HomeMy WebLinkAboutRelease Security - Hwy 111-Town Ctr Prjct - Harsch InvstmntCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR THE 111/TOWN CENTER
PROJECT
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANTS: Harsch Investment Properties
Attention: Erica Gray
1121 SW Salmon Street, Suite 500
Portland, OR 97205
BOND NO'S.:
DATE:
CONTENTS
Recommendation
Travelers Casualty and Surety Company of America
485 Lexington Avenue
New York, NY 10017
105867295
August 25, 2016
Bond
Agreement
Vicinity Map
By Minute Motion, release security for improvements for the 111/Town
Center project.
Backaround
The subject property is located at the southern corner of Highway 111 and Town Center
Way. A Faithful Performance bond for $107,761 and Labor and Materials bond for
$53,880.50 was submitted for off -site improvements at the time of permit issuance. All
of the improvements related to this bond are now complete. A maintenance bond is not
required because improvements have been in place for more than a year.
Staff recommends that City Council authorize the release of the improvement bonds.
Staff Report
Release Security for the 111/Town Center Project
August 25, 2016
Page 2 of 2
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By:
Christina Canales, Assistant Engineer
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Jane
YU. Moore, Director of Finance
Approval:
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J tin cCarthy, Interim City ger
Department Head:
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Mark Greenwood, P.E.,
Director of Public Works
CITY OF PRIM DESERT
7;-5 to Nut) WARING I)RIVF.
PAI.M I)FSI RT, CALIFORNIA 92260-2578
TEL: 760 346-o61 I
infotn cigvrpalmdevcramrg
March 18, 2013
Harsch Investment Realty, LLC
Post Office Box 2708
Portland, Oregon 97208
Dear Sir or Madam:
Subject: Improvement Agreement for the Real Propertv Located at
44-449 and 44-459 Town Center Way. Palm Desert — Case No.
PP 12-223
At its regular meeting of January 24, 2013, the Palm Desert City Council adopted
Resolution No. 2013-05, approving Case No. PP/CUP 12-223.
Enclosed for your records is a fully executed copy of the Improvement Agreement. If
you have any questions or require additional information, please do not hesitate to
contact us.
Sincerely,
RACHELLE D. KLASSEN, MMC
CITY CLERK
RDK:mgs
Enclosure as noted)
cc/enc: ark Greenwood, P.E., Director of Public Works
Kevin Swartz, Assistant Planner
f..0 n.nuauuionm
IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:, Vezmu,A aw Q19 , 20 13 .
NAME OF DEVELOPER: "aSOA tN VEgTwtP-nL-T lz* �t Ty t L,&
(referred to as "DEVELOPER").
NAME OF DEVELOPMENT: _j l I -cowt4
(referred to as "DEVELOPMENT").
DEVELOPMENT RESOLUTION
OF APPROVAL NO.: Resolution 25gS
(referred to as "Resolution of Approval')
IMPROVEMENT PLANS NO.: .' j
(referred to as "Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS:$ iT I
SURETY: Travelers Casualty and Surety Company of America
LETTER OF CREDITBOND NOS.: 105867295
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
DEVELOPER.
99999.09999%5760340.1
RECITALS
A. DEVELOPER has presented to CITY for approval a Conditional Use
Permit/Precise Plan of Development pursuant to provisions of the CITY's ordinances and
regulations relating to development approval.
B. A Conditional Use Permit/Precise Plan of Development has been approved,
subject to the requirements and conditions contained in the Resolution of Approval. The
Resolution of Approval is on file in the Office of the Director of Community Development and
incorporated into this Agreement by reference.
C. In consideration of the approval of a Conditional Use Permit/Precise
Plan of Development for the DEVELOPMENT by the Planning Commission, 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
99999.09999\5760340.1
Page 1 of this Agreerent. The basis for the estimate is on file in the Office of the City Engineer and is
incorporated into this agreement by reference.
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, THEREFORE, in consideration of the approval of the DEVELOPMENT,
DEVELOPER and CITY agree as follows:
(1) DEVELOPER's Obligation to Construct Improvements.
DEVELOPER shall:
(a) Comply with all the requirements of the Resolution of Approval, and any
amendments thereto.
(b) Complete at DEVELOPER'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.
(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
DEVELOPER'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 DEVELOPER and CITY.
.09999W60W.1 3
DEVELOPER shall also be responsible for obtaining any public or private sanitary
sewer, domestic water, drainage, and/or utility easements or authorization to
accommodate the DEVELOPMENT.
