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DP 01-78 - PARKING AMENDMENT FILE 1 1987
_ i :Vas :rs.+'•t r �,t - . .r� � L?iScu.Ssy�_— . s _$ ��irfl7Z—� 1 ' , nT t - d .1 • U G�y.,�e+✓> . _ N V• IF -ell IF eea r i b 7� � � • ' :1' . /3. /,�-P 289 7�c fir �s : GiN w�« ate• .• . • • , . _.._ WEDS � �y gay.-•� 1Y3 . V ,l hf 7lc . . _��9 ✓e - -- -- - -- — - - }� 1 LV ;Ctr7�S`l/Lc�G,Y/.a7V �. 7/Lco bc,4-jN ': 2. i u L✓.G2t LG�? �Sh,�.�7 , 3smlG �cs� - "VAR • av' �-?p ate�g_�lc. _-20. LGJ YG.ss✓�- -- - "''` :9 'r tM �-_017fis� ---— ': is•: +may a ''x�;?C-'fir ♦ - 1. �, .. a _ �3.—Doffs �: _ _ . _ irr���D ��iL•a�.��y- . .��,,. ' Ya�i�il. e✓!p2'', . va-*.�:'.:1�� .' . •'. ''.�' ' _ _ 1^,. ajta. _ - - - __ _ . y 9 72- ' I a /.; rnsty Aw'Ke2 !)��,u�G,gruos g �� -57, oa Visoo 6�t,2. Cewx fit �.14P C.�vS 7Eca -C7' 1 Dew 8 ? C r ; i 2 i � 5;7 ! {i i ;I i off• da�� �/.a—f� �,�7 . 132��iL �i;c�.�� .�� /S'us�l f� i r • i,l 5? e c �,Y � ,gXl�'AfoAs 7a � �i�e ,ELT i 6T IVI Ivo T/�1PP�x�� Fay GTP �S � 1 Z74- T, Ff/at�: i y /S�/o✓ S %% C%fi�c�tdlt 4e a oi,-> f .2/3 q.24— 6/3J C 1 f + r -� � �drv1 /L,2c�.��''r�• I©�'�2/9'7/O/y � �v,�t(� i �L� GtJY r f r3 f1�-a.MY � i 1 o� _ � � f DK ate Cif Fo a , w en I;f� /3 A-pi l�tbScY W I�R-(L1L � 1?�W �7 IV L 7"2-, a K ON -a ' Prr ' ect Associates Int -cnational > �Pnis P. C'/6SON �tesl- 11— ._I_ Cvn�e�2e-7e'FFT a.� Lr�-D .i. .�' I,2y%vs :/ems I_3 Au'Jil7 -f- ! : 140 - - - i_. {'�_1—L �_.!_i51 tr�LC�IL'• �sc�_�_ leg ` —!_I _ ' I PALS c�GLfNIS � D i:dd- Z-�;l I�Lc! c.. 7eW , S.C.E.'co.RCV ' " Contract RD-240 r SC AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION FACILITIES (Substructure Installation by Applicants) THIS AGREEMENT, made this 14th day of January 19 88 between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Utility', and the party or parties whose names are subscribed hereunder as 'Applicants', CITY OF PALM DESERT PROJECT #627-87 W ITNESS ET H: WHEREAS,Applicants have requested Utility,pursuant to Section B.of Utility's Rule No. 20, Replacement of Overhead with Underground Distribution Facilities, to replace.Utility's existing overhead with underground distribution facilities at the location or locations in the County of Riverside State of California,substantially described as follows: E/S Highway-111 from Magnesia Falls, Rancho Mirage South to El Paseo in Palm Desert. Also East and West on Fred Waring . rin Drive, Palm. Desert g t r, and as shown on the map attached hereto and made a part hereof; and WHEREAS, a. It is necessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules and that Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities,or b. Suitable legislation is in effect requiring such property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility's overhead service; and WHEREAS, Underground service connections to each applicant from Utility's underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and ' •, covenants of the parties hereto, hereinafter contained, it is mutually agreed by and between the parties hereto as follows, viz.: 1. Applicants will pay to Utility concurrently with the execution hereof the nonrefundable .l'y:_-;.•, amount of s 182.220.O9which is the excess, if any, of the estimated costs, exclusive of transformers, meters and services, of completing the underground system over building a new equivalent overhead system. The amount contributed thereto by each of said Applicants is designated after his name herein- after. _ 2. Applicants will furnish and install the pads and vaults for transformers and associated rye_-,f; •� equipment, conduits, ducts, boxes, and electrolier bases, and perform other work related to structures !:'•;J";" +� :: and substructures including breaking of pavement, trenching, backfilling, and repaving required in con- nection with installation of the underground system, all in accordance with Utility's specifications and timing requirements at Applicant's expense. 3. Utility will complete the undergrounding of said overhead distribution facilities, pro- vided, howevet, Utility has been granted rights of way therefor satisfactory to and without cost to Utility, yr3�, • 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said underground structures and substructures, consisting of pads, vaults, conduits, ducts, boxes, and electrolier bases shall vest in Utility. Applicants do hereby agree, that immediately upon completion of the underground system described hereinabove and acceptance by Utility, title to each and every com- ponent part.thereof shall immediately pass to Utility without further action upon.the,part of Applicants. 5. Applicants each agree Applicants will perform necessary wiring changes on Applicants''];n�(} premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules, and Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities. 6 'This contract is subject to the Rules of Utility, 7. This contract shall at all times be subject to such changes or modifications by the , t Public Utilities Commission of the State of California as said Commission may, from time to time, direct "\J in the exercise of its jurisdiction. I ,l•., IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written, .. V ' :n!e M SOUTHERN CALIFORNIA EDISON COMPANY ` By � r� J O.cFadden Districts Manager.•!:• t + ` Palm Springs r$ Distract AMOUNT il .. µyV x , „ SIGNATURE OF 2A/PPP,LICCANTS ADDRESS CONTRIBUTED s 1e2.220.0do , t TOTAL $ •q Yi;. Witne :. Address r. : .. _ W.O. 11 6679-7111 6-7111 ' l �CI, 73-51 RED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 May 15, 1987 • i Massey Sand and Rock Co. P. O. Box 1767 Indio, CA 92202 SUBJECT: AGREEMENT NO. RD-187( 627-87 ) INSTALLATION OF ELECTRIC CONDUITS AND VAULTS ON HIGHWAY 1 TO EL PASEO 11 FROM MAGNESIA FALLS Gentlemen: I I At its regular meeting of May 15, 1987, Council, by Minute Motion the Palm Desert City i Your firm in the amount of� awarded the aforementioned contract to $336, 081. 80. Enclosed for your files is a fully executed copy of the agreement, usould you have any questions, please do not hesitate to contact Sincerel I ' i SHEILA R. GILLIGAN CITY CLERK SRG/nb cc: ' Public Works Department AGREEMENT No. RD-187 THIS AGREEMENT is made and entered into this 23rd day of April , 1987, by and between City of Palm Desert , California , hereafter called "Owner" and MASSEY SAND AND ROCK CO. hereafter called 'Contractor . ° )d I T N E S S E T H RECITALS: 1. Contractor has submitted .to Owner its Contractor's Proposal for the Installation of underground electrical conduit and vaults on Highway iti between Magnesia Falls and El Paseo in strict accordance with the Contract Documents identified below and Owner has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that is subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract Documents and is of the opinion that it can presently do the work in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: I. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Labor and Materials Bond; (h) The General Conditions; (i) The Special Provisions; U) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda No.'s ; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and, drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein . with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. The Bid Bond is exonerated upon execution of this Agreement, the Payment Bond, and the Faithful Performance Bond. . 2. Contractor shall commence the work within ten (10) calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. i in accordance with the Contract Documents e is and will complete said work within f20 calendar days from the date hereof to the satis faction of the Engineer. G-i 3. That the Contractor agrees to indemnify, defend, and hold harmless the Owner, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement. 4. Attention is directed to Section 6-9 "Liquidated Damages" of the Standard Specifications and is hereby amended: For State of California read City of Palm Desert. Liquidated damages shall be issued at 200 dollars per day. S. Should any litigation or arbitration be commenced between the parties concerning the works of improvement as referenced herein, the prevailing party in any such litigation, being the Owner or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Compensation: Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by Owner, the above rates, subject to additions and deductions as provided in the Contract Documents. 