HomeMy WebLinkAboutRes 2016-84 - TM 36351 - Ponderosa Homes II IncRESOLUTION NO. 2016-84
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: ADOPT RESOLUTION NO. 2016- 84 APPROVING TRACT
MAP NO. 36351, AND THE SUBDIVISION IMPROVEMENT
AGREEMENT RELATING THERETO
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Ponderosa Homes II, Inc.
6671 Owens Drive
Pleasanton, CA 94588
DATE: November 10, 2016
CONTENTS: Resolution No. 2016- 84
Conditions of Approval
Surety Bonds and Improvement Agreement
Tentative Map
Final Map
Vicinity Map
Recommendation
Waive further reading and adopt Resolution No. 2016- 84 approving
Tract Map No. 36351, and the Subdivision Improvement Agreement
relating thereto.
Strategic Plan Obiective
Approval of this Tract Map furthers Priority 2 of the Land Use, Housing, and Open
Space goals of the Strategic Plan. These new single-family homes, along with a site for
a future multi -family development, facilitate the development of high -quality housing for
people of varying income levels.
Background
Tract 36351 is located between Cortesia Way and Dinah Shore Drive, south of Dick
Kelly Drive. This map provides for the creation of 111 single-family residential lots, and
an 8.15-acre lot for a future multi -family development within approximately 30.8 acres.
The tentative map was approved by the Planning Commission on December 2, 2014,
and, therefore, it will expire in December 2016.
Staff Report
Resolution to Approve Tract Map No. 36351
Page 2of2
November 10, 2016
Those conditions of approval related to the map have been satisfied. This map
conforms to the requirements of the Subdivision Map Act and City ordinances, and it is
substantially the same as it appeared on the tentative map.
Fiscal Analysis
Approval of the Tract Map will allow the construction of new homes resulting in revenue
to the General Fund from building permit fees, and a slight increase in property tax
revenue. There will also be a nominal increase in the cost of providing services to these
new residences.
Prepared B
Bo Chen, P.E., City Engineer
Moore, Director of Finance
Approval:
Lauri Aylaian, City Manager
Depa n Head:
�l
Mark Gr--epwoo y, P.E.,
Director olPublic Works
RESOLUTION 2016 - 84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE SUBDIVISION MAP OF
TRACT NO. 36351, AND APPROVING THE IMPROVEMENT
AGREEMENT RELATING THERETO.
BE IT HEREBY RESOLVED, by the City Council of Palm Desert, California, as
follows:
1. The Subdivision Map of Tract 36351 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, as
required by law, on behalf of the City, subject to the approval of the City Attorney as to
form.
4. The City Engineer is directed to process the Tract Map for recording upon
receipt of the required improvement security and the payment of all fees.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, on this 10ih day of November 2016 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
PLANNING COMMISSION __SOLUTION NO. 2639
CONDITIONS OF APPROVAL
CASE NOS. PP 14-170 AND TT 36351
DEPARTMENT OF COMMUNITY DEVELOPMENT:
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. Construction of a portion of the project 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 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. In the event that Native American cultural resources are discovered during project
development/construction, all work in the immediate vicinity of the find shall cease and a
qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the
find. Work on the overall project may continue during this assessment period. If significant
Native American cultural resources are discovered that require a Treatment Plan, the
developer or his archaeologist shall contact the Morongo Band of Mission Indians. If
requested by the Tribe, the developer or archaeologist shall, in good faith, consult on the
discovery and its disposition (e.g. avoidance, preservation, return, or artifacts to tribe, etc.).
6. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
7. The project shall be subject to all applicable fees at time of issuance of building permits.
8. The applicant shall install an emergency vehicle access and pedestrian gate at the project
boundaries at Raphael Drive. The applicant shall submit plans for the final design of the
gates to the Planning Department for approval prior to issuance of building permits for the
gates. The gate shall be installed prior to issuance of a building permit for the first
production home within the single-family home site.
9. The single-family development site shall comply with all recommendations provided by the
City's Architectural Review Commission at their meeting on June 10, 2014, including a
maximum building height of eighteen (18) feet, a minimum of six (6) inch relief on front
windows, architectural details on roof vents, and design of the project's perimeter walls.