(e) Commence construction of the improvements by the time established in
Section A 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 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 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
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.
999".09M\5760340. 1 4
(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;
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
The securities required by this Agreement shall be kept on file with the City Clerk.
The terns of the security documents referenced on page 1 of this Agreement are
incorporated into this Agreement by this reference. If any security is replaced by
another approved security, the replacement shall: 1) comply with all the
requirements for security in this Agreement; 2) be provided to the City Engineer to
be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made
a part of and incorporated into this Agreement. Upon provision of a replacement
security with the City Engineer and filing of a replacement security with the City
Clerk, the former security may be released.
(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
99999.09999\5760340.1 5
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 adoption of the Resolution of
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 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
99".099W5760340.1 6
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
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
9"".09M\57603Q.1 7
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 Property 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 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. 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;
9"".0""N5760340.1 8
(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
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.
""9.0""\57603Q.1 9
(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 fling 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
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.
99999.09999\5760340.1 10
(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 Azent 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 improvements by
the City Council against any defective work or labor done or defective materials fiirnished. 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.
9"".0"WS760M0.1 I I
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 Warrantv. 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 parry 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.
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
99999.09999\5760340.1 12
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 Agreements. 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 Obligation to Warn Public During Construction. Until formal final
acceptance of the improvements, DEVELOPER shall give good and adequate warning to the
public of each and every dangerous condition existent in said improvements, and will take all
reasonable actions to protect the public from such dangerous condition.
(16) Vesting of Ownershin. 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.
99999.09M5760M.1 13
(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
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 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
99%9.0999915760340.1 14
responsible for the design or construction of the property to be dedicated or the improvcments
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.
(19) Personal Nature 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
99999.09999\5760340.1 ' 15
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 Disoosition 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
detennined 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
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
""9.0""\5760340.1 16
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 Rights. 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: City of Palm Desert
73-510 Fred Waring Drive Palm
Desert, California 92260 Attn:
Public Works Director
Notice to DEVELOPER: _pescla, laYfis tMR:E C la"u- r
.P.D.8cXc 2?03
T&WM.At�LC> , oR 9 72oB
Notice to SURETY: Travelers Casualty and Surety Company of America
485 Lexington Avenue
New York City, New York 10017
(25) Comnliance 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.
99999.099IM76030.1 17
(26) Severability. The provisions of this Agreement are severable. If any portion of this
Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement
shall remain in full force and effect unless amended or modified by the mutual consent of the
parties.
(27) Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction
or meaning of any provisions of this Agreement.
(28) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce
the terms of this Agreement, the prevailing party shall be entitled to litigation costs and
reasonable attorneys' fees.
(29) Incoirooration 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) Intemretation. 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.
99999.09999\5760340.1 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.
"Aa5ce4 ttJVESTwtEiJT at.4 XY U-Z - CITY OF PALM DESERT
DEVELOPERS
D L PER M
ATTEST
I
APPROVED AS TO FORM:
el
CITY A'I`TO W Y
9"".099M7603Q.1 19
OREGON
STATE OF C-ALiFOR?H i
MULTNOMAH
COUNTY OF RWER SIDE
On February 28, , 20Ubefore 1ne, Erica Grav , Notary
Public, personally appeared Brian Williams , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
witivn instrument and acknowledged to me that he/shlrtthey executed the same in his/ImYtheir
authorized capacity(ies), and that by his/heW"f signature(a) on the instrument the person(s), or
the entity upon behalf of which the persons) acted, executed the instrument.
OREGON
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: /
1OFFICIAt
ERICA G+aAY
`.. NOTARY PUBLi( �REGON
COMMISSION P, l 455014
Ct�AMISSION EXPIRES JAr•;..,tiRy 06, 2015
99999.09999\5760340.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
March 12, 2013 before me, M. G. Sanchez, Notary Public
Dole Hue Moen Noma urd Title of ere 011car
personally appeared Jan C. Harnik -----------------------------------
Neme(s) of Slgnu(s)
M. G. SANCHE2
Commission # 19M39
Notary Public - Callfornls Z
Riverside County
My Comm. Expires Oct 29, 2014
who proved to me on the basis of satisfactory
evidence to be the persono) whose name(s) is/amex
subscribed to the within instrument and acknowledged
to me that ks(sheAbey executed the same In
M /herfbeix authorized capacity(te* and that by
kis/herAksiK signature(s) on the Instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Wary Sad Above re of
OPTIONAL '
Though the information below is riot required bylaw, it may prove vah{able to rsons �fying on the d ment
and could prevent fraudulent removal and reattachment of t ' ! to ano document.