8. Execution of the Agreement by the parties constitutes their agreement to abide by Chapter 1, of the California Labor Code, as to all matters which they are required to stipulate as to by the provisions of said Chapter 1, constitutes Contractor's certification that it is aware of the provisions of said Chapter i and will comply with them and further constitutes•Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor and its subcontractors shall comply with the provisions of SS 1777.5 of the Labor Code regarding apprentices. G-2 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date set forth on Page I of this Agreement . MASSEY SAND & .ROr ,,, BY: TITLE: DON C. BRISC(IE. PRESIDENT,. ATTEST: (Seal ) TITLE: ".t acto ' BY: a or ATTEST BY: 'Owner' City Clerk G-3 "The Premium charged for this ,1 Bond is included in that shown on the Performance Bond." City of Palm Desert Bond No., 127272 LABOR AND MATERIAL BONDS Executed in-triplicate WHEREAS, City of Palm Desert , and MASSEY SAND AND ROCK CO. , P.O. Box 1767 Indio, CA 92202 hereinafter designated as "Principal ' have entered into an agreement dated APRIL 23rd the follosuing described project : , 1987 , for ELECTRICAL CONDUIT AND VAULTS ON HIGHMY Ill BLMIEEN NMNESIA FALLS TO IM PASED. AGREMENT NO. RD-187 which is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Palm Desert to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. -NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Palm Desert and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One hundred sixty eight thousand forty and 90 cents---------------------- (E 168,040.90 Dollars materials furnished or, labor thereon of any being kind,• orofforh amo nttscdue roundero for the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fee s, incurred by the City of Palm Desert in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit on any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3M'2) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said agreement or the specifications accompanying same shall in any manner affect its obligations on this bond; and it doeshe eby waiveenotice of any such change, extension, alteration, or addition. I-1 IN WITNESS WHEREO this instrument has been du . , executed by the Principal and surety above named, on 30th APRIL ly 87 MASSE SAND AND ROCK //. X State of California County of Los Angeles On this 30th day of April in the year 1987 before me a Notary Public personally appeared 9 S. ALBRECHT. JR Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney—in—Pact of —SEABaUa ¢IIREff I MPANY and acknowledged to me that he (she) sub— scribed the name of s nnonRD SIIRE)Y fOMPANY thereto as surety, and his (her) own name as ttorney—in—Pact. OFFICIAL SEAL — ' �rll. DIM11HA STAUFFEII 1 T�U Notpry Public—California 1 ^X: LOS A;JGELES COUtJTy �. .� My Comm. Ezp.Apr.ao, tC:, ' STATE OF CALIFORNIA l Q }ss. COUNTY OF Y\\vee sTo c ) On this �n9 day of f , in the year 19Z-7. beture me, the undersigned, a Notary Public in and for said State, personally appeared pll E1.S L.e-e an personally known to me � � VERNA-JEAN CAIRNS (or proved to me on the basis of satisfactory evidence) to be the persons who executed the NOTARY PUBLIC'CALIFORNIA within instrument as ✓ President a pRINCIPAL OFFICE RI respectively,of the Corporation therein named,and acknowledged to me that the Corporation RIVERSIDE COUNTY Aly Canminioa EAp. 164 t4, 'go executed it pursuant to its by or a resolution of its board of directors. WITNESS my hand and olfic I seal.— ACKNOWLEOGMEN7—Corp—Fees.&Sec—Wolcott,Form 2226A—Bev. 11 83 Iary Public in and for said State. ®IBBB WOLCOTTB.INC. (price cim 821 I-2 1684 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT,.. rhat SEABOARD SURETY COMPANY,a c rporation of the State of New York, has : made, constituted and appointed and by these presents does make, constitute and appoint D .H . Judson or Robert M. Minot or E . S . Albrecht , Jr . or Martha J . Chase or Larry D . Cogdill of Pasadena , California its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said =Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII,SECTION 1: "Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and Instruments relating thereto. Insurance policies,bonds,recognizances,stipulations.consents of surety and underwriting undertakings of the Company,and releases,agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the [President or a Vice-President to make such signature,or(c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall it appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of is7yige- € Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .................... day of ..............Ro.v.ember..:......__ 19---_85 SU*E/r o Attest: p� 1927 S �It /•� �}l✓� �j n� EABOA SLygt ETY OMPANY V'Far cwr�"� (Seal) .�..! .1.5,c..l�l/ ,// . ...1\-�E. z B (i(.✓At('/l a_ Assistant Secretary V e-President STATE OF NEW JERSEY -COUNTY OF SOMERSET ss.: 27th November 1985 On this ................................ da of .............................................................................:............, tore d Michael �. Keegan -- -- , be me re __........................ ........................-....... .. . . Vice-President personal y appea .• .. . ........ ..... aof SEABOARD SURETY (;OMPANY, 9 y YNew ersey _with whom I am personally acquainted, who, being b me dui sworn, said that he resides in the State of .................................. : that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing -instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of :said Company by like authority. FELICE M. CATALANO (Seal) NOTARY PUBLIC OF NEW JERSEY My Commission Exp. June 4. 1991 __..................__...._......._._....-..._........ Notary Public C E R T I F I C A T E `_- I,the undersigned Assistant Secretaryof SEABOARD SURETY COMPANY do hereby certify that the original Powerof Attorney of which the foregoing is -a full,true and correct copy,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Powerof _Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of :SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive committee of the Board of i Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. :.--.-"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any �cerltficalion of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1.with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." -IN WITNESS WHEREOF have hereunto set my hand,gnd affixed the corporate seal of the Company to these presents this e19*270� 33.00 ... day of....- r?_1.. . .. . _.. �F ... . � ��.. ...�... �r, . Assistant Secretary Form 957(Rev.7/84), For verification of ins,authenticity of this Power ofAttorney you may call,collect,212-943-7440 and ask for the Power of Attorney clerk.Please refer to the Pourer of Attorney number, the above named me mdual(s)and details of the bond to which the power is attache 1.- Bond No. 127272 PERFORMANCE BOND premium: $2,367.00 Executed in-triplicate KNOW ALL MEN BY THESE PRESE14TS: That whereas the City of Palm Desert has awarded to MASSEY SAND AND RCX'R Cp p 0 Bc. 1767 Indio CA 92202 hereinafter designated as the "Principal , " a contract for : INSTALLATION OF UNDERGROUND ELECTRICAL CONDUIT AND VAULTS ON HIGW.AA'Y III BETWEE14 MAGNESIA FALLS TO EL PASED. WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract : NOW THEREFORE, WE , the Principal , and SEABOARD SCERE'PY COMPANY as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner , in the penal sum of _Three hundred thirty six thousand eighty one and 80/cents ------------ Dollars ($_ 336,081.80 ) , being 100% of the contract amount in lawful money ' of the United States of America for the payment of which sum well and truly to be made , we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to 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, alterations, or additions to the terms of the contract or to the work or the specifications. H-I IN WITNESS WHEREOF, Identical counterparts of this instrument, each of which shall for all purpo=_es be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this 30th day of April , 1987 SEABOARD SURETY COMPANY MASSEY SAND AND ROCK CO SURETY PRINCIPAL I c.b. Albrecht, Jr. , ,Attornev Tn—Fact- State of California / County of Los Angeles IOn this 30th day of April in the year 1987 before me a Notary Public personally appeared E,• S,_ALERECHT,JR personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of SEABOARD SIIRM D MPAA he and acknowledged to me that (she) sub- scribed the name of SEABOARD SHREN COMPANY thereto as surety, and his (her) own nam s Attorney-in-Fact. !