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Home My WebLink AboutRelease Security - Tract Map 36404 - VP Builders),L CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE SECURITY FOR TRACT 36404 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANTS: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 VP Builders, LLC 371 Centennial Pkwy, Ste. 200 Louisville, CO 80027 BOND NUMBER: 0611142 DATE: January 22, 2015 CONTENTS: Agreement and Bonds Vicinity Map Recommendation By Minute Motion, release security for Tract 36404. Background The subject property is located on the southwest corner of Country Club Drive and Portola Avenue. At the time of grading permit issuance for Lot 5 of Tract 36404, a faithful performance bond in the amount of $6,112.50 and a Labor and Materials bond in the amount of $3,056.25 were submitted for onsite grading. All grading for Lot 5 has been completed. Staff recommends that City Council authorize the release of the faithful performance and labor and materials bonds. Staff Report Release Security for Tract 36404 January 22, 2015 Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Depa hn41() '1A ,6a Q /A Christina Canales, Assistant Engineer Mark G Directo (4 - Paul S. Gibson, Director of Finance Nq n M. Wohlmuth, City Manager iwood, P.E., Public Works GRADING ONLY AGREEMENT DATE OF AGREEMENT: March 19 , 2013 NAME OF OWNER/DEVELOPER VP Builders LLC (referred to as "GRADER"). PROPERTY (MAP AND PARCEL NO.): Tract No.�36404 No. of Lots: (referred to as "PROPERTY"). GRADING PLANS APPROVED ON: _February 8, 2013 (referred to as "GRADING PLANS"). ESTIMATED TOTAL COST OF GRADING:$ SURETY: BOND NOS: SURETY: 6,112.50, -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the GRADER. RECITALS A. In consideration of the approval of the Grading Plans for the PROPERTY by the City Council, GRADER desires to enter into this Agreement, whereby GRADER promises to complete, at GRADER's own expense, all the grading work required by CITY in connection with the proposed PROPERTY. GRADER has secured this Agreement by grading security required by the City and approved by the City Attorney. RMPMVM760 —1 _ C:\Documents and Settings\Robert.Hargreaves\Hy Documents\PALM! DESERT - Grading Agreement.doc B. GRADING PLANS for the grading of the PROPERTY have been prepared by GRADER and approved by the City Engineer. The GRADING 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 GRADING PLANS shall include reference to any specifications for the improvements as approved by the City Engineer. C. An estimate of the cost for grading and performing land development work in connection with the grading according to the GRADING 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. D. CITY has adopted standards for the grading of property within the CITY. The GRADING PLANS have been prepared in conformance with CITY standards in effect on the date of the approval. E. GRADER recognizes that CITY and adjacent properties may be damaged by GRADER's failure to perform its obligations to complete approved grading 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 GRADER. NOW, THEREFORE, in consideration of the approval by the City of the GRADING PLANS, GRADER and CITY agree as follows: (1) GRADER's Obligation to Complete Grading. GRADER shall: RMPUB%VCD%760 _ 2 - C:\Documents and Settings\Robert. Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc (a) Complete at GRADER's own expense, all the grading required by the Approval in conformance with approved GRADING PLANS within one year from date of execution of this Agreement; provided however, that the grading shall not be deemed to be completed until approved by City Engineer as provided in Section 4 herein. (2) Secu ' . GRADER shall at all times guarantee GRADER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the CITY 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 grading in an amount of 25% of the estimated cost of the grading. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. RMPUBWCU\760 - 3 - C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreenent.doc (3) Alterations to GRADING PLANS. (a) Any changes, alterations or additions to the GRADING PLANS not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and GRADER, 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, GRADER shall provide grading security for faithful performance as required by Section (3) of this Agreement for twenty-five percent (25%) of the total estimated cost of the grading as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. (b) The GRADER shall complete the grading in accordance with CITY standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to modify the standards applicable to the PROPERTY and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state orfederal law or CITY zoning ordinances. If GRADER requests and is granted an extension of time for completion of the grading, CITY may apply the standards in effect at the time of the extension. (4) Inspection. GRADER shall at all times maintain proper facilities and safe access for inspection of the grading by CITY inspectors. Upon completion of the work, GRADER 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 grading. When applicable law requires an RMPU13\VCD%760 _ 4 _ C:\Documents and Set tings\Robert. Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc inspection to be made by City at a particular stage of the grading, CITY shall be given timely notice of GRADER's readiness for such inspection and GRADER shall not proceed with additional work until the inspection has been made and the work approved. GRADER shall bear all costs of inspection and certification. (5) 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 approved of the act or work. (6) Injury to Public Improvements, Public Property or Public Utilities Facilities. GRADER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or property monuments which are destroyed or damaged as a result of any work under this Agreement. GRADER 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. (7) Permits. GRADER shall, at GRADER's expense, obtain all necessary permits and licenses for the grading, give all necessary notices and pay all fees and taxes required by law. (8) Default of GRADER. (a) Default of GRADER shall include, but not be limited to, RMPUB%VCDk760 — rj — C:\Documents and Settings\Robert.Hargreaves\My Documenta\PALM DESERT - Grading Agreement.doc (1) GRADER's failure to timely commence the grading; (2) GRADER's failure to timely complete grading; (3) GRADER's failure to timely cure any defect in the grading; (4) GRADER's failure to perform substantial work for a period of twenty (20) calendar days after commencement of the work; (5) GRADER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the PROPERTY or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or Agreement. (7) GRADER's failure to perform any other obligation under this (b) CITY reserves to itself all remedies available to it at law or in equity for breach of GRADER'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 GRADER. 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 grading and, therefore, CITY's damages for GRADER's default shall be measured by the cost of completing the required grading. The sums provided by the security may be used by CITY for the completion of the grading in accordance with the GRADING PLANS contained herein. RMPUB%VM760 _ 6 _ C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc In the event of GRADER's default under this Agreement, GRADER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to GRADER and to GRADER'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 GRADER, and GRADER'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 GRADER as may be on the site of the work and necessary for performance of the work. (c) Failure of GRADER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against the PROPERTY. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's breach shall be in the discretion of CITY. (d) In the event that GRADER fails to perform any obligation hereunder, GRADER 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 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 GRADER. RMPUWVCD%760 C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc (9) GRADER Not Agent of CITY. Neither GRADER nor any of GRADER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of GRADER'S obligations under this Agreement. (10) 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 GRADER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. GRADER 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 GRADER, 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 grading of the PROPERTY, and in addition, to adjacent property owners. Approval by CITY of the grading 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 performance of grading, regardless of any negligent action or inaction taken by CITY in approving the plans, unless the particular design was specifically required by CITY over written objection by GRADER submitted to the City Engineer before approval of the particular grading design, which objection RMNUBWCW60 _ 8 - C:\Documents and Settings \Robert.Hargreaves \My Documents\PALM DESERT - Grading Agreement.doc indicated that the particular grading design was dangerous or defective and suggested an alternative safe and feasible design. GRADER 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. (11) Personal Nature of GRADER'S Obligations. All of GRADER's obligations under this agreement are and shall remain the personal obligations of GRADER notwithstanding a transfer of all or any part of the property subject to this Agreement, and GRADER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the PROPERTY or to any other third party without the express written consent of CITY. (12) Sale or Disposition of PROPERTY. GRADER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the GRADER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under Section (18) for the work or improvement done by GRADER. (13) Time of the Essence. Time is of the essence in the performance of this Agreement. (14) Time for Commencement of Work; Time Extensions. GRADER shall commence substantial grading 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 grading hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be RMPUMVCD%760 _ 9 _ C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc executed in writing by the City Engineer. Any such extension may be granted without notice to GRADER'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 GRADER 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 GRADER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require GRADER to fumish 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. (15) No Vesting of Rights. Performance by GRADER of this Agreement shall not be construed to vest GRADER's rights with respect to any change in any zoning or building law or ordinance. (16) 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: RM"%VCM760 _ 1 O C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to GRADER: VP Builders LLC 371 Centennial Parkway, Ste 200_ Louisville, Co 80027 Notice to SURETY: (17) Compliance With Laws. GRADER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the grading required by this Agreement. (18) 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. 0 9) 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. (20) 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. RMPUBkVCM760 -11- C:\Documents and Set tings\Robert.Hargreaves \My Documents\PALM DESERT - Grading Agreement.doc (21) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (22) 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. (23) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. VP guiders, i'_LG CITY OF PALM DESERT RADER Sha%f-m K. Eshiwta, I'�a+�a9er GRADER (Proper Notarization of GRADER's signature is required and shall be attached) By: MAYOR RMPI H VC1P760 _12— C:\Documents and Sett ings\Robert. Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc RMPVB%VCDi760 -13- ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of GaNpaata CARLA 01 GREGORIO IIDDIRYP(i1 W-6=CF COLOMW WWI SO M124033034 01 Cweftft Eqlm S 2011! RINPMVCD%760 RA, who proved to me on the bade of aelidedory evidence to be the person(s) whom name(s) Were aubecrbed to the within instrument and adoxm4edged to me that heithaAhey memited the same in hWhadthelr aulhormed capadty(les), and that by hleMedlheir signahne(s) on the Wminmertt the person(s), or the entHy upon behalf of which the pereon(s) acted, mcuted the kwtrurtent. I certify under PENALTY OF PERJURY under the laws of the State of Califomim that the bregdng paragraph Is true and oorrecL WITNESS h ffl el seal. �ro.ter�eew Sigf18 OPTIONAL 7nayrr Nw aW m& kmxk ,mno i one /nil V* 6 m m � = Description of Attached Domunant Tfile or Type of Document Document Date: Signer(s) Other Than Named Above: Capadty(lea) Clakned by Signers) Sigroft Name: O lrrdvidual O Corporals Officer — TNWs): O Parbrar — O LUnlled O General O A tornsy in Feet O Thratee Teo a 4e.4trN O Guarden or Conservator O Other. Signer is Rep(Gssaft Number of Pager signers Name: O Individual O Corporals Officer —TNW*): O Partner — O LknVAd O GenwW O Attorney In Fact O Thom d nne Iw O Guardian or Consrvator O OMwr: Signer Is Reprs UnF oarorwe.rw,rr�.orrr•aeoo.are....►aswero•ar.dwa�aaaae•...rrr+rw.rw �••�w n.ruroriaF.naooaxnn C:\Documents and Settings\Robert. Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc Company Profile Company Profile Page I of 1 INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 2999 OAK ROAD SUITE 820 WALNUT CREEK, CA 94597 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 11592 4705 4341-4 February 09, 1996 UNLIMITED -NORMAL Property & Casualty NEW JERSEY Lines of Insurance Authorized to Transact 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. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - November 10, 2012 10:58 AM Copyright m California Department of Insurance .. .,• . I • i I r 11. . . r ...1 . _. . - ._.. - M.. 1-1 It n c inn 1 17 CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: 760 346-0611 Fax: 760 341-7098 infoitualm-desert.oro BONDS AND FEES SUMMARY PROJECT: TR 36404 GRADING PERMIT FEES FOR 72 UNITS DATE: October 9, 2012 BONDS Faithful Performance $ 6,112.50 Labor and Materials $ 3,056.25 REFUNDABLE CASH Wows PM10 $ 12,000.00 FEES Grading Permit Processing Plan Check . Inspection Signalization Drainage Haul Route Wear & Tear . . $ 279.00 . $ 1,422.00 . $ 5,139.00 . $ 3,600.00 PAID $ 3,500.00 TOTAL FEES $ 13,940.00 Prepared By: C. CANALES Checked By: CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92280-2578 TEL: (760) 7764450 401 FAX: (760) 341-7098 PROJECT: DATE: (A) GRADING (25% OF GRADING ESTIMATE) x 25% _ $6,112.50 *25% of Engineers Grading Estimate (B) STREET IMPROVEMENTS *100% of Engineers Estimate ++ BOND TOTAL FOR FAITHFUL PERFORMANCE ,112.50 ++ BOND TOTAL FOR LABOR AND MATERIAL $3,056.251 (B) PM10 - DUST CONTROL DEPOSIT ACRES = $12,000.00 •$2000 Per Acre + + REFUNDABLE CASH DEPOSIT AMOUNT DUE $12,0 0. 0 (A) APPLICATION PROCESSING FEE MASS GRADING PLAN CHECK' ACRES = ROUGH GRADING PLAN CHECK' ACRES = PRECISE GRADING PLAN CHECK' ACRES = HYDROLOGY (PER ACRE) ACRES = SWPPP/NPDES PLAN CHECK (Y OR N) PM 10 PLAN CHECK (Y OR N) ADDITIONAL PLAN CHECKS (3 OR MORE) OTAL CHECK $279.00 $0.00 $0.00 $1,783.00 $2,112.00 $176.00 $78.00 $0.rM 'Grading Plan Check Fee is $775 for first 3 acres plus $310 for each acre over 3 HALF STREET IMPROVEMENTS PLAN CHECK" LF = $0.00 FULL STREET IMPROVEMENTS PLAN CHECK' LF = $0.00 STORM DRAIN PLAN CHECK" LF = $0.00 SIGNING AND STRIPING PLAN CHECK (Y OR N) $0.00 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) $0.00 ❑ 10,001 TO 22,000 SF (Y OR N) $0.00 O OVER 22,000 SF;,, (Y OR N) $1,422.00 HAUL ROUTE WEAR AND TEAR ;r; ._k TOTAL PLAN CHECK FEES ;5,571.00 MINUS ANY PLAN CHECK FEES PAID :_„;1$; $4,149.00 + + TOTAL PLAN CHECK FEES DUE $1,422.001 (Continued on Page 2) 2012 CALC FEES CITY OF PALM 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA TEL: (760) 776-6460 FAX: (760) 341-7098 PROJECT: TR 36404 GRADING PERMIT FEES FOR 72 UNITS DESERT 92260-2578 DATE: 10/9/2012 MASS GRADING INSPECTION'• ACRES = $0.00 ROUGH GRADING INSPECTION* ACRES = $0.00 PRECISE GRADING INSPECTION' ACRES = $3,021.00 PM10 INSPECTION (Y OR N) $477.00 SWPPP/NPDES INSPECTION 0 (Y OR N) $318.00 'Grading Inspection Fee is $1590 for first 3 acres plus $477 for each acre over 3 HALF STREET IMPROVEMENTS INSPECTION' LF = $0.00 FULL STREET IMPROVEMENTS INSPECTION" LF = $0.00 STORM DRAIN INSPECTION* LF = $0.00 SIGNING AND STRIPING INSPECTION (Y OR N) $0.00 TRAFFIC SIGNAL INSPECTION 0 (Y OR N) $0.00 *Street and Storm Drain LF taken from