Description of Attached Document Improvement Agreement
Title or Type of Document: Harsch Investment Realty, LLC - 111 Town Center
Document Date: February 28, 2013 Number of Pages:
Signers) Other Than Named Above:
Capoetty(les) Claimed by Signer(s)
Signer's Name: Jan C. Harnik
❑ Corporate Officer — Title(s):
❑ individual
❑ Partner — ❑ Limited D General Top of thumb We
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
® Other. Mavor
Signer Is Representing:
City of Palm Desert
Signer's Name:
❑ Co ate Officer — Title(s):
❑ Individu
L7 Partner — ❑ ',led ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
O Other: \
Signer Is Representing:
0 2000 NatlorlN No" AaaocWW • Natbrtaftlary.ore • 1.800-US NOTARY (1-80"76-Mr) Item OS907
rVMV 1 un tNb 14t:t: tlNU
PALM SPRINGS, CA
PRELIMINARY COST ESTIMATE FOR BOND PURPOSES(OFFSITE STREETS)
JN 12013-1111TOWN CENTER PROJECT
PREPARED: FEB 25, 2013
ITEM QUANTITY UNIT COST COST
OFFSITE STREET IMPROVEMENTS
8" CURB & GUTTER, TYPE 1, CPD STD DWG 102
137 LF
U 00
2 5
2-'m 31425
6" CURB W/ 12" APRON PER DETAIL A
213 LF
%-w
26
*96 t-�, 260
6" CURB W112" LIP PER DETAIL B
60 LF
%w
Qp
-909 I, z00
6" CURB MODIFIED, CPD STD DWG 103
245 LF
1s90
2- U
1.6f5 W 1900
ASPHALT CONCRETE
161 TON
90.00
14,490
CLASS 2 AGGREGATE BASE
121 CY
65.00
7,865
COMMERCIAL DRIVEWAY, CPO STD DWG 105, MODIFIED
1 EA
10,000.00
10,000
ADJUST TO GRADE SD MANHOLE... INSTALL NEW ADA MH
1 EA
5,000.00
5,000
TIE & REPLACE EX. SURVEY MONUMENT
2 EA
500.00
1,000
4" PCC SIDEWALK
1,245 SF
5.00
6,225
CURB RAMP, RIV COUNTY STD 403, TYPE B, MODIFIED
2 EA
2,000.00
4,000
REMOVE & REPLACE GUARD RAIL, CALTRANS STD A77A1
40 LF
50.00
2,000
DEMOLITION
SAWCUT EXISTING PAVEMENT
11000 LF
1.00
1,000
REMOVE ASPHALT PAVEMENT
500 SY
Grw
3
wo 1, Soo
REMOVE CONCRETE PAVEMENT
200 SY
4-09
1
-2w JA O
REMOVE & HAUL -AWAY CURB & GUTTER
730 LF
16.00
13,140
TOTAL STREET IMPROVEMENTS n-s" *n'i4`-
STRIPING & SIGNAGE 1 LS 5,000.00 5,000
TRAFFIC CONTROL 1 LS 10,000.00 10,000
TOTAL OFFSITE STREET IMPROVEMENTS '9@;349 615, ?6S
91'6S1
10% CONTINGENCY 91-%2
TOTAL ESTIMATE FOR BOND PURPOSES (OFFSITE)
PREPARED UNDER THE SUPERVISION OF:
PHILLIP K. FOMOTOR
RCE. NO.47284
EXP. 12-31-13
No 47284
* Exp. 12= SI-15
CIVIL
s
�rF OF C4t1f OQ`
12013 OFFSITE-STREETS.xis Page 1
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: (760) 776-6450
qp FAX: (760) 341-7096
PROJECT: + ' ' E DATE:
(A) GRADING (25% OF GRADING ESTIMATE) j(( $5.00J x 25% =1 $2,375.001
*25% of Engineers Grading Estimate
(B) STREET IMPROVEMENTS=P1119pE0�
*100% of Engineers Estimate
*+ BOND TOTAL FOR FAITHFUL PERFORMANCE -1 $107,761.001
* + BOND TOTAL FOR LABOR AND MATERIAL -1 $63,880.501
i2ARWWI- 1_0Id0 __'l -116
(B) PM10 - DUST CONTROL DEPOSIT iW 6P_j ACRES =1 $0.001
*$2000 Per Acre
++ REFUNDABLE CASH DEPOSIT AMOUNT DUE -+1 $0.001
?a
(A) APPLICATION PROCESSING FEE
MASS GRADING PLAN CHECK*
ROUGH GRADING PLAN CHECK*
PRECISE GRADING PLAN CHECK*
HYDROLOGY (PER ACRE)
SWPPP/NPDES PLAN CHECK
PM 10 PLAN CHECK
ADDITIONAL PLAN CHECKS (3 OR MORE)
*Grading Plan Check Fee is $853 for first 3 acres
ACRES =
ACRES =
ACRES =
ACRES =
(Y OR N)
(Y OR N)
OTAL CHECK
0 for each acre over 3
$279.001
$0.00
$0.00
$0.00
$0.00
$0.00
$78.00
$776.00
HALF STREET IMPROVEMENTS PLAN -CHECK* LF = $891.00
FULL STREET IMPROVEMENTS PLAN CHECK* LF = $0.00
STORM DRAIN PLAN CHECK* LF = $0.00
SIGNING AND STRIPING PLAN CHECK (Y OR N) $1,110.00
TRAFFIC SIGNAL PLAN CHECK 0 (Y OR N) $0.00
*Street and Storm Drain LF taken from starting station to ending station on plan (1000' min)
NON-RESIDENTIAL LANDSCAPE IMPROVEMENTS/RENOVATIONS PLANCHECK
❑ UP TO 10,000 SF (Y OR N) 1 $0.00