- OFFICIAL SEAL DIMITRA STAUFFER Notary PublicLalifornia I` 1 n 1_03 ANGELES COUNTY ' li 'I A— STATE OF CALIFORNIA l }ss. COUNTY OF C�AI� IK02NIP ))) --!! On this 1�rth day of m A� in the year 199-L, before me, the undersigned, a Notary Public in and for said Stale, personally appeared on cn-e OF'"AL SEAL , personally known to me VERNA-JEAN CAIRNS (or proved to me on the basis of satisfactory evidence) to be the persons who executed the « NOTARY Pl19LIC CALIFORNIA PRINCIPAL OFFICE RI within instrument as L� President ecretary, RIVERSIDE COUWV - respectively,of the Corporation therein named, and acknowledged to me that the Corporation My Commuebx Eyp ls$K IBA executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and oIll al seal. en—A ACKNOWLEDGMENT—OOID_—I'les.6 Sec.—WOIL0115 Form tP211A—Pev. IPB] otary Public in and for said State. ©19B]WOLCOITS,INC IDnc,class8@I H 1684 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. ,hat SEABOARD SURETY COMPANY,a c,'Noration of the State of Newyork, has ' made, constituted and appointed and by these presents does make, constitute and appoint D .H . Judson or Robert M. Minot or E . S . Albrecht , Jr . or Martha J . Chase or Larry D. Cogdill : Of Pasadena , California its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other Instruments of similar nature as follows: Without Limitations +Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. -.This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII,SECTION 1. _ "Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and Instruments relating thereto. Insurance policies,bonds,recognizances,stipulations.consents of surety and underwriting undertakings of the Company,and releases,agreements and other - writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary;or(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the 'President or a Vice-President to make such signature,or(c)by such other officers or representatives as the Board may from time to time determine. - The seal of the Company shall if appropriate be affixed thereto by any such officer.Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of �s7YiSe- day of.----- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .................... -----N o.v e.ul b e.r_.:..........1 19._..8 5 - ,g * ` Attest; OMPANY Seal �/1 (Q . l V � SEABOA S E� __ (Seal) . .Assistant��Secretary ....._.. .... .!!!^.. vV- I(J V ` - ... .... .... ................. 'STATE OF NEW JERSEY v e-President COUNTY OF SOMERSET ss.: On this .............27th....... da of November 19 85 yy ..................................................................................... == Michael B . Kee an before me re personally appeared a Vice-President of SEABOARD SURETY COMPANY, 1. COMPANY,the corporation described in and which with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ...New e r s ey . that he is aVice-President of SEABOARD SURETY CO executed the foregoing instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said Company by like authority. FELICE M. CATALANO C (Seal) NOTARY PUBLIC OF NEW IERSEY _= My Commission Exp. June 4, 1991 - - -- _- CERTIFICATE Notary Public I,the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Powerof Attorney of which the foregoing is a lull,true and correct copy,is in lull force and effect on the dale of this Certificate and I do further certify that the Vice-President who executed the said Powerof Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of SEABOARD SURETY COMPANY, This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of 'Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. -RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is -:.authorized and approved" IN WITNESS WHEREOF, I have hereunto set rn hand and affixed the corporate seal of�bp Company to these presents this -.bP°su*trr�OS . ..............3Qt1:1 ......... day Of.....__PKi.l._............._.-'--'-'-_.....---......_.........1 19............ .: . a 1927 �n�ol �lforx[wyOe - Assistant Secretary - �_ Form 957(Rev.7/e4) - For verification of the authenticity of this Powerof Attorney you may call,collect,212-943-7440 and ask for the.Powerof Attorney clerk.Please refer to the Power of Attorney number,the above named individuals)and details of 1110 band to whu-h the pnwrr is Otte-.had 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA92260 TELEPHONE(619)346-0611 TELEFAX (619) 340-0574 & 341-7098 TRANSMITTAL FORK RECEIVED FAX TO: ( 213 ) 41H- 9945- DATE: 13 Ap2 9?9 TIME: 1- `/74,w APR 13 1989 TO: 1lJ,p�y ENGINEERING DEPARTMENT CITY OF PALM DESERT FIRK• Au�i�c> ��yc,}�C„q.L SdCS ' FROM:— 7'1 DEFT Pa 6uc 4Jo-ses PROJECT: Wlrgw4-�9' /// (;c9u) 40Aip PROJ.NO. SUBJECT: 0A[6M6"— 44 aC sx lJ.uaGer/lou s� r.Vu0/cam NUMBER Or PAGES (INCLUDING TRANSMITTAL FORK) t0 COMMENTS: l c+;• ,',,. ;'fir- ': AIIGIIS'I'MANAGIiMEN'I',INC. n r ( • •',: � •'.• 1� :•I\ A GIcA:Jr PcAcrnl Cumpnny � • '' J Michael W Palmer ' 'i:(.a Stniot Vitt hesidrro IR . Director o/hoperly Management : ,•' . :15451nng licaeh 81vd.,RO.Box 2200 • . lung Beach,CA 90901.5630• (21:1)424-G191,Ext.439 I t t r • i , • r: , r ^I • r •' '' •.: ': -:.tea.., , • 1 •r.._. .. ��i/!/if� G� ` � f • In t• M1 y, N17 ~• 44. . .. :. �s. r � - .n - irks `- f �:• k rcf;t, y}j,j -•i ' � - dal-:.�2ycy,•M:�• :.`� i �,•,, k �,..� wo Moak --�,-r�r `. , s• - :. ..,• `,..fir_ 3, 31 80 V�J• t�f,:t• r •t;: L 3 y �,,,•p •g' —_._ ---__—___---. _—__—_— tY•.. SAT rr���p�Wy��}"."�'+�� �{F�^ 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 05 April 988 TELEPHONE(619)346.0611 Cal Hest Real Estate Fund 80 c/o August Financial Corp. ( PDR Associates) P. O. Box 22630 Long Beach, CA. 90801 Attn: Mr. David Godrich General Manager SUBJECT: Highway 111 ( FAU) Widening, Project 627-87; Private Development Reimbursement of Electrical Undergrounding Coate Dear David: On September 16, 1967, we sent a letter providing you with the status on the electrical undergrounding along . Highway 111 and Fred Waring Drive,, as well as a formal request for reimbursement to the City for the costs of implementing one of the original Conditions Of Development Approval ( CODA) for the " Restaurant Row" project. On 30 October 1987, we sent a follow up letter with Invoice Number 87106 in the amount of $99, 641 . 28 requesting reimbursement for the monies expended on your behalf. At that.;tinie, 8s, you..".may recall there was an outstanding question relative - to -'-£h"e". planned collection by the IRS of Utility ( SCE) income tax;,- for• "'Contributions In Aid of Construction" . This question ._was=_ _'p.urs"ue'd vigorously by the City, ( as well as by a number of '—d't`her.` government agencies) , until a favorable determination was obtained. The status passed to us is that neither the State of California nor the IRS, under the conditions of this " Rule 20b" project will require the collection of CIAC taxes. This, by the way, was one of the fall out advantages of combining all of the undergrounding into one City project that qualified as a " Rule 20b" project. As a result of this situation, and the fact that the work has been 80% completed, allows the City to calculate a reduction in the Cal West Real Estate Fund 80 Electrical Undergrounding Reimbursement Project 913/627-87 portion of the undergrounding attributable to the " Restaurant Row" project. Therefore, please find attached a revised Invoice, reduced�bx -$30 700 for the reimbursement of these dollars expended on your ti0faIf. We realize that the property in question was also subject to litigation over, among other things, the original owner' s failure to underground or to make payment in lieu. We sincerely hope that this matter has been resolved and that the manner in which this has been handled by the City has been acceptable to you. If you have any questions we are happy to discuss the situation with you at your convenience. However, we do now request reimbursement from your organization for these costs. As a result of the IRS decision .delay the deadline for account interest ( 1 % per month) has been extended until 1 May 1988. Your cooperation in this matter is appreciated. Sincerely, CITY of PALM DESERT /' "O� G. Alan Smith Contract Project Manager Attachment: Invoice No. 88114 cc: Brucer,Al=t-man, City Manager Carlos Ortega, Executive Director, Redevelopment Agency Folkers, Assistant City Manager-Public Works Director :Pa-uh- Gibs:oii;= Finance Director Ray Diaz; , A'sst. City Manager-Community Development Director PAt Conlon',-rDirector of Building & Safety Jroe .-Gaugus,h, Senior Engineer, Public Works GAS/lw (617rwbr7.1tr) ' MET oq pmdun o 0 0 n 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 ;___ INVOICE CAL WEST REAL ESTATE FUND 80 NO 88114 c/o August Financial Corp. (PDR Associates) (Replaces Invoice # 87106) P.O. Box 22630 Long Beach, CA 90801 L Attn. Mr. David Godrich Date April 5, 1988 � DESCRIPTION UNIT PRICE TOTAL DUE Oct.30,1987 UNDERGROUNDING OF ELECTRICAL OVERHEAD UTILITIES I AND POLE REMOVAL 790 Linear Feet . . . . . . . . . . . . . . . . . . . . . . . $99,641.28 REVISION TO REFLECT ACTUAL COSTS AND ELIMINATION OF - IRS CIAC COMPONENT . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . (30,705.28) BALANCE DUE . . . . . . . . . . . . . . . . $68,936.00 s { _ Maize n.em-ittanee payabEe .to: CITY OF PALM DESERT, within 30 days 6nom date o6 .thi6 invoice, and addneas "Font Attention 06 Finance Dept." AUTHORIZED SIGNATORY 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 October 30, 1987 Cal West Real Estate Fund 80 c/o August Financial Corp (PDR Associates) P.O. Box 22630 Long Beach, CA 90801 Attn: Mr. David Godrich General Manager SUBJECT: Highway III (FAU) Widening, Project 627-87; Private Development Reimbursement of Electrical Undergrounding Costs Dear David: On September 16, 1987, we sent a letter providing you with the status on the electrical undergrounding, as well as a formal request for reimbursement to the City for the costs of Implementing one of your areas of Conditions Of Development Approval (CODA) for your project. At this time, we have no record of any response from you on this subject. If you have any questions we are happy to discuss the situation with you at your convenience. However, the City has expended dollars on behalf .of. your project, and as such, we request reimburse- ment from your organization for these costs. Attached, please find the City of`:Palm Desert's Invoice for these costs. For, protects: that- are currently under construction the payment as specifleti - in the, September 16 letter should be made-to the City by November 16, 1987. After this date your account will begin to accrue Interest at the rate of 1% per month. We would like to remind you that no Certificate of Occupancy will be issued prior to receiving the reimbursement amount. For those projects that have not applied for grading permits the amount is defined in our letter of September 16 and will be due and payable at the time of issuance of the grading permit. City of Palm De t Highway III (FA._ Widening Project 627-87 - 2 - October 30, 1987 Your cooperation In this matter is appreciated. Sincerely, City of Palm Desert G. Alan Smith Contract Project Manager Attachment: Invoice No. 87106• cc: Bruce Altman, City Manager :. Carlos Ortega, Executive Director, Redevelopment Agency R.J. Folkers, Director of Public Works/City Engineer Kirby Warner, Director of Finance Ray-Diaz, Director of Community Development Pat Conlon, Director of Building 8 Safety Joe Gaugush, Senior Engineer, Public Works GAS/lw Cuf:(1,up oO IP 1nnm 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 INVOICE CAL (VEST REAL ESTATE FUND 80 No 87106 c/o Augu6.t F.inanc.iat Conp. (PDR A66ocinteb) P.O. Box 22630 Long Beach, CA 90801 Attn. M. David Godtich J Date OetobeA 30, 1987 DATE DESCRIPTION UNIT PRICE TOTAL ( UNDERGROUNDING OF ELECTRICAL OVERHEAD UTILITIES AND POLE REMOVAL, 790 Zi.neaA beet . . . . . . . . . . . $99,641 .: Make remittance pagabee .to: CITY OF PALM DESERT and addhe66 "Fon Attention 06 Finance Dept. " AUTHORIZH SIGNATORY 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 16 September 1987 Cal West Real Estate Fund 80 C/o August Financial Corp (POR Associates) P.O. Box 22630 Long Beach, CA. 90801 ATTN: Mr. David Godrich General Manager SUBJECT: Highway III (FAU) Widening , Project 627-87: Electrical Undergrounding Costs • Dear David: The purpose of this correspondence is twofold. First, as a property owner concerned and involved with the City' s Project 627-87, we wish to update you on the status of that project . Secondly, as a result of the advanced stage of the electrical undergrounding process, this letter is the formal request for Your reimbursement to the City for this one area of off-site development improvements, as defined in the Conditions of Development ADproyel{ ,for your project development . BACKGROUND In order .to,licon' 61'fdale and co-ordinate the improvements aimed at mitigating`,certain`.traffic flow congestion along Highway 111, and to obtain. Federal' funds to do this, Project 627-87 was established. This project involves: the Cities of Palm Desert and Rancho Mirage, The State of California, Federal Highway funds controlled by Riverside County Traffic Committee, and several private developers, including yourselves. To accomplish and coordinate this effort , the City of Palm Desert is acting in the position of Lead Agency. In this position , one single unified design. z.n? conskru, Lion package was generated to satisfy the requirements of CalTrans and City of Palm Desert, Ca. Highway 111 (FAU) Widening Electrical Undergrounding Costs the Federal Funding program. This construction package incorporates design and construction requirements for the road improvements, drainage, utility undergrounding , etc. to satisfy both the Cities' requirements and the elements of the various Developer' s Conditions of Project Approval . STATUS The plans, specs, and estimate bid package has been submitted by the City, and are in the final steps of approval in the District 08 office of CalTrans. The package is scheduled to be sent to Sacramento for project team formulation by end of September. , However, the Electrical Undergrounding portion was extracted from the State construction package to expedite its execution, and as a result of its ineligibility for FAU funds. The substructures: vaults, conduits, etc. have been installed by Massey Sand 8 Rock under direct contract to the City of Palm Desert. On 10 - September 1987, the City Council approved the contract for the cabling and overhead pole removal to the Southern California Edison Company, (SCE) . It is anticipated that this work will begin by end of October . COSTS Initially, the "ballpark" estimate for the undergrounding costs was $125.00 per linear foot to SCE, plus surveying, design and administration, for a total of approximately $140-145.00 per foot installed. Then came the IRS ruling that the facilities donated to SCE, (or any utility) , constituted income to that utility, and were subject to taxation at the corporation rate. SCE requested an additional 86% of the taxable value, (roughly 75%) , which brought the Developers cost of undergrounding the electric lines to $240.00 per foot. To minimize these costa to the City and the Private Developers involved, the City took steps to reduce this figure: " o SCE wasinot. gi:+;i'eri= e. turnkey fixed price contract to design and . `install:"bot'hl substructures and cabling. - The sub- struetures canteact was awarded after public bid at a sav,inge, of- approzimately $85,000. o In-depth negotiations were held with SCE concerning the costing of the new cabling and electrical 'eouipment, as well as credit given for the existing overhead system. This resulted in a savings of approximately $123,000. o The 86% taxation figure was vehemently contested by the City, and others throughout the state of California. As a result the fig,,re was then reduced to 65.7:, with an e-cncite:i (unoffitia) ) final v311le of about 34%. City of Palm Desert, Ca. Highway III (FAU) Widening Electrical Undergrounding Costs In summary, the City Staff' s efforts have directly resulted in a savings to both the City and to the Private Developers of about 34" of the original costs Quoted by SCE, and indirectly helped to reduce the taxation component to an expected value of 34% from 86Y.. Thus, the cost of undergrounding has been reduced from: o Direct costs:_ $125.00 to $82.78 o IRS Taxation: $43.50 to $31 .88 (official ) ($43.50 to $16.25 (unoffl-cial )) o Survey, Design and Project Management : 10%, $11 .47 ------------------------------------------- Total Design 8 Installed Cost = $126. 12 per linear foot CITY REIMBURSEMENT For Project DP 01-78, VAR 01-78 (Amend) , your all-in allocated costs for undergrounding the existing electrical overhead lines for a distance of 790 feet are $99,641.28. This includes $31 .88 Per foot for the official IRS Contribution in Aid of Construction tax. When the results of the CPUC hearing are official and ublished, any required adiustments will be made by the City to Your account . Sincerely, City of Palm Desert (4.5:�'7004 v (// 1 G. Alan Smith * ' Contract P.ro.ect� neger _ Ili cc : Bruce Altman, City Manager Carlos Ortega, Executive Director, Redevelopment Agency R.J. Folkers, Director of Public Works/City Engineer Kirby blarner, Director of Finance Ray Diaz, Director of Community Development Joe Gaugush, ASsociate Civil Engineer (627,nbr7.1tr) I; 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 16 September 1987 PDR Associates C/o Realty Capital Investors TO 14471 Chambers Road 4064A&' Suite 150 qq Tustin, CA. 92680 C.A<!