 51. Please contact Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 52. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 53. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of all residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual operating pressure for a two-hour duration for single-family dwellings provided in (CFC Appendix B). 54. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 '/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart at each intersection, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for single family dwellings and 350 feet apart at each intersection, and shall be no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for multi -family projects. The required fire flow shall be available from any adjacent hydrant(s) in the system. 10 GAPlanningWonica OReillytPlanning Commissiont2015\Resoluhons\Res No. 2648 Desert Willow Retreat - Condos.docx RESOLUTION NO. 2648 55. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5). 56. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum AC thickness of .25 feet. In accordance with Section 3310.1 prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. 57. The gradient for fire apparatus access roads shall not exceed 15 percent. All access roads shall have an unobstructed width of not less than 20 feet for commercial and 20 feet for residential with an unobstructed vertical clearance of not less than 13 feet and 6 inches. 58. Maximum cul-de-sac length shall not exceed 1,320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 feet for single-family developments and 45 feet for multi -family developments. 59. Dead-end roadways and streets in excess of 150 feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. 60. The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop for the underground water system. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flows standards. Hydraulic calculation will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permit being issued. 61. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 62. Alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau prior to issuance of building permits. 63. A "Knox -Box" shall be provided and shall be installed a minimum of six feet in height and be located to the right side of fire riser sprinkler rooms. 64. All manual and electronic gates on required Fire Department access road or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. 11 G:\Planntngyvtonica OReilly\Planning CommissionQO15\Resolutions\Res. 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Abbb� b ah 1+r�n hs,' bhnh bb� ��mA�^ �'•:��x^oSk�3s.l"��^an"�z=S�',��`��I^^oil G, MP?Ed/a, 15 ;g _"I^'-C'Jn �9 �'�-z- -q ��^^.7nr�rP ,:�^I7 iRp M g. 2 \ '��I...L� . lit Ap \ \ ai \ :-6 I:i ]J' • Itla 93)) `y� \ w56 53"w 'Da 7JOd�SI eJ 39 _ 1 N or - ' _ - _ -_ -_- C� <r ' /`// i '' ca_f- F T ~.� 7 ssae_v w m_ - ' - .p��1 C, •"1 I:i � ,R x :I / p� Flo <�,, � ' ? 5! I� u., 1 r 11 LJ O Y W Z �'I '•., m la of ' ni IJ < Ilzl ' Ru W 5 I •� in � 1 ,� " 'I � _t5.y �0 • _ YL 9S 7vJ Zf' . 03 ('� OOTL 11117 cr wl .13 e !v o I� SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: Mail q1 Zof(0 20_LLP NAME OF SUBDIVIDER: (referred to as "SUBDIVIDER"). NAME OF SUBDIVISION: 1;24reg f 2+ �beS�r+ w;ilowNo. of Lots: I 1 Z. (referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2415-- S (TM No:3&R4 (referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: (referred to as "Improvement Plans"). ESTIMATED TOTAL COST OF IMPROVEMENTS:$ -_-�-43, Zyo.54 ESTIMATED TOTAL COST OF MONUMENTATION: 0 5) 00 0. 66 SURETY: BOND NOS: I DO I OL/ 9 Yo% SURETY: Ajq�Lcr, caul �DD�,4or �_ < mpok✓1 y -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 72500.00001 \57 53099.2 4/30/1 > 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, all the public improvement work required by CITY in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated 72500.00001 5753099 2 - 2 - 43015 into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. H. All public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. 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. 73500.00001 5753099.2 - 3 - 43015 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, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. C. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans. d. Acquire, or pay the cost of acquisition by CITY, and dedicate all 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 subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. e. Commence construction of the improvements by the time established in Section (22) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, 72-00AW01 57530e9.2 - 4 - 4 30 15 unless a time extension is granted by the CITY as authorized in Section (22). f. Install all SUBDIVISION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installed within one year of said acceptance. g. Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. 2. Acauisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate rights -of -way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, CITY of appropriate rights - of -way, easements or other interests in real property, as determined by the City Engineer, or C. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section (2) shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 72500.00001 5753099 2 - J - 43015 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 Lawson forms approved by CITY forthe purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and C. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1)(f) 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 72500.O0001 5753099 2 - 6 - 43015 and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Cleric, the former security may be released. 4. Alterations to Improvement Plans. a. Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b. The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of 72500.00001 5753099.2 - % - 43015 the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. 6. Release of Securities. The securities required by this Agreement shall be released as following: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful 72500.00001 575309y 3 - 8 - 43015 performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. C. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance of the work, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. e. CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Iniury to Public Improvements, Public Propertv or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a 72i00.00001 i753099.2 - 9 - 4 30 15 result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of 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. 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 this Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements; (3) SUBDIVIDER's failure to timely cure any defect in the improvements; (4) SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action 72500.00001 5753099.2 - 10 - 43015 against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (6) SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. 7250OW001 57530992- 4 30 15 C. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials 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, 72500.00001 5753099.2 - 1 2 - 43015 SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not 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. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, 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 73500.(x)001 5753099 2 - 13 - 43015 in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: a. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; b. Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, C. SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. 14. Other 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 72500.00001 5753099.2 - 14 - 43015 mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 15. SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 16. 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 72500M001 5753099 2 - 15 - 43015 claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or 72500.00001 i753099 2 - 16 - 43015 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 Obliaations. 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 as determined by the City Engineer, the time for commencement of construction or completion of the 72500.00001 5753099.2 - 17 - 43015 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 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 Riqhts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: 72500.00001 575 3099.2 - 1 8 - 43015 Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Qo (T 1 C- P 61 1,, 11 C Notice to SUBDIVIDER: �3(�� ("= re -A V\ ) (-�rh n _raCqOV,,S Notice to SURETY: Per S / i-NC /a� 'Ms4wo C,4 47Z7'96 25. Compliance With Laws. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. To the extent improvements to be constructed by SUBDIVIDER or under the direction of SUBDIVIDER hereunder are considered to be a public work requiring the payment of prevailing wages and compliance with other prevailing wage laws under Labor Code Sections 1720 et seq., SUBDIVIDER shall cause the contractor and subcontractors to pay prevailing wages and to comply with all other prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations and comply with any other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage law. 26. Severability. The provisions of this Agreement are severable. If any 72500 00001 57530992 - 19 - 43013 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. 30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 31. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. 