❑ 10,001 TO 22,000 SF (Y OR N) $0.00
❑ OVER 22,000 SF (Y OR N) I $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)
ANNAWN
$2,855.00
PJ€l ($2,001.00)
-1 $854.001
2012 CALC FEES
CITY OF PALM DESERT
STANDARD FORM
FAITHFUL PERFORMANCE BOND
NAME OF DEVELOPMENT: 111 / Town Center Commercial Center
NAME OF DEVELOPER: Harsch Investment Realty, LLC, Series F
NAME OF SURETY: Travelers Casualty and Surety Company of America
EFFECTIVE DATE: 3/4/2013
AMOUNT OF BOND: $107,761.00
BOND NUMBER: 105867295
PREMIUM: U689.00
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, or otherwise, named on Line 2 above, without regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of
California and presently possessed of authority under Title 6 of the United States
Code to do business under Sections 6 to 13 thereof, in the aggregate amounts
hereof, hereinafter referred to as SURETY, are jointly and severally held and
firmly bound unto the City of Palm Desert, a municipal corporation of the State of
California, hereinafter referred to as CITY, in the sum mentioned on Line 6
above, for the faithful performance of that certain IMPROVEMENT AGREEMENT
between PRINCIPAL and CITY regarding the subdivision named on Line 1
above, as required by the provisions 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 IMPROVEMENT AGREEMENT between PRINCIPAL
and CITY regarding the development 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
IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful
performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to
remain in full force and effect.
The said SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
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 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.
V
Realty, LLC, Series F
�7
PRINCIPAL'S (SIGNATURE
DAVID E. MOORE
PRINT NAME
SENIOR VICE PRESIDENT, RETAIL
HARSCH INVESTMENT REALTY, LLC, SERIES F
TITLE & COMPANY NAME
PRINCIPAL'S SIGNATURE
PRINT NAME
TITLE & COMPANY NAME Travelers Casualty and S rety Company of America
SURET SIGNATURE
CLinda M. Na ill,
Attorney-in-Fact
SURETY'S SIGNATURE
(Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must
be attached.
WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER
AW POWER OF ATTORNEY
TRAVELERSJ Farmington Casually Company St. Paul Mercury Insurance Company
Fidelity and Cunranly Insurance Company Travelers Casualty and Surety Company
Fidelily and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company or America
St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 22%98
Certittcate No. 005369967
KNOW ALL MEN BY TFiFSE PRFSENTS: Thut Farmington Casualty Company. St. Paul Dire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury hasunnace Company, Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the Stute of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly orgunized under the laws of Iltc State of Iowa, and that 1--adcliiy and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the Stale of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Marcia K. Cesafsky, Tfiniy R. Garcia, Christopher P. Troha, and Linda M. Napolillo
of the City of —Ch 7tbc , Slate of 14iAG;/- , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, scul and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHERZOV, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th
day of ___. February _ __ 2013
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
SL Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
�� �
° ()Q'4�195)2010
�,� ;`,SEAL IS' Goo
"'a
State of Connecticut
City of Hartford ss.