�[s> (�.E ;FIJf/D 80 ATTN: Mr . J. Robert Gilroy General Partner SUBJECT: Highway 111 (FAU) Widening, Project 627-87: Electrical Undergrounding Costs Dear Bob : The purpose of this correspondence is twofold. First , as a property owner concerned and involved with the City' s Project 627-87, we wish to update you on the status of that project. Secondly, as a result of the advanced stage of the electrical undergrounding process, this letter is the formal request for your reimbursement to the City for this one area of off-site development improvements, as defined in the Conditions of Develooment Approval :-for your project development . BACKGROUND In order_-:to: consolidate and co-ordinate the improvements aimed at mitigating certai.n�iraffic flow congestion along Highway 111 , and to obtain Federal funds to do this, Project 627-87 was established. This project involves: the Cities of Palm Desert ' and Rancho Mirage, The State of California, Federal Highway funds controlled by Riverside County Traffic Committee, and several private developers, including yourselves. To accomplish and coordinate this effort , the City of Palm Desert is acting in the position of Lead Agency. in this crsitiorr, one ain le unified desinn , and construction III p F. . _ , _ .,=rsted to satisfy the requirements of CalTrans and City of Palm Desert, Ca. Highway III (FAU) Widening Electrical Undergrounding Costs the Federal Funding program. This construction package incorporates design and construction requirements for the road improvements, drainage, utility undergrounding, etc . to satisfy both the Cities' requirements and the elements of the various Developer' s Conditions of Project Approval . STATUS The plans, specs, and estimate bid package has been submitted by the City, and are in the final steps of approval in the District 08 office of CalTrans. The package is scheduled to be sent to Sacramento for project team formulation by end of September . However, the Electrical Undergrounding portion was extracted from the State construction package to expedite its execution, and as a result of its ineligibility for FAU funds. The substructures: vaults, conduits, etc. have been installed by Hassey Sand 8 Rock under direct contract to the City of Palm Desert . On 10 ' - •.' September 1987, the City Council approved the contract for the cabling and overhead pole removal to the Southern California �'t� ;: +�•. '.�. Edison Company, (SCE) . It is anticipated that this work will begin by end of October. COSTS Initially, the "ballpark" estimate for the undergrounding costs was $125.00 per linear foot to SCE, plus surveying, design and administration, for a total of approximately $140-14!i.00 per foot installed. Then came the IRS ruling that the facilities donated to SCE, (or any utility) , constituted income to that utility, and were subject to taxation at the corporation rate. SCE requested an additional 86% of the taxable value, (roughly 75%) , which brought the Developers cost of undergrounding the electric lines to $240.00 per foot . To minimize these costs to the City and the Private Developers involved, the City took steps to reduce this figure: a 04. SCE,"a-r(ofagi,ven�a turnkey fixed price contract to design tf`and'" '.insta.11'c,both substructures and cabling . The sub- 'a r u u . : .�; T j. tr�C{u�Cs:fit on tract was awarded after public bid at a savi-ngcjof'!eppnoxi�mately $85,000. o In-depth negotiations were held with SCE concerning the costing of the new cabling and electrical equipment, as well as credit given for the existing overhead system. This resulted in a savings of approximately $123,000. o The 86% taxation figure was vehemently contested by the City, and others throughout the state of California. As a result the figure' was then reduced to 66.7%. with an expected (unoffirial ) final value of about 34:. City of Palm Desert, Ca. Highway 111 (FAU) Widening Electrical Undergrounding Costs In summary, the City Staff' s efforts have directly resulted in a savings to both the City and to the Private Developers of about 34" of the original costs quoted by SCE, and indirectly helped to reduce the taxation component to an expected value of 34% from 86%. Thus, the cost of undirgrounding has been reduced from: o Direct costs: z125.00 to $82.78 o IRS Taxation : $43.50 to $31 .88 (official ) ($43.50 to $16.25 (unofficial )) o Survey, Design and Project Management : 10%, $11 .47 ------------------------------------------- Total Design 8 Installed Cost = $126. 12 per linear foot CITY REIMBURSEMENT For Project DP 01-78, VAR 01-78 (Amend) , your all-in allocated costs for undergrounding the existing electrical overhead lines for a distance of 790 feet are $99,641 .28. This includes $31 .88 per foot for the official IRS Contribution in Aid of Construction tax. When the results of the CPUC hearing are official and published, any required adjustments will be made by the City to your account . Sincerely, City of Palm Desert G. Alan Smith Contract Project Manager cc : Bruce Altman, City Manager Carlos Ortega, Executive Director, Redevelopment Agency R.J. Folkers, Director of Public Works/City Engineer Kirby Warner, Director of Finance Ray Diaz, Director of Community Development Joe Gaugush, Associate Civil Engineer (627rmbr].1lr) r Q, ; °� � W � PySouthern Ca/lforn/a Edison Company 36-100 CATHEDRAL CANYON DRIVE C(n CATHEDRAL CITY, CALIFORNIA 92234 January 27 , 1987 RECEIVE® JAM no 0 1907 City of Palm Desert ENGINEERING DEPARTMENT 73510 Fred Waring CITY OF PALM DESERT Palm Desert, CA 92260 Gentlemen: Subject: Undergrounding of Electrical Facilities at Los Somberos Restaurant Park Highway 111 and 44th Avenue (Fred Waring) The following is a sequence of events pertaining to the undergrounding of facilities along the north side of Fred Waring, west of Highway 111. ° A work order was prepared .in May of 1980 to underground the facilities described in the Edison work order no. 6479-7187 9-7118. ° An Agreement dated May 2, 1980 was signed by Southern California Edison Company and P.D.R. Associates . The Agreement stated that the developer would install structures valued at approximately $34 , 821. 00 and provide trenching, excavation and backfill at approximately $8200 . 00 . The customer deposited with the Company, a non-refundable advance of $25, 222 . 15. ° A letter dated May 19, 1980 was sent to the City of Palm Desert indicating that the customer had paid his cash obligation to the Company and was in the process of installing the underground structure. (The customer never did install the structure, therefore Edison' s work was not completed. ) Y� III j� ° On September 10, 1982 the Company was contacted by a third party requesting the $25, 222. 15 deposit be refunded to Cal-West Corporation. The money was not refunded to that group. On April 30 , 1985 a letter was sent, along with a check for $25, 222 . 15 to P.D. R. Associates, 1600 Dove Street, Suite 130, Newport Beach, CA, which represented the refund for the undergrounding work which was not completed. I hope that this letter will help you in understanding the circumstances cancelling the undergrounding on Fred Waring, west of Highway 111. Sincerely, D. H. Brawley Planning Manager cc: K. 0. Martin DHB: slt �s CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on: Matters relating to an Approved Development Plan Applicant(s) : PDR Associates , 1600 Dove, Suite 130, Newport Beach, CA (Represented by: Ballew-McFarland, 74-075 E1 Paseo, Suite A-7, Palm Desert, CA .92260) Case No: DP 01-78 (as amended) Date: February 20, 1980 I . REQUEST: Determination of acceptable uses, and interpretation of a condition of approval for a development in the P.C. (4) , S.P. (Resort Center, Planned Commercial , Scenic Preservation Overlay) zone located at the northwest corner of State Highway 111 and 44th Avenue. II . BACKGROUND: PREVIOUS PERTINENT CASES: • Case Nos. DP 01-78 and VAR 01-78 (Amended) , PDR Associates, applicant; amended project, approved by Planning Commission Resolution No. 519, August 2, 1979. • Case No. DP 01-78 (Amended) and Design Review Case No. 92 C, subsequent revision, approved by Planning Commission Resolution No. 402, September 5, 1979. • Case Nos. DP 01-78 and VAR 01-78, HMS General Corp. , applicant; original request approved by Planning Commission Resolution No. 329, January 31, 1978. • Case No. PM 13559 (Revised), map approved by Planning Commission Resolution No. 473, April 3, 1979. • Case No. PM 13559 (Original ) , map approved by Planning Commission Resolution No. 410, October 3, 1978. III . DISCUSSION: This matter comes before the Commission with two items for a determination: (1) Acceptable Uses in the P.C. (4) zone; and (2) The application of a condition of approval with regard to phasing of site construction. A. DETERMINATION OF ACCEPTABLE USES: The Resort Center, Planned Commercial zone provides for hotels and related ancillary commercial uses, entertainment facilities, and restaurants. The applicant's representative has submitted a listing of "potential tenants and types of tenants expressing an interest in leasing space", which are categorized under the permitted uses in the following: Hotels and related ancillary commercial uses *No Hotel proposed as a part of this development • Clothing and Apparel Shops (various types) • Luggage and Leather • Jewelry • Silver/Gold Craftsman Gallery (need further description) • Book Store • Cards and Gifts • Art Gallery (borders on a questionable use) • Boutique (need further description) • Golf and Sporting Goods Store i �cur[oN NO. Page Three P�. �Q57Q. �OuJ CONDITIONS OF APPROVAL CASE NOS. OP. 01-78 (Amend. ) ; and VAR 01-78 (Amend. ) Amendment Conditions: 1. The development of this project shall conform substantially to all revised plans submitted in behalf of this case, which superscede all other plans previously submitted. 