72500.00001 5753099.3 - 20 - 43013 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. SUBDIVIDER CITY OF PALM DESERT / $lW�By: /IDER MAYOR (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 72500M001 %53099.2 - 2I - 4 30 15 ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of } On q I a 9 , 20 1 U , before me, &4Ai1nCP- w W . a Notary Public, personally appeared � (.'o UP(YerC1 , who proved to me on the basis of satisfactory evidence be the person( whose name(.is/ar< subscribed to the within instrument and acknowledged to me that he/slw tfwy executed the same in his%her-fth.ei3- authorized capacity(ia, and that by hisAw/their signature(8-)'on the instrument the person(s4; or the entity upon behalf of which the person(-} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur �w 72500.00001 5753099.2 4 30 15 BETHANN SCHIFF � Coff"Ision #F 2102309 z Notuy Public • CelHornI Riverside County My Comm. Expires Mar 6, 2019f -22- PROJECT Prepared By: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: 760 346-0611 Fax: 760 341-7098 info(@oalm-desert.orq BONDS AND FEES SUMMARY ROUGH GRADING PERMIT FEES-TR 36874 DATE: BONDS April 14, 2016 Faithful Performance $ 773,240.50 Labor and Materials $ 386,620.25 REFUNDABLE CASH DEPOSITS Survey Monumentation $ 5,000.00 PM10 $ 30,000.00 FEES Grading Permit Processing $ 279.00 Plan Check PAID TR 70980 Inspection $ 5,724.00 Park $ 159,876.66 Signalization $ 5,600.00 Drainage $ 22,500.00 Haul Route Wear & Tear $ 3,920.00 TOTAL FEES $ 197,899.66 C.CANALES Checked By: G IPubWorksl TemplateslRough Grading Fees-TR 36874 ,1sx CITY OF PALM DESERT STANDARD FORM SUBDIVISION FAITHFUL PERFORMANCE BOND Rough Grading TR 36874 NAME OF SUBDIVISION: The Retreat at Desert Willow NAME OF SUBDIVIDER: Portola PD, LLC a California limited liability company NAME OF SURETY: American Contractors Indemnity Company EFFECTIVE DATE: May 4, 2016 AMOUNT OF BOND: Seven Hundred Seventy Three Thousand Two Hundred Forty and 50/100 Dollars BOND NUMBER: 1001049408 PREMIUM: $ 15,465.00/2-year Initial Term is Fully Earned. 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. P ?/� NCIPAL'S SIGNATURE CA - PRINT NAE Ina sir' ��% �� • C TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME SURETY'S SIGNATURE SURETY'S SIGNATURE (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of VLYei'S%'CL On �i I S l _)fuel Vn before me, Date Here Insert Name and Title o4e Officer personally appeared .1,�. �. • 1'�. i'�� (Zk_ (� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BE1HANN S;'WFF Riff Sion # 2102309 Nodry P Ok - Callorms J%Pvf tMwr w cm" C" T -- M Z019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and koffseal. Signatur ulll Signature of Nota ublic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document130"' Title or Type of Document: GAS d r 0 �%%� 1 f1 for0 Document Date: Number of Pages: Signer(s) Other Than Named Above: __N)-CLI Capacity(ies) Claimed by Signer(s) Signer's Name:. � lOiy� C - eo,-e r -_ Corporate Officer — tle(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: _ Corporate Officer — Title(s): _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this May 4, 2016. instrument on the date mentioned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE PRINT NAME Portola PD, LLC a California limited liability company TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME American Contractors Indemnity Company SURETY BY: CI1 /, (1 .�/ SURET SfSIGNATURE Erik Johansson, Attorney -in -Fact (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California ) County of Orange ) MAY 0 4 2016 Michele A. Fedoruk, Notary Public On before me, rY Date Here Insert Name and Title of the Officer personally appeared Erik Johansson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personfej whose name{ ishmm subscribed to the within instrument and acknowledged to me that he)'sheflhey executed the same in hisA mn'lheir authorized capacity(iee), and that by his r signature(a) on the instrument the persorpo, or the entity upon behalf of which the personEe) acted, executed the instrument. MICHELE . FEDORUK I certify under PENALTY OF PERJURY under the laws Commission # 2062160 z of the State of California that the foregoing paragraph =: Notary Public - California z is true and correct. Z Orange County D WITNESS my hand and official seal. My Comm. Expires Mar 23, 2018 Signature ----- Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual _— Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: : Corporate Officer — Title(s): Partner — __ Limited _: General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Erik Johansson of Tustin, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars (S ***3,000,000.00*** ), This Power of Attorney shall expire without further action on December20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, an), Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions. Attorney -in -Fact may be given full power and authority for and in the name of and on behalfof the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-m-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of atomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to Ahich it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. ANIERICAN CONTRACTORS IN'DE.NI.NITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COSIPANY atp�crogs •,, ,"fig SURF, 0N��!'