By:
Robert L. Raney, reniore President
On this the 14th day of February 2013 , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surely Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that be, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
pT
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June. 2016. # * # Marie C. Tarcauh. Notary Public
58440-8-12 Printed in U.S.A,
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RFD BORDER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Illinois
County of Cook
On 2/28/2013 before me, Derek Elston, Notary Public, personally
appeared Linda M. Napolillo who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
OFFIC=ELSTON
Signature
DERE
MYOCOMM SS O
OREGON
GA;1laFORNI,A` ALL-PURPOSE ACKNOWLEDGMENT
�.utJL.— _ _ ..Yirf.CLW'•=�,. _.�. _..,'�, R:: pis='�::- _ .,....�.... .n...`uay.. __ w'�l�ihzi"�uT(7�k.$'4
OREGON
State of Getifornia 1
County of MULTNOMAH
On 03/01/2013 before me, Erica Gray, Notary Public
eye He. Mean Nome alert Time e4 Dn OMoer
personally appeared David E. Moore, Senior Vice President, Retail
NIVrOte► at sbae(s)
OFFICIAL HEAL U
ERICA GRAY
NOTARY PUBLIC - OREGON ,
COMMISSION NO.45501 A
MMYCOMI
ISSION EXPIRES JANUARY 06,
V. ----
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Islam subscribed to the
within Instrument and acknowledged to me that
he/spahhey executed the same in his/herttiaetrauthorized
capacity(ies), and that by hls/Fiwo0WFslgnature(s) on the
instrument the person(a), or the entity upon behalf of
which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of 0MRwnla that the foregoing paragraph is
true and correct. "' egon
WITNESS my hand and official seal.
Piece NWov aq seat Abe Signature � ^ r wu ee a 7
OPTIONAL (`�
Tlaugh the uiformalfon below Is not required by law, It may prove valuable to persons reying on the document
and court prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or-lype of Document:
Document Date: Number of Pages:
Slgner(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
0Individual
O Corporate Ofrww—Tltle(s):
O Corporate Officer —Title(s):
❑ Partner — O Umited ❑ General
O Partner — O Limited O General
❑ Attorney in Fact immomm
O Attorney in Fact
O Trustee Tbp ow ftrnb ► oe
❑ Trustee
O Guardian or Conservator
❑ Guardian or Conservator
O Other.
O Other:
Signer Is Representing: Signer Is Representing:
co
WAIMMAW
Top
0=7Naua-d NO" AnodeUo -WW Oa 8040 Aw. P.O.O=2102-Gb*MenACA e19134 n-WnVd+ rYare bM#SWI Raada�Gafl TUFeee 1-006l76!!Zf
CITY OF PALM DESERT
STANDARD FORM
PAYMENT BOND
(LABOR & MATERIALS)
NAME OF PROJECT: 111 / Town Center Commercial Center
NAME OF DEVELOPER: Harsch Investment Realtv. LLC. Series F
NAME OF SURETY: Travelers Casualty and Surely Company of America
EFFECTIVE DATE: 3/4/2013
AMOUNT OF BOND: $53. 880.50
BOND NUMBER: 105867295
PREMIUM: S9 RR9 nn
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 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 an 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
project named on Line 1 of Page 1 hereof, which said 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 all
applicable 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.
c vestme t Really, LLC, Series F
4
PRINCIPAL'S SI NATURE PRINCIPAL'S SIGNATURE
DAVID E. MOORE
PRINT NAME PRINT NAME
SENIOR VICE PRESIDENT, RETAIL
HARSCH INVESTMENT REALTY, LLC
TITLE & COMPANY NAME SERIES F TITLE & COMPANY NAME
Travelers Casualty nd eiyn -Coamctpany of America
AtF'S SIGNATU
NLpl,
SURETY'S SIGNATURE
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
APPROVED AS TO FORM:
DAVID J. R , CITY ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AW POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
SL Paul Guardian Insurance Company
Attorney -In Fact No. 225698
Certificate No. 005369966
KNOW ALL MEN BY THESE PRESENTS: That Farrnringlon Casually Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surely Company, Travelers Casualty aril Surely Company of America, and United Slates
Fidelity and Gunnmly Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is it
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Marcia K. Cesafsky, Triniy R. Garcia, Christopher P. Troha, and Linda M. Napolillo
of the City of Chintz 7" State of luiric , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th
day of _ reb�tttry ---- 2013
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
a 0 0`01�ftl
0 O8
State of Connecticut
City of Hartford ss.