2. This amendment is granted for a project consisting of: Five restaurants , totaling approx. 35,100 sq. ft. of floor area; plus, ancillary commer- cial uses , totaling approximately 24,900 sq. ft. ; with, 508 parking spaces to be developed on the site. 3. With the exception of the site plan arrangement floor area uses , and number of parking spaces to be provided, all other conditions of approval of Case No. DP 01-78 (Amend. ) , as required in Planning Commission Resolution No. 402, shall be applicable to development of the project; as noted in the following "Standard" , "Special " , and "Design Review" conditions : Standard Conditions : 1. The development of this project shall conform substantially to all revised plans submitted in behalf of this case and as revised according to the Design Review Board process and/or Planning Commission action. Any minor changes requires approval by the Director of Environmental Services. Any C substantial change requires approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as part of the development process. 3. This approval is applicable, subject to the development of this project, commencing within one year from approval date and being promptly completed. 4. Any roof mounted, exhaust, or air conditioning equipment shall be fully concealed from view from any public rights-of-way and adjoining properties by architecturally integrated means. 5. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. All utility service and distribution lines on or abutting the subject %% property, shall be placed underground prior to occupancy clearance. 0 Traffic control provisions shall be provided as required by the Director of Public Works. 8. Curb, gutter, sidewalk or approved pathways , and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 9. The Fire Protection Requirements as specified in the Fire Marshal 's memo dated Jan. 16, 1978, attached to Planning Commission Resolution No. 402, shall apply. PLANNING COMMISSION RESOLUTION NO. Page Two CONDITIONS OF APPROVAL CASE NO. PM 13559 1 . The Tentative Parcel Map is granted for the land as described in the attachments, thereto , and as shown on the plot plan labeled, Exhibit A, and the requirements herein. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as part of any construction. OThe applicant shall install and maintain a thirty (30) foot wide landscape strip parallel to the curb line on Highway 111 ; and, dedicate to the City an easement over that portion inside of the applicants property line, for public access and use. 4 . Applicant shall comply with all of the Conditions of Approval for related Case No. DP 01-78(Amend. ) as a part of the approval of this case. 5. All necessary right-of-way dedications shall be made in accor- dance with the recommendation of the Director of Public Works. 6. The applicant shall install an eight foot wide meandering bicycle path along the entire Highway 1= oritage. The precise design �r and location shall be subject to the approval of the Director of Environmental Services. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant ' s Signature) Case Nos. DP 01-78 and VAR 01-78 January 31 , 1978 Page Three IV_ DISCUSSION: (Cont. ) Access to the proposed development will be provided by one entrance off of Avenue 44 and three entrances off of Painters Path. There will be no access provided directly off of Highway 111 . This arrangement is viewed as the most desirable by the Staff. As restaurants attract high volumes of vehicular traffic and these vol- umes are highest during specific short time periods, sufficient parking necessarily becomes a primary concern with regard to projects such as the one now being reviewed. The applicant is providing 536 parking spaces which represents a 12.2 5paces/1000 sq. ft. ratio where 660 spaces are required by the City's Ordinance requirements which represents a 15.0 space/1000 sq. ft. ratio. The applicant believes the deficiency is justi- fied for the reasons outlined in the Statement of objectives contained in the background section of this report, namely that the mix of restau- rant types will allow an overlapping of use based upon peak hours of oper- ation for each of the different facilities, i .e. , some restaurants will specialize in lunches while others primarily cater to dinners. This situation is similar to the joint-use situation experienced in shopping centers which contain movie theaters. The Staff believes that employment of joint-use parking will compensate for a considerable amount of the deficient parking spaces. Variations in the hours of operation among the proposed will assist in reducing the peak number of vehicles at the site at any given time. Further, when the original parking requirement for restaurants was developed, the national average of 12 spaces per 1';000 sq. ft. of gross floor area was not considered sufficient for an individual free-standing restaurant. However, such a requirement was considered sufficient for restaurants in a group cluster concept particularly if said restaurants varied in terms of emphasis on lunch trade vs dinner trade. Since it was thought that most groupings of restaurants would be located in a shopping center complex which has an overall ratio or in the C-1 Zone District which has provisions for common parking reduction, no spe- cial provisions were developed for this situation. The a licant is being reg_ui red_ to_.assist in ❑�vina the rosr for tra_ffc signals at_-Hi.gWay--1-1-1-and-Avuenu"4--since the proposed project will benefit greatly from such an installation. The actual location and design of the buildings, landscaping, grading etc. , will be determined through the City's Design Review process. fi lK, 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 7, 1980 PDR Associates 1600 Dove, Suite 130 Newport Beach, CA 92660 Re: Los Sombros Village- Case No. DP 01-78 Gentlemen: The approval of this project by the City of Palm Desert requires the undergrounding of all existing utility lines which are on or abutting the property. I have noticed that this project is fairly well along and it appears that no provisions have been made to accomplish this requirement. As you probably are aware, we will not be able to permit occupancy for any portion of the project until this matter is resolved. Therefore, I would strongly suggest that all the necessary provisions be made to complete this requirement as quickly as possible. I do apologize for not contacting you directly before this time on this matter. Very truly yours, �ZR;Z .