5
PLANNING COMMISS, N RESOLUTION NO. 2639
10. All single-family lots shall comply with the following development standards:
Front Yard:
15 feet
Side Yard:
5 feet minimum
Street Side:
10 feet on corners
Rear Yard:
15 feet minimum
All other development standards shall comply with Palm Desert Municipal Code Section
25.16.050 and 25.56, including maximum building heights which shall not exceed eighteen
(18) feet for the single-family home site.
11. The applicant shall submit plans to the Planning Department for the development and use
of the common area lot (Lot "E") prior to the issuance of the twenty-second (22Id) building
permit for the single-family home tract. The installation of the common area improvements
shall commence prior to the issuance of the fifty-fifth (551h) building permit.
12. A precise plan shall be submitted to the City's Community Development Department for the
development of the eight -acre multi -family housing site. The multi -family site is permitted for
a maximum building height of 40-feet and three -stories and a maximum density of twenty-
two dwelling units per acre (22 du/ac).
13. The Owner of the eight -acre multi -family site shall enter into a Housing Agreement with the
City to make 10% of the total units within both project sites available to moderate income
households, as defined under California Health and Safety Code Section 50053,
("Restricted Income Units") at an "affordable rent," as defined in that same Section,
including a reasonable utility allowance. The City shall have the option, during the term of
the Housing Agreement, of requiring the Owner to rent an available Restricted Income Unit
to Lower Income Households, provided that the City agrees to provide a subsidy equal to
the difference between the affordable rent for the lower income household that can be
charged under California Health and Safety Code Section 50053 (b)(1), (2), or (3) and the
rent allowed for the moderate income household. If market rent charged by owner is less
than the affordable rent calculated under California Health and Safety Section 50053 (b)(4)
for a moderate income household, then the subsidy shall be equal to the difference
between the market rent and the affordable rent that can be charged under California
Health and Safety Code Section 50053 (b)(1), (2), or (3). The subsidy may be paid monthly,
or alternatively, in a negotiated sum payable by City or its designee to Owner in a one-time
amount or installments as prescribed by agreement between the City and Owner. The
Housing Agreement shall be entered into prior to the approval of a Precise Plan application
on the multi -family site.
14. Consistent with the City's General Plan Land Use Element this community shall not be age -
restricted. In the event that a homeowner association is formed for any or all of the parcels
created by this tract map, the governing documents of that association shall comply with the
Unruh Civil Rights Act and shall prohibit sale or rental of housing from discrimination on the
basis of sex, color, race, religion, ancestry, national origin, disability, or age.
0
PLANNING COMMISSION ..ESOLUTION NO. 2639
DEPARTMENT OF PUBLIC WORKS:
Prior to recordation of the Tract Map and any permits:
1. The tract map shall be submitted to the City Engineer for review and approval.
2. A Declaration of Annexation incorporating the new lots/owners into the existing
Homeowners' Association and Covenants, Conditions, & Restrictions (CC&Rs) shall record
concurrently with the final map, unless the existing CC&R's already accommodate such
annexation, proof of which shall be submitted for the City's perusal prior to approval of the
final map.
3. Waiver of access to Cortesia Way, Dick Kelly Drive, and Dinah Shore Drive shall be
dedicated on the final map, except at approved ingress/egress points.
4. The applicant shall prepare and submit a complete application to apportion the existing
assessment of Section 29 Improvement District, AD 2004-02.
5. Prior to City Council approval of the final tract map, the applicant shall construct or enter into
a subdivision agreement and post security, in a form and amount acceptable to the City
Engineer, guaranteeing the construction of the following improvements. Improvements, as
specified in section 2.2.3 of the Development Agreement, shall include:
a. Improvements on Dinah Shore Drive including, but not limited to, an 8' ADA compliant
meandering sidewalk and deceleration lane.
b. Improvements on Cortesia Way including, but not limited to, a 6' ADA compliant
meandering sidewalk.
c. Landscaping along Cortesia Way, Dinah Shore Drive, Dick Kelly Drive, and the existing
median on Dinah Shore Drive.
5. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55.
6. Drainage fees shall be paid in accordance with Section 26.49 of Palm Desert Municipal Code
and Palm Desert Ordinance Number 653.