!G'`"`'.,, 'y ins ...... pc?y4.' By: ;P..;Ai ;__ _x: >_ _N.s Daniel uilar Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this Ist day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUEZ•MIOBG Commission # 2049771 Signature ( (Seal) Notary Public • California i J Lot Angeles County My Comm. Expires Doc 20, 2017 1, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In WitnessireRf, have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of o U A 2016-. Corporate Seals °ac;o 's sun •, off.... • .��°,., `` �l• '.. ?},; g' p . :co %,; � yea; ........... '' / , = wi.n.,�a ;•i` ='� .v= '"ri•'ZE =�' ,. = Michael Chalekson, Assistant Secretary Bond No. NO ��1� ., _,. �:;, :. ;•� ��`'...�..:< Agency No. 19261 CITY OF PALM DESERT STANDARD FORM SUBDIVISION PAYMENT BOND (LABOR & MATERIALS) Rough Grading '1'R 36874 NAME OF SUBDIVISION: The Retreat at Desert Willow NAME OF SUBDIVIDER: Portola PD, LLC a California limited liability company NAME OF SURETY: American Contractors Indemnity Company EFFECTIVE DATE: May 4, 2016 AMOUNT OF BOND: Three Hundred Eighty Six Thousand Six Hundred Twenty and 25/100 Dollars BOND NUMBER: 1001049408 PREMIUM: Included in cost of 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. //� P CIPAL'S SIGNATURE PRINCIPAL'S SIGNATURE iINTNAME PRINT NAME 0/ TITLE &�XPANY NAME ITLE & COMPANY NAME SURETY'S SIGNATURE SURETY'S SIGNATURE (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ttl County of Iltlef�O� C_ On 5l5' -)C before me, 'SCk,t,44, Jv©VAr RA-1I i L Date Here Insert Name and Title �oOfficerthe personally appeared -ult L �eY-C--e '-G� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BETHANM SCNIFF C MOSIM # 2102309 SMY PP OC - C>r omk ft"Z Ilh Come. E>lIres mor B„ 20191 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu 4 Signature of N ary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document _� Title or Type of Document: _C1� 1 17 �Cu� tL'�.[CY7v�LN Document Date: Number of Pages: 3 Sign r(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - Corporate Officer — itle(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: -- ---- — .... -— -- Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 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 N'lay 4, 2016 instrument the date mentioned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE PRINT NAME Portola PD, LLC a California limited liability comvanv TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME American Contractors Indemnity Company SURETY BY: � /v �— SURETY'S SIGNATURE Erik Johansson, Attorney -in -Fact (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange } On MAY 0 4 2016 before me, Michele A. Fedoruk, Notary Public Date Here Insert Name and Title of the Officer personally appeared Erik Johansson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{ej whose names) isfarr? subscribed to the within instrument and acknowledged to me that he,4s ey heq executed the same in hisfherttheir authorized capacity(iee), and that by hislMT17'tttn-ir signature(t on the instrument the persor�H, or the entity upon behalf of which the personrs) acted, executed the instrument. MiCHELE A. FEDORUK Commission # 2062160 Notary Public - California i f' Orange County My Comm. Expires Mar 23, 2018 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ZIA _ — Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ . Corporate Officer — Title(s): — Partner — r_i Limited General Individual _2 Attorney in Fact Trustee - Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — -_ Limited _= General Individual = Attorney in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Erik Johansson of Tustin, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars (s ***3,000,000.00*** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions - Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary' Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING CONIPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY C,Ogyi,'' =ui . •we Um. `:y5 -u�+ ;_ pY: ?z` ="'S a By: — Daniel P. Aguilar Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this lst day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. 6DRIGUEZ-WONG # 2049771 Signature ( (Seal) i Notary Public - California z Los Angeles County Mr Comm. EWM Dee 20. 2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In VI"s &h%rcN*ave hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of Corporate Seals a"pj CTO „.'g SUpp o, : . NDING'O' .° tnsur° Awwr Bond No. I 046� wtduoWm :_ _ x. �� >_ f�'L_Michael Chalekson, Assistant Secretary =a: Agency No. 19261 °+ircoi..........*.. nn:,: , OF .*1• KI G TJ►I 711 ' P�lr lctr ;L1•� uj Iv oaDWAftDIddIVe�� x rl I I IIJ.� _ FRANK SINATRA DRIVE �I I r, `r rf rti L SITE W - -� -�l•� - It f aG£rrraao-�'�1 � — '.� f r•r��.I:; � �1�A7�R AL,pC�j�J'; r�'=� t �?� •- � {•. l C �P.:� I -77 rlrE /.r!C�� , .. •J�� 11-.�j ! � Q'' / I YI 7 �i'� :.rr-iitj- - -• _ _ � !�i It'd" �r Ivr �� ; J a i��. x �Y COUNTR�-Cl s-DRIVE I: �. +I :�i,t�n �'� cam- � � � ,Gfrt'-i�=- � ,�sr- i � i�_ � i � • � � - �. - � .. TRACT NO. 36874 0 VICINITY MAP 1: 10,440 i