�- t�4u i � Paul A. Williams, AICP Director of Environmental Services PAW/dj cc: DP 01-78 (Amendment) /S4J7 CITY OF PALM DESERT7iBU2�1Y�? STAFF REPORT 'ISM 1355 �„� To: Planning Commission Report on: Development Plan and Variance Amendments Applicant(s): PDR Associates, 1600 Dove, Suite 130, Newport Beach, California Case No(s): DP 01-78 and VAR 01-78 (amendments) Date: =uly3l. 79 1. REQUEST: Request for approval of an amendment to a previously approved.Development Plan and off-street parking Variance to allow additional restaurant area and reduce commercial area in the P.C. (4), SP zone (Resort Center Planned Commercial , Scenic Preservation Overlay) on property located at the north- west corner of State Highway 111 and 44th Avenue. LOCATIONAL MAP: i a VAR 0/ ` Qom''':: i � '•j _ j��Cpj-z ♦� rx AVE. 9^ II. BACKGROUND: A. ADJACENT ZONING: North: C-1, S.P. South; PC (4), S.P. East: PC (4). S.P. West: C-1, S.P. B. GENERAL PLAN LAND USE DESIGNATION: Resort Commercial C. ENVIRONMENTAL ASSESSMENT: The proposed project has been previously assessed in connection with Case No(s) DP 01-78 and VAR 01-78 and no further documentation is deemed necessary by the Director. D. PREVIOUS PERTINENT CASES: Case Nos. DP 01-78 and VAR 01-78, HMS General Corporation, applicant; original request approved by Planning Commission Resolution No. 329, January 31, 1978. Case Nos. DP 01-78 (aYnended) and Design Review Case No. 92C, subsequent revision, approved by Planning Commission Resolution No. 402, September 5, 1979. a I STAFF REPORT Page Two Case Nos. DP 01-78 and VAR 01-78 (Amendments) E. ORIGINAL PROPOSAL: 5 restaurants, totaling 44,000 sq. ft. of floor area, with 536 parking spaces. F. 1ST AMENDED PROPOSAL: 3 restaurants, totaling 32,000 sq. ft. of floor area, plus 28,000 sq. ft. of ancillary commercial area, with 515 parking spaces. G. 2ND AMENDED PROPOSAL (CURRENT REQUEST): 5 restaurants, totaling 35 100 sa. ft. of floor area, plus 24,900 sq. ft. of ancillary commercial area, with 508 parking spaces. —' H. PARKING ANALYSIS: ' Required Restaurants 526.5 -Ancillary Commercial 99.6 Total : 626.1 Proposed 508 spaces = 18.9% deficiency. ( III. DISCUSSION: The site plan for the current amendment being sought is essentially the same as has been previously reviewed. The elements of building arrangement along Highway 111, location of parking areas, and access restricted to 44th Avenue and Painters Path, are substantially as approved. The applicant indicates that all tenants now seem secure, and therefore, this specific amendment request is being sought to implement the project. The parking Variance Amendment now being requested (18.9%) is the same percentage originally granted when the project contained five restaurants. Staff feels that the considerations justifying the original Variance (i.e. joint-use parking and variation in the hours of operation). remain the same. IV. STAFF RECOMMENDATION: Based on the justification contained in the Resolution: Approve Case No. DP 01-79 and VAR 01-78, as now amended, by adopting Planning Commission Resolution No. subject to the conditions previously applied. D..id S.eUchanon n n/� SMPh..A.Nuhmon �'rv�nE-��/_1,+-1� Ro6an M,F.11.d ALA Dc.Nkhon w �l IT=.IIILI! l7=' ILIf 1LII Rob Pw.,,. MEMO TO: Murrel Crump FROM: Steve Fleshman DATE: July 24, 1979 RE: The Revised Development Plan for Palm Desert Restaurant Park In response to your questions regarding the updated square footages and the intended hours of operation, I am submit- ting to you the following data: Restaurant 1 - Reuben's - 9300 square feet maximum Restaurant 2 - Rusty Pelican - 8360 square feet Restaurant 3 - To be named - 7720 square feet Restaurant 4 - Etienne - 5360 square feet Restaurant 5 - House of Lamb -* (tent. ) 4336 square feet Total Restaurant Square Footage - 35076 Balance - 24900 Reuben's , Rusty Pelican, and Restaurant 3 will be open for lunch and dinner. Etienne and House of Lamb may be open for dinner only. 17048 SKY PARK eIT E . is 2075 EL PASEO SUE A I PALM DESERT,CAE6 P22W vI, ae56 P L A N N E R 5 & A R C H I T E C T S CORPORATION PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO AN APPROVED DEVELOPMENT PLAN, AND RELATED PARKING VARIANCE ON PROPERTY LOCATED SOUTH OF HIGHWAY 111, EAST OF PAINTERS PATH AND NORTH OF 44TH AVENUE. CASE NOS. DP 01-78 (Amend. ) and VAR 01-78 (Amend. ) WHEREAS, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed Public Hearing on July 31, 1979, to consider a request by POR ASSOCIATES for approval of an Amendment to an approved Development Plan which provided for development of a restaurant complex with ancillary commercial uses; and a related parking variance, on approximately 8.5 acres within the P.C. (4), S.P. (Planned Commercial Resort, Scenic Preservation Overlay) zone located south of Highway 111, east of Painters Path and north of 44th Avenue, more particularly described as: APN 621-302-005 APN 621-302-006 WHEREAS, said application has complied with the requirements of the I "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has determined that the project is exempt from further environmental documentation; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, the.Planning Commission did find the follow- ing facts and reasons to exist to justify the approval of the subject amended Development Plan: 1. The proposed development, as revised, is consistent with the City's adopted General Plan. 2. The proposed development, as revised, is consistent with the City's adopted Redevelopment Plan. 3. The design or improvement of the proposed development, as revised, will be consistent with the Palm Desert Zoning Ordinance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, the Planning Commission did find the follow- ing facts and reasons to exist to justify the granting of a Variance to reduce the number of parking spaces from the required 627 spaces to 508 spaces for the project: 1. Employment of joint-use parking will compensate for A considerable amount of the deficient parking spaces. 2. Variations in the hours of operation among the proposed restaurants will assist in reducing the peak number of vehicles at the site at any given time. 3. The mandatoryfindings the Planning Commission must make when granting a Variance as specified in Sec. 25.78.070 of the Palm Desert Municipal Code, are applicable to the subject case. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of• Palm .Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. The Planning Commission does hereby approve an amended Development Plan (DP 01-78 Amend. ) for reasons stated, subject to conditions. PLANNING COMMISSION RESOLUTION NO. Page Two 3. The Planning Commission in approving this Development Plan No. 01-78 (Amend. ) does hereby grant a Variance (VAR 01-78, Amend. ) to reduce the number of parking spaces from- the required 627 spaces to 508 spaces for the project. 4. The Conditions of Approval for Case No. DP 01-78 (Amend. ) attached to this Resolution superscede all previous Conditions of Approval for related Case No. DP 01-78. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 31st day of July, 1979, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary /lr PLANNING COMMISSION RESOLUTION NO. Page Three CONDITIONS OF APPROVAL CASE NOS. OP. 01-78 (Amend. ), and VAR 01-78 (Amend. ) Amendment Conditions: 1. The development of this project shall conform substantially to all revised plans submitted in behalf of this case, which superscede all . other plans previously submitted. 2. This amendment is granted for a project consisting of: Five restaurants, totaling approx. 35,100 sq. ft. of floor area; plus, ancillary commer- cial uses, totals roximate y 24,900 sq. ft. ; with, 508 parking spaces to be developed on the site 3. With the exception of the site plan arrangement floor area uses, and number of parking spaces to be provided, all other conditions of approval of Case No. OP 01-78 (Amend. ) , as required in Planning Commission Resolution No. 402, shall be applicable to development of the project; as noted in the following "Standard", "Special", and "Design Review' conditions: Standard Conditions: 1. The development of this project shall conform substantially to -all revised plans submitted in behalf of this case and as revised according to the Design Review Board process and/or Planning Commission action. Any minor changes requires approval by the Director of Environmental Services. Any substantial change requires approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as part of the development process. 3. This approval is applicable, subject to the development of this project, commencing within one year from approval date and being promptly completed. 4. Any roof mounted, exhaust, or air conditioning equipment shall be fully concealed from view from any public rights-of-way and adjoining properties by architecturally integrated means. 5. Construction plans shall be submitted for approval to the City Fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction and no certificate of occupancy shall be issued until completed. ](� All utility service and distribution lines on or abutting the subject 1(� property, shall be placed underground prior to occupancy clearance. O7 Traffic control provisions shall be provided as required by the Director of Public Works. 8. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 9. The Fire Protection Requirements as specified in the Fire Marshal 's memo dated .Jan. 16, 1978, attached to Planninq Commission Resolution No. 402, shall apply. PLANNING COMMISSION RESOLUTION NO. Page Four Standard Conditions: (Continued) 10. Prior to issuance of a building permit for construction of any use con- templated by this approval , the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley County Water District Evidence of said permit or clearance from the above agencies shall be presented to the Dept. of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 11. A landscaping, grading, lighting, amenities, trash storage , walkway layout,. and irrigation plan shall be submitted through the Design Review Board. No final inspection or occupancy permit shall be given by the Department of Environmental Services to this project until the aforementioned approved plans and construction shall have been completed. Special Conditions: l ` 1. No ingress and egress shall be allowed off of Highway 111. 2. All curbs, gutters, sidewalks, and tie-in paving improvements shall be required in the exterior of this tract. 3. Applicant shall install traffic safety lighting as required by the Director of Public Works. l I 4.1 Applicant shall maintain the City entrance island at Painters Path and - Highway 111 insofar as electrical energy and landscape maintenance is concerned. 5. Applicant shall pay der inaga fao< in an amount to be determined by the City of Palm Desert ordinance provisions. 6. The storm drain for this development shall be approved by the Director of Public Works. 7. The applicant shall make a $10,000 contribution_to the City of Palm Desert Traffic Signalization Fund. 8. A complimentary architectural theme shall be utilized in the formulation of a design concept for the entire complex. 9. A comprehensive sign program shall be submitted for the entire project through the City's Design Review process prior to the issuance of any building permits. 10. Parking lot lighting shall be approved by the Design Review Board. 11. A five (5) foot sidewalk shall be constructed along 44th Avenue and Painters Path or an acceptable alternative to the Design Review Board. Design Review Conditions: L 1. Prior to entering Plan Check, the applicant shall submit detailed construction drawings to the Design Review Board for consideration and approval . Said drawings shall comply to the Conditions of Approval herein, to the Conditions of all related City approvals and all Municipal Codes. Said drawings shall be comprehensive as to their compliance with the submittal requirements as specified in the Boards application form. The building permit, when issued, shall include all elements reviewed and approved by the Design Review Board. No certificate of use and/or final clearance shall be given by the Depart- ment of Environmental Services until construction, in total compliance with the approved plans, shall have. been completed. PLANNING COMMISSION RESOLUTION NO. Page Five Design Review Conditions: (Continued) 2. In addition, the applicant shall submit particular detailed plans, as a part of the construction drawings, for the following items which the Board feels are of major concern: a. Wall materials - both on the interior & exterior of the project. b. Mechanical equipment locations, such as A/C units. c. Comprehensive sign program d. Major entrance to'the project. e. Restudy landscaping and parking lot area. f. Restudy of traffic triangle by City Traffic Committee. l . AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand the Department of Building and Safety will not issue a building permit or allow occupancy on the use per- mitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicants Signature I 1979 �,,QQ �q o 5� y� e o ENVI fcUNMEN TA 2s�� OO ZS ° ZS v�C��SC�iS CITY OF PALM DESERT SERVICES 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260 r LszSLS����Lsz]��5�� �OO LSl3 � ***DEVELOPMENT PLAN*** DEPARTMENT OF ENVIRONMENTAL SERVICES COMMERCIATW PLANNING DIVISION 'PbtL ,a,�,stis Applicant I Diem Drmt) Irao© 130 7S - � Mailing Apdress LI Telephone _fir C� 9 u r. City .. State — - Zip-Code REQUEST: (Describe specific nature of approval requested) PROPERTY DESCRIPTION: 46 ASSESSOR IS PARCEL NO. , EXISTING ZONING c Property Owner Authorization THE UNDERSIGNWFILITHIS EY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- -- _. RATION FOR THPLICATION. R AT d Partnership r PIWjb AGRAEM T ABSOLV TN CITY OF PALM DESERT OF ALL LIA IES RELATIVE TO ANY DEED RESTRICTIONS. I DO;:Zg AGREEM ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN. a i d Partnership R9Miguel Applicants nature - P A 0 ES, Li artnership o rt Gilroy,sl�"resi t, San Miguel Equities, Inc, a General Partner (FOR STAFF USE ONL VIRONMENTALSTATUB .. ACCEPTED BY7.f 217/, ❑ MINISTERIAL ACT E.A.No. ❑ CATEGORICAL EXEMPTION _ .. CASE NO. .r FKp ❑ NEGATIVE DECLARATION ❑ OTHER - REFERENCE CASE NO. 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 February 28 , 1979 / Mr . Stephen A. Fleshman Ballew/McFarland 74-075 E1 Paseo, Suite A-7 Palm Desert , CA 92260 Dear Steve: With regards to your letter of February 20, I do have some observations with regards to the matter of undergrounding and the matter of the City entrance sign which I thought I should pass on to you. With regards to the undergrounding, I would suggest that you contact Mr. Beebe, the Director of Public Works, to discuss the previous agreements relative to this matter between Mr. Allison and Mr. Cook. As you are aware, the undergrounding must be completed as a part of the completion of your project . Therefore, I would suggest early action on this matter. With regards to the City entrance sign, as I have previously indicated verbally, I would strongly suggest that every effort be made to obtain the approval of the Desert Beautiful with regards to the final design of the new City entrance sign. If further clarity is necessary or if further assistance should be required, please feel free to contact me. Sincerely, 1 A. Wi liams, AICP - Director of Environmental Services PAW/ss / cc : Mr . Clyde Beebe V Director of Public Works hbn eP1a. �..J� /utJU/l(`,v�,lSNPMn A. mn p O 0 .> •. ;'r at-Rab McForlPr,d AI AIA Dan N' Rob PrPrelsar, ' Y yr ,+ aati m, Ft X" gs February 20 1979 'ac`F'�:a r{l ''le tic r+ t i�' 1 _ ���c*•-!y- .�r-.z t ,s l ., '�!".r grftu ,.s2Tc uri7hr��>6'•' lirdrrf r t' + , .CLr f'tz tff -7.ii a ,w, :i�i,A1 1 j•E.' t v x '. ,k j r f ss ' �r ir�nFo�.�f lrJ,f nll�fl,i• e+ r aow.�([afi- n,i '��''�, - ,- r. 2 � 7T f, , i+ 4 ,V`,.+i. `[ k�--+<: � 1( .APB L e� ..! 5" , l( ?� L!4_ 1 �,n.� 1 r ti+♦ jy f ti ?}L.- s L} ' M1Ir111 H *• v`.. 'Paul :Williams i. Director of .Environmental Services ; q.b T dMcity Of :Palm 1' y J., , w -275 -Prickly' Pear 'Lane s .r Palm Desert, CA N , Pf�I ka Dear Paul ' � '1• i55, tr.Ja '�•+y ,• Ira•a'. :.y.;?v.q :w +.,4 ) r 4 .,. 4 � ; 3n 'regard ' to our? recent 'conversation 'about The"Restaurant s` ` f k ..Par wou Ar f 1 l d 1 ,.:.:, .,.. ..:,:::.writing the fo points „•. n irm 11 ow• r ;�. inS Po in ;€ 1 The reduction of the meandering sidewalk in front of Restaurant Park on Hwy oL F III �e'r:.3:P .. L6[,.4::::;... - 4.•, Atf. .• p from � 1 he prior a�reement between, Pau1 Allison and Hunter. � i�s '-Cook regarding the installation + °+ 'hi = at and of traffic g '••_;:;; _,_;:. � . a si 44th na1 7: an ;. r ':;I-_ II ,;This agreement involved the inovin of those"telephone ~+.. g. . _ 6 ,.r.':`:poles which ,to my understanding and Mr. :Allison 's .were - :' to ,be placed -underground. :-:Since this ..wasnIt accomplished the ,developer feels :that the City and 'tfie Edison':Company ;.:. are responsible for';imp _ _ ,.....:... ... . . ........ . ... ..t;.for ng the�;poles . movi - ""`' :i.Further, since the Edison Company's track 'iecord d i `cater that they normally take at a' year to remove- :'po'les after"the cori3iii[is'pTaced un8e'rground'and since "--- -"'-' the Edison Comp any pany has- so cleverly located all of.;the poles, we don ' t :believe"'that 'the'"installation""of .'the " sidewalk in front of ' the"'corner restauran } �.!"'accomplisheduntil _' n e: t-..can' b • mow:•-:•-:. .....,. ; ,...:... the oles are removed r r i T?c•• ,r� ,R pt n y. rrt-.hPc, , r .crr r+ -x rt. Wit•: ,,, . As per our condersation I have contacted Don 'McNeilly regarding the City entrance-;sign ., �' He. su e •f. j Ma ste - r riongg I_.c n Henderson _ ta.,c.tx;=--=. - -- a r�•,�er act-•r--,•P- --'r^' •z,-,-,�• SSa18iSYS�1a2Vk�fdb.�1. a a eed�dtl`.sf Etsi+tW - ' r .'T• -•,,, . - ` . � � T'�Ca+uWU.7�+7111Yc„�J�..'>,'^}jGX;3T'.� F.1RE!:ri'.1fY,tl$,}c1�7 KY•GY��•�•MIr� v`5!Y•' L 4 '7 ^`IIP.1G]f�'♦C1,T.647 YR,s aS r vi, . . --..+r. _au v :� v 1 ..-. FGe'tth' <..v Lu-u`14' i,3•J s7' ;t178A8 SKY PARK BLVD. ''"'• IRVINE.CALIF.M4 .:sty`y »h "._ _.(. ^::!.:•:r-`:`i6':2,'srr }: Y • ; ' \' 7AO75 EL PASEO SURE A.7 PALM 1 VIA)7514623 26 - r ' DESERT CALIF. v,,,5683626 PLANNERS 8L ARCHITECTS A CAIIFORNIA r, ' 1 �••l } • j CORPORATION s x } 3