Prior to the issuance of grading permits the applicant shall:
7. 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 work
commencing.
8. 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.
9. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
10. 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
7
PLANNING COMMISS_ . N RESOLUTION NO.2639
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.
11. 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.
12. Submit a site -specific geotechnical study. The geotechnical report shall be prepared by a
registered civil engineer or certified engineering geologist.
13. 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.
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.
14. Identify all proposed and existing utilities on the precise grading plan.
15. 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.
16. 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.
FIRE DEPARTMENT:
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.
2. 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 and 4,000 GPM at 20-PSI residual operating pressure for a four-hour duration for
multi -family projects.
3. 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
D.
PLANNING COMMISSION .ESOLUTION NO. 2639
projects. The required fire flow shall be available from any adjacent hydrant(s) in the
system.
4. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC Chapter 5).
5. 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.
6. 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.
9
CITY OF PALM DESERT
STANDARD FORM
SUBDIVISION
FAITHFUL PERFORMANCE BOND
NAME OF SUBDIVISION: Gallery North. 'T -,t < 4 JJ
NAME OF SUBDIVIDER: Ponderosa Homes II. Inc.
NAME OF SURETY: The Continental Insurance Comganv
EFFECTIVE DATE: October 10, 2016
AMOUNT OF BOND: $1,291,600.00
BOND NUMBER: 929643330
PREMIUM: $9,300.00
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, or otherwise, named on line 2 above, without regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of
California and presently possessed of authority under Title 6 of the United States
Code to do business under Sections 6 to 13 thereof, in the aggregate amounts
hereof, hereinafter referred to as SURETY, are jointly and severally held and
firmly bound unto the City of Palm Desert, a municipal corporation of the State of
California, hereinafter referred to as CITY, in the sum mentioned on Line 6
above, for the faithful performance of that certain SUBDIVISION
IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the
subdivision named on Line 1 above, as required by the provision of the
Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for
the payment of which sums well and truly to be made, PRINCIPAL and SURETY
hereby bind themselves, their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that if the said
PRINCIPAL shall faithfully perform the covenants, conditions, and agreements
contained in that certain SUBDIVISION IMPROVEMENT AGREEMENT between
PRINCIPAL and CITY regarding the subdivision named on LINE 1 of Page 1
hereof, which said agreement is by this reference incorporated herein, on its part
to be kept and performed, in a manner and form therein specified, and shall
furnish material in compliance with the specifications and perform all that certain
work and improvement in said CITY which is more particularly described in said
SUBDIVISION IMPROVEMENT AGREEMENT, then the obligation with respect
to the faithful performance is by this reference incorporated herein.
The said SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
SUBDIVISION IMPROVEMENT AGREEMENT or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the SUBDIVISION
IMPROVEMENT AGREEMENT, the work, the specifications or any feature or
item of performance thereunder. In the event it becomes necessary for CITY to
bring an action to enforce this bond, SURETY shall pay CITY's reasonable
attorney's fees and court costs in connection therewith.
IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this
instrument on the date mentioned on Line 4 of Page 1 hereof.
Ponderosa Homes II, Inc.
By. r /'✓��
PRINd4O4L"W SIGNATURE
LINDA F MoRA ScH
PRINT NAME
io ?or,ctrr03(,t �y,if . /A/C .
TITLE & COMPANY NAME
PRINCIPAL'S SIGNATURE
PRINT NAME
TITLE & COMPANY NAME
The Continental I surance Company
B:
SURETY'S IGNATURE
Erin Bautista, Attorney -in -Fact
SURETY'S SIGNATURE
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
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 ALAMEDA
On October 11, 2016 before me, Janet S. Weni�,),, Notary Public
(here insert name and title of the officer)
personally appeared Linda F. Morasch
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 she executed the same in her
authorized capacity, and that by her 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.
Signature
JANET S. WENIG
Commissiort #t 2078545
NMry Public - California zZ
Alameda County
My Comm. Expires Aqq 18, 2018
(Seal)
2294-001 G9TOR M\ 1224230.1
10/1/14
ACKNOWLEDGMENT
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 Santa Clara
On October 10, 2016 before me, Jean L. Neu, Notary Public
(insert name and title of the officer)
personally appeared Erin Bautista
who proved to me on the basis of satisfactory evidence to be the person(rs) whose name(s) is/axe
subscribed to the within instrument and acknowledged to me that he/she/" executed the same in
W;X/her/AWrauthorized capacityoeo, and that by kic/her/ktk signature(s) on the instrument the
person(zs), 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.