By: 414(�
Rottert L. Raney, Senior Vice President
On this the 141h day of February 2013 before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, and that he, as such, heing authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
0.7 -%
In Witness Whereof, I hereunto set my hand and official seal. 1�z Q��
My Commission expires the 30th day of June, 2016. #gyp Marie C. Tetteauh, Nary Public
58440-8-12 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT`
State of Illinois
County of Cook
On 2/28/2013 before me, Derek Elston. Notary Public, personally
appeared Linda M. Navolillo who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
E
FFICIAL SEAL-
EREKELSTONSignatureBUC,STATE OF IWNOIS
SION F�(PIRES 09.08-2014
OREGON
GA161FO1NA ALL-PURPOSE ACKNOWLEDGMENT
ayf1+•L'u'- - - — :t.`J+:iSiL�S1.:u"^a=^dui: YrLL�.Gi.1C:iiL�:L':ra:h:' •s• � !
OREGON
State of Geiifornin
County of MULTNOMAH
on 03/01/2013 before me, Erica Gray, Notary Public
polo Nee uwn Irame oln Tlo of pie Oftw
personally appeared David E. -Moore, Senior Vice President, Retail
wmlat or so"s)
OFFICIAL SEAL
ERICA GRAY
NOTARY PUBLIC - OREGON
COMMISSION NO.455014
MY COMMISSION EXPIRES JANUARY 06, 2015
Place Nolan seu Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose rtame(ts) is/ate subscribed to the
within Instrument and acknowledged to me that
hefsbeAhey executed th4 sarne in hislhectth *-Authorized
capaclty(iesj and that by his/be Akeirsignature(s) on the
Instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Gaiifonnin that the foregoing paragraph is
true and correct. uuregon
WITNESS my hand and officlal seal.
Signature t , x \
«< tipeles o Nor Pu t J
OPTIONAL
Though the information below is not required by law, li may prove valuable to persons raying on the document
and could prevent fraudulent removal and reattachment of this form to another doctiment
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages:
Slgner(s) Other -than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name:
$igners Name:
❑ Individual
0 Individual
❑ Corporate Officer—Tltle(s):
❑ Corporate Officer —Ttite(s):
❑ Partner — O Limited ❑ General
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Attorney in Fact
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❑ Other.
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Company Profile
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COMPANY PROFILE
Company Profile
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Company
ONE TOWER SQUARE
Information
HARTFORD, CT 06183
Old Company
Names
Old Company Names
Effective Date
Agent for Service
Reference
AETNA CASUALTY & SURETY COMPANY
OF AMERICA 07/02/1997
Information
NAIC Group List
Agent For Service
Unes of Business
KAREN HARRIS
Workers'
C/O CORPORATION SERVICE COMPANY
Compensation
2710 GATEWAY OAKS DRIVE, SUITE 15ON
Complaint and
SACRAMENTO CA 95633-3505
Request for
Action/Appeals
Contact Information
Reference Information
Financial Statements
-
PDF's
`NAIC #:
1131194
Annual Statements
Company ID #:
II2444-8
QuarterlyCalifornia
Statements
I Date Authorized In California:
1I07131/1981 1
Company Complaint
Company
License Status:
N UNLIMITED -NORMAL
Performance &
Comparison Data
(Company Type:
Property & Casualty
Company
(State of Domicile:
�CONNECTICUT
Enforcement Action
Composite
Complaints Studies
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Addltlonai Info
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NAIC Group #: 3548
Travelers Grp
Disclaimer
Unes Of Business
The company is authorized to transact business within these lines of insurance.
For an explanation of any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
http://interactive.web.insurance.ca.gov/Companyproftlelcompanyprofile?event--companyPr... 3/ 12/2013
Company Profile
Page 2 of 2
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
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® 2008 Callfomla Department of Insurance
http://interactive.web.insurance.ca.gov/companyprofile%ompanyprofile?event--companyPr... 3/ 12/2013
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-- Circulation Network Legend — Streets 1: 5, 311
City Boundary ❑ Parcels (01/2015) Notes
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