starting station to ending station on plan NON-RESIDENTIAL LANDSCAPE IMPROVEMENTSIRENOVATIONS INSPECTION ❑ UP TO 10,000 SF (Y OR N) $0.00 ❑ 10,001 TO 22,000 SF (Y OR N) $0.00 O OVER 22,000 SF (Y OR N) $1,323.00 + + TOTAL INSPECTION FEES DUE -41 $ 6,7 M. SIGNALIZATION IMPACT FEES COMMERCIAL ($500 Per 1000 Sq.Ft. Bldg.) Bldg. Sq.Ft. $0.00 INDUSTRIAL ($500 Per Acre) # Acres $0.00 RESIDENTIAL ($50 Per Dwelling Unit) # D.U.'s $3,600.00 DRAINAGE IMPACT FEES SOUTH OF WHITEWATER # Acres $0.00 BTWN. WHITEWATER AND SAND RIDGE # Acres $0.00 NORTH OF SAND RIDGE LINE # Acres $0.00 $0.00 MISCELLANEOUS FEE NOT LISTED + + TOTAL DEVELOPMENT IMPACT FEES DUE -> , 0.00 Calc'd by Chk'd by CITY OF PALM DESERT STANDARD FORM FAITHFUL PERFORMANCE BOND NAME OF DEVELOPMENT: Villa Portofino NAME OF DEVELOPER: VP Builders LLC NAME OF SURETY: International Fidelity Insurance Company EFFECTIVE DATE: March 19, 2013 AMOUNT OF BOND: $6,112.50 BOND NUMBER: 0611142 PREMIUM: $100.00 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. VP Builders, LLC Pq1W 6��' P N IPAL'S SIGNATURE S9wotj ev-c, PRINT NAME J F 6"., 1c9qs Lc..C— TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME Intemational Fidelity Insurance Company LC) ML& r" . SURETY'S SIGNAZURE Victoria M. Campbell, Attomey-in-Fact SURETY'S SIGNATURE (Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must be attached. INDIVIDUAL ACKNOMILEDQMENT State/ CPto f7a C n ss. County of ;1 )Iol- ] On this the j � day of --,,?,D/ 3 , before me, Day bloom Year -Q.— '7-S- —7Z ( I o r' , the undersigned Notary Public, NWW of NOW Ptbk personally appeared Nama(a) of SOW04) VALERIE J TAYLOR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 4 20084024607 MY COMMIMON EXPIRCS AUGUST OS. 2018 PIN* Notary Seal VOW Sump Above Xpersonally known to me — OR — [ 1 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 for the purposes therein stated. WITNESS my hand and official seal. Sorehae of N&W Pu01le Olhw Required trdot MhM (PrMW Name of Notary. Residence, at.) OPTIONAL Adfho o the information in this section is not required bylaw, it may prove valuable to persons Top of tfnrmb here re!y►ng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Any Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: 020M NAMW Notary Awodedon • 9350 On Sob Ave., P.O. (ton 2402 • ChYtwor1K CA M313,2402•www.Nrdme1lotwya9 awn aM Pam* Coo ToLFm 1400978.aW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On MAR 19 2013 before me, Julip Hien Nguyen, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Victoria M Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in t4s/her/th& authorized capacity(ies), and that by his/her/th& 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. AN AA 06111 NIBUj rEN Conl■NoMs • 200l1.160 NLip otes► Pshk - COW* WITNESS my hand and official seal. Ong CtImy y SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑1NDMDUAL []CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDWVCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONAS) OR EWM(IES) Intemational Fidelity Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MAR 19 2013 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CITY OF PALM DESERT STANDARD FORM PAYMENT BOND (LABOR & MATERIALS) NAME OF PROJECT: Villa Portofino NAME OF DEVELOPER: VP Builders LLC NAME OF SURETY: Internabonal Fidelity Insurance Company EFFECTIVE DATE: March 19, 2013 AMOUNT OF BOND: $3,056.25 BOND NUMBER: 0611142 PREMIUM: Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 of Page 1 hereof without regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Section 6 to 13 thereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely held and firmly bound unto and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used, in, upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain 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 r 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. VP Builders, LLC ,IICIPAUS SIGNATURE PRINCIPAL'S SIGNATURE s'twa'j K PRINT NAME PRINT NAME V P &- leers tu- TITLE & COMPANY NAME TITLE & COMPANY NAME International Fidelity Insurance Company SURETY'S SIGNATURE Victoria M. Campbell, Attorney -in -Fact SURETY'S SIGNATURE (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY s _ T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On MAR 19 2013 before me, Julia Hien Nguyen, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Victoria M Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hWher/0;& authorized capacity(ies), and that by Ws/hertth& 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. JUUA HE* M unn �V10" WITNESS my hand and official seal. i NMI AIOiIC - cowd"do aim C" SIGNATURE OF NOTARY OPTIONAL Though the date below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER []INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTnY(IES) International Fidelity Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MAR 19 2013 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE TiO (9T3) aza-nW POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS! That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania. having their principal dke in the City of Newark, New Jersey, do hereby constitute and appoint MELISSA NICOLE TETZLAFF, CHRISTINA JOHNSON, LINDE L. HOTCHKISS, ERIK JOHANSSON, LISA CLARK, KIM E. HEREDIA, VICTORIA M. CAMPBELL Los Angeles, CA. their true and lawful at sYi Yin -fact to execute, seal and delver Wand on its behalf as surety, any and al bor►ds and contracts of and other writings oblSaWy- In the nature thereof, which are or may be allowed, required or pennitted by low, statute rub contract a o� and the execution of ouch 1(s) In these presents, athall be as tAndbng upon the Bald INtEW�AnTI Pal �IDElITY MISURANC� COMPANY and ALLEGHENY C�ISUALTY LANY. as 6* and amply, to al Intents and purposes. as If the same had been duty executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorrney is executed and ma r be revoked, pursuard to and by of the 6 taws of INTERNATIONAL FIDELITY INSURANCE COMPANY and AW.E ENY CASUALTY ct7MP/1NY and la granted under and bysx� of the fbilowiry resolution adopt . -y the Board of Directors m of INTERNATIONAL FIDELITY INSURANCE COMPANY at a eefi g duly held on the 201h day of July, 20 and by the Board Dirac of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000. *RESOLVEDLOW (1) the President. Vice President, or Secretary of the Corporation shall have the to appoInL and to revoke the appoihtrnents of, ar act a ants see acontracts ds asarb defined or Iinited to IFheir reape�cetivepooyw,ers of e��ey, and to exewM on belnelf o/ the Corporation � �, t�elnalf of 'tlneof � and diner written obipcustodians. foes In the mature thereof or ;=m ed thereto' and (2) any such of the Carporatlorh may and revoke 6rhen of joiN-contrd cuslodle aparNs for c� of and fact with y to execute waivers ooneanta on and (3) the afgrhatthre of any auchs0 the nd��bevail I�erea�herfnere6vado Eby the Corporaa�originelmne��of such officer and the arighal seat of the Corporation, to be vaYd IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these preserhs on Qds 121h day of March, 2012. C ou my of JERSEY Executive M� EP esideeint R ft Oftw Insurance Company) end Presidentternational F�yANegheny CesualtyO y C ) On tibia 12th day of March 2012. before me can the Individual who executed the preceding Instrument, to me personaly known. and, being by me duly sworn, said he is the therein described and authorized dfiicer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said knstrnxnernt are the Corporate Seals of said Companies; that the said Corporate Seale and his signature were duty affixed by order of the Boards of Directors of said Companies. NY Viq,Z�� *OP�DYa�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 -",tee, •. CERTIFICATION I, tine undersigned oMoer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby ca * that I have compared the foregoing copy of the Power of Attorney and aMdeA and the copy of the Sections of the By-laws of said Companies as set forth in said Power of Attorney, with the originals on Ale In the home office of said oompanies. and that the same are correct transcripts thereof, and of the whole of the said a Vnds. and final the seld Power of Attorney has not been revoked and is now In tol force and affect. IN TESTIMONY WHEREOF, 1 have hereunto set my hand this ! '/ 'f s' day of 011 /" < c t/, 1 v, /3