Signatur>'-"
_ JEAN L. NEU
Commission # 2056701
Notary Public -California D
Santa Clara County
M Comm. Ex fires Mar 1, 2016
�;
v P
(Seal)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Erin Bautista, Jean L. Neu, Bryan D. Martin, Individually
of San Mateo, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 4th day of May, 2015.
The Continental Insurance Company
tf
•••�''•��"��•• Paul Zru at "r • Vice President
State of South Dakota, County of Minnehaha, ss:
On this 4th day of May, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
wr+�r+
J. MOHR
NOTARY PUBM
SOUTH [YIKOTAOTA
..."... ... ,..a
My Commission Expires June 23, 2015
Mohr
CERTIFICATE
7X?A--I�
Notary Public
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this day of OCT I .- 2M6—,
•���j�,jgv�. The Continental Insurance Company
•
•Zp , O;
few D. Bult Assistant Secretary
Form F6850-4/2012
CITY OF PALM DESERT
STANDARD FORM
SUBDIVISION
PAYMENT BOND
(LABOR & MATERIALS)
NAME OF SUBDIVISION: Gallery North
NAME OF SUBDIVIDER: Ponderosa Homes II, Inc.
NAME OF SURETY: The Continental Insurance Company
EFFECTIVE DATE: October 10, 2016
AMOUNT OF BOND: $645,800.00
BOND NUMBER: 929643330
PREMIUM: Incl. In Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity or otherwise, named on Line 2 of Page 1 hereof without regard
to gender and number, hereinafter referred to as PRINCIPAL; and the
corporation named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the State of California and presently possessed of authority under
Title 6 of the United States Code to do business under Section 6 to 13 thereof in
the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly
and severely held and firmly bound unto and all materialmen, persons,
companies or corporations furnishing materials, provisions, provender or other
supplies used, in, upon, for or about the performance of the work contracted to
be executed or performed under the terms of that certain SUBDIVISION
IMPROVEMENT AGREEMENT hereinafter mentioned and all persons,
companies or corporations renting or hiring teams or implements, or machinery,
for contributing to said work to be done, all persons who performed work or labor
upon the same, and all persons who supply both work and materials, and whose
claim has not been paid by PRINCIPAL in the just and full sum mentioned on
Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said
PRINCIPAL and SURETY bind themselves, their heirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION is such that whereas the above -
bounden PRINCIPAL has entered into a SUBDIVISION IMPROVEMENT
AGREEMENT with the City of Palm Desert, a municipal corporation of the State
of California, hereinafter referred to as CITY, for the construction of public
improvements in the subdivision named on Line 1 of Page 1 hereof, which said
SUBDIVISION IMPROVEMENT AGREEMENT is by this reference incorporated
herein:
NOW, THEREFORE, if the above -bounden PRINCIPAL, contractor,
person, company or corporation, or his or its subcontractor or subcontractors,
fails to pay for any materials, provisions, provender, or the supplies, or teams
used in, upon, for, or about the performance of the work contracted to be done,
or for any work or labor done thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work for labor, SURETY on
this bond will pay the same, in an amount not exceeding the sum specified in this
bond, and also, in case suit is brought on this bond, a reasonable attorney's fee
which shall be awarded by the court to the prevailing party in said suit, said
attorney's fee to be taxed as costs in said suit and to be included in the judgment
therein rendered.
This bond is executed and filed to comply with the provisions of the
Subdivision Map Act; and all CITY ordinances, resolutions, rules and regulations
supplemental thereto; and all amendments thereto; and shall inure to the benefit
of any and all materialmen, persons, companies or corporations entitled to file
claims under and by virtue of the provisions thereof.
IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this
instrument the date mentioned on Line 4 of Page 1 hereof.
Ponderosa Homes II, Inc.
kLl;'�S�1GFIRMUR15'
PRINCIPAL'S SIGNATUREPRIN
LAWOA
PRINT NAME PRINT NAME
TITLE COMPANY NAME TITLE & COMPANY NAME
The Continental Insurance Company
By: : I SLI,
SURETY'S NATURE
Erin Bautista, Attorney -in -Fact
SURETY'S SIGNATURE
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
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 ALAMEDA
On October 11, 2016 before me, Janet S. Wenip-, Notary Public
(here insert name and title of the officer)
personally appeared Linda F. Morasch
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 she executed the same in her
authorized capacity, and that by her 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.
JANET S. WENIG
Commission # 2078545
IV Z
Notary Public - California
Alameda County
Signature ( 1 My Comm. Expires Aug 18, 2018
(Seal)
2294-00169\1-'ORM\ 1224230.1
10/1/14
ACKNOWLEDGMENT
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 Santa Clara
On October 10, 2016 before me, lean L. Neu, Notary Public
(insert name and title of the officer)
personally appeared Erin Bautista
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/axe
subscribed to the within instrument and acknowledged to me that he/she/tt y executed the same in
1ao't4s/herkWptauthorized capacityoeo, and that by kWher/ftir signature(a) on the instrument the
person(is), 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.
k r
Signature L �I'�� L--
(Seal)
JEAN L. NEU
Commission # 2066701
a :=s
Notary Public - California z
z `C;
My
Santa Clara County
Comm. Expires Mar 1, 2016
`• POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Erin Bautista, Jean L. Neu, Bryan D. Martin, Individually
of San Mateo, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 4th day of May, 2015.
jNS(j The Continental Insurance Company
�f
"�"''�•• Paul T Bru at KVice President
State of South Dakota, County of Minnehaha, ss:
On this 4th day of May, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. MOHR
Normy puauc
p SOUTH DAWTA
My Commission Expires June 23, 2015
J. Mohr
CERTIFICATE
7)V?A_k�
Notary Public
1, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In tlels i�,1o'1� wh have hereunto subscribed my name and affixed the seal of the said insurance
company this day of NTT
1 I
�y1Ns • The Continental Insurance Company
D. Bult Assistant Secretary
Form F6950-4/2012
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
NAME OF SUBDIVIDER:
, 20
(referred
to as "SUBDIVIDER").
NAME OF SUBDIVISION: j��3��/ No. of Lots:
(referred to as
"SUBDIVISION").
TENTATIVE MAP RESOLUTION OF APPROVAL NO.: Z( (TM No: 14,3)
(referred to as "Resolution of Approval")
IMPROVEMENT PLANS APPROVED ON: G - q $3 A"rewect
(referred to as
"Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS:$ ZA rj: goo
ESTIMATED TOTAL COST OF MONUMENTATION: 35 QQQ
SURETY:
BOND NOS: 9 2q (o `i333/
SURETY: ►h('_ (1_C�(l-I�fl@i'
R-
l-�Q.
-( InSUr&nCP cnrA_F _*A_y
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 \5753099.2
4130115
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
72500.0000 1 \5753099.2 - 2 -
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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.
72500.00001\5753099.2 - 3 -
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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,
72500.00001\57530992 - 4 -
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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. Acquisition 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.
72500.0000 1 \5753099.2 - 5 -
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3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's
performance by furnishing to CITY, and maintaining, good and sufficient
security as required by the Subdivision Laws on forms approved by CITY for the
purposes and in the amounts as follows:
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
72500.0000 1 \5753099.2 - 6 -
4/30/ 15
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
72500.0000 1 \5753099.2 - % -
4/30/15
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
72500.0000 1 \5753099.2 - 8 -
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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 Progertv 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
72500.00001\5753099.2 - 9 -
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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
72500.0000 1 \5753099.2 - 10 -
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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.
72500.00001\5753099.2-
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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,
72500.0000 1 \57 53099.2 - 12 -
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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. Iniury 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 Warrantv. 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
72500.0000 1 \5753099.2 - 13 -
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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
72500.0000 1 \5753099.2 - 14 -
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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 Obliqation to Warn Public Durinq Construction. Until
formal final acceptance of the improvements, SUBDIVIDER shall give
good and adequate warning to the public of each and every dangerous
condition existent in said improvements, and will take all reasonable
actions to protect the public from such dangerous condition.
16. Vestinq of Ownership. Upon formal final acceptance of the work by CITY
and recordation of the Resolution of Acceptance of Public Improvements,
ownership of the improvements constructed pursuant to this Agreement
shall vest in CITY.
17. Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the City
Engineer after final completion and inspection of all improvements. The
City Council shall act upon the Engineer's recommendation within sixty
(60) days from the date the City Engineer certifies that the work has been
finally completed, as provided in Section (6). Such acceptance shall not
constitute a waiver of defects by CITY.
18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of
the acts or omissions of SUBDIVIDER, its agents, or employees,
contractors and subcontractors in the performance of this Agreement.
SUBDIVIDER further agrees to protect, defend, indemnify and hold
harmless CITY, its officials, boards and commissions, and members
thereof agents and employees from any and all claims, demands, causes
of action, liability or loss of any sort, because of, or arising out of, acts or
omissions of SUBDIVIDER, its agents, employees, contractors and
subcontractors in the performance of this Agreement, except for such
72500.0000 1 \5753099.2 - 15 -
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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
72500.0000 1 \5753099.2 -1 6 -
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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 Obligations. 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
72500.0000 1 \5753099.2 - 1 % -
4/30/15
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 Vesting of Rights. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER's rights with respect to any
change in any zoning or building law or ordinance.
24. Notices. All notices required or provided for under this Agreement shall be
in writing and delivered in person or sent by mail, postage prepaid and
addressed as provided in this Section. Notice shall be effective on the
date it is delivered in person, or, if mailed, on the date of deposit in the
United States mail. Notices shall be addressed as follows unless a written
change of address is filed with the City:
72500.00001\5753099.2 - 18 -
4/30/ 15
Notice to CITY: City of Palm Desert
73-510 Fred Waring Drive Palm
Desert, California 92260 Attn: Public
Works Director
�• % mot% �� .�[�i. � �.��
Notice to SUBDIVIDER: 40/95
BAN Sur mr -o
Notice to SURETY: 555 MK-<40f1 4rep 5 2em
� n anC i Ica rA 9'51 c�
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
72500.0000 1 \5753099.2 - 19 -
4/30/15
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 Aqreement. This Agreement constitutes the entire agreement of
the parties with respect to the subject matter. All modifications,
amendments, or waivers of the terms of this Agreement must be in writing
and signed by the appropriate representatives of the parties.
31. Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California.
32. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement
shall be in the County of Riverside, State of California.
72500.00001 \5753099.2 - 20 -
4/30/ 15
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
r A (� BY:
SlJohjrbEh MAYOR
(Proper Notarization of SUBDIVIDER's
signature is required and shall be attached)
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
72500.0000 1 \5753099.2 - 2 1 -
4/30/15
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 ALAMEDA
On October 13, 2016 before me, Janet S. WeniL, Notary Public
(here insert name wid title of the officer)
Personally appeared Jeffrev C. Schroeder
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.
JANET S. YVENHi
1 Cornerission 2076545
Nohry Public - Calitomia
Signature NNW& County
jl Comm. Expires Au? 18, 2018
(Seal)
2294-00169\1: ORM\ 1224230.1
10/1/14
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
i nfo(cD pa I m-d ese rt. orq
BONDS AND FEES SUMMARY
PONDEROSA -PERMIT FEES FOR TR 36351 DATE:
BONDS
August 18, 2015
Faithful Performance $ 1,291,600.00
Labor and Materials $ 645,800.00
REFUNDABLE CASH DEPOSITS
Survey Monumentation $ 35,000.00
PM10 $ 62,000.00
FEES
Grading Permit Processing
Plan Check
Inspection
Park
Signalization
Drainage
Haul Route Wear & Tear .
C.CANALES
$
279.00
$
78.00
$
30,038.00
$
215,947.85
$
5,600.00
$
31,000.00
$
3,920.00
TOTAL FEES $
286,862.85
Checked By:
G IPubWorksl TemplateslRevised Park -Residential Grading Foes-TR 36351 xlsx
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1:10,235
CcRA
TRACT NO. 36351
VICINITY MAP
NO. 36351