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Home My WebLink AboutReductn of Bonds - TM31490-1 - Ponderosa Homes II, Inc. CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Reduce Bond Amounts for Ponderosa Homes SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Ponderosa Homes II, Inc. 6671 Owens Drive Pleasanton, CA 94566 BOND NUMBER: 929347556 The Continental Insurance Company 405 Howard Street, Ste. 600 San Francisco, CA 94105 DATE: December 11, 2008 CONTENTS: Letter Requesting Bond Reduction Surety Rider Original Bond and Agreement Vicinity Map Recommendation: By Minute Motion, reduce the bond amounts for Ponderosa Homes II, Inc. Discussion: Ponderosa Homes II, Inc. entered into an agreement with the City of Palm Desert to develop Tract 31490-1 in December 2005. Phase I of the tract has now been completed. The developer is in the process of completing the landscaping and the remaining off-site improvements for the project. Because the bond amounts submitted at the beginning of the project no longer reflect the scope of the work yet to be completed, the developer has requested that the City reduce the amounts of the bonds, from $3,414,437.00 to $2,457,101.00 for Faithful Performance and $1,707,218.50 to $1,228,551.00 for Labor and Materials. Reduce Bond Amount for Ponderosa Homes II, Inc. December 11, 2008 Page 2 of 2 Therefore, staff recommends that City Council reduce the bond amounts for Ponderosa Homes II, Inc. for Tract 31490-1. Prepared By: Departm nt ead: YV C 1�v�5��n� C c,�_r� Christina Canales Mark Gre nwood, P.E. Assistant Engineer Director of Public Works � Approval: � ,f ,1 ,-, rj �'� ,, 1� i' �� Homer roy Paul G� son ACM for Development Services Finan Direct r CITY C��l]�V�'1L CTIOt'�': �1P�i��i,r'�� EP�IED �� 1��7�� '�'€�� Carlos L. Orteg _._ _ _�� ._�. City Manager ��j�n ef�� l a-1!-b�3 e--��n . F ��.5o�ir��Q:�-.i�,��.�..�� ,,-,�,,,,� ., N ,��:��.:�� o �----__----__.____..____..__ ..________ .��J�:'d:w''�` _......_.__. 4....�QL1Z-._N_..___..__.____ ___._..______—._._.. :€�L�TP,a:�l o�b �C. _ /cc/dhl 'uT�:k��'I�t� ��: ` � O��nal c�n �'i�.� wit�i C�.-�� Clex��'� �ffi�e G:IPub WorkslStafl Reports120081December 11108 Reduce the Bond Amount!or Ponderosa HomeslStaff repo�t reduce bond Ponderosa Homes.docx GENERAL SURETY RYDER To be aitached and form a �art of Ty�e of Bond:Subdivision Bond No. : 9293�7556 Dated effecfi�e: IZ/G/2005 (�to��'��,nav,��,a�t} executed b}-: Ponderosa Homes tl.Inc.,as Principal, {PRINCII'r1L) and by:The Continental insurance CompanV,as Surety, (s�.��'�� and in favor of:Citv of Palm Desert. {OBLIGEE) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing f f ' � � Bond Reduction PerFormance Amount: $3,41�,�137.00 $2,457,l Ol.00 Payn�entAmount: $1,707,2l8.50 $1,228,551.00 Nothing herein tontained shall vary,alter or exten�l any provision or conditian ol'this bond except as herein expressly stated. '�'his rider is eFf'ective 11/4/2008 (NIOkVTki,DAY',YCAR} Signed and Seated I1/4/2008 (lY]ON'CH,DAY,YEAR) Ponderosa Homes II,Inc. ` PRINCIYAL BY: C ! �AIR�NClft[. D��ICE� TITLE The Continentai Tnsurance Comnanv SUI2ETY BY: Erin BaatiSta,AT"1'ORNEY-IN-FACT ACKNOWLEDGMENT Stafe of California County of Sar�ta Clara ) on November 4, 2008 befare me, �ean 1.. Neu, Notary Public (insert name and title of the officer} personally appeared Erin Bautista , who praved to me on the basis of satisfac#ory evidence ta be the person(�whose name($} is/a� subscribed to the within instrument and acknowledged to me that i�lshel�executed the same in #��/her/.#�r authorized capacity(i� and that by�herkfx�ir signature(s�on the instrument the person(�), or the entity upon behalf of which the person(� acted, executed the instrument. I certify under PENALTY OF PEF2JURY under the laws of the 5tate of California that the foregoing paragraph is true and correct. ;�.o^•,�.,r_+�+�±�.�.�!a.s�^.�i3.sQs.�*��.s*�r? EE T;. ,i�AN�.AiE�I i� WITNESS my hand and official seal. �1 .�"-�'�;� Co�nrriission� f62b5�� < s�:_�_:.;:��,.-�'\ z .�,�:..�-..�;.;',� No'rcy l�ublic-Cali;�rnto D �� 'Z�� San Maieo CoEir,fy �My Comm.Explres G�c 21,2009� �-�.�,.` "��"-�"ssy"tt� Signature (Seal} CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of�`Ci.r(12�C� On 1 I�J7—U� before rne, �7G'r neJ'�` � .l!�e v�c A :N a-�a�`y ��i� �- � Da1e Here lnserl N and Trtle of the O licer personally appeared L-�f�� -�- /U1(�.�A CC.� Name{s)ot Signer(s) 0 who proved to me on the basis of satisfactory evidence to be the person(s)-whose name{s� is/a�e subscribed to the within instrument and acknowledged to me that .Jae/she/tbey executed the same in�tis/her/tfaeir authorized capacity(+es), and that by fais/her/thei�-signature(s}-on the instrument the person(-s� or the entity upon behalf of ,�„l.,,�, which the person(s�acted, executed the instrument. .l�t�Et S.� �0r'��6T�� I certify under PENALTY OF PERJURY under the laws RDAc-C � �c� �� of the State of California that the foregoing paragraph is MyCarrxn.Fi�Mesoct2�2oD9 true and correct. WITNESS m hand and official seal. r Signature � Place Notary Seal Above Signal e olary Public oPrionr,ac. Though the information below is not required by law,it may prove valu to persons relying on the document and could prevent lraudulent removal and reattachment of this form to another document. Description of Attached Qocument Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ' ner's Name: O Indiv€dual �]ndividual O Corporate�fficer--�-Titie(s�: 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited �General I�Parfner—❑ Limited ❑ General ❑ Attorney in Fact • �' ❑Attorney in Fact • �' ❑ 7rustee Top of thumb here p Trustee Top ot thumb here � Guardian or Consery r CJ Guardian or Conservator O Other: ❑Other: Signer Is Re senting: Signer Is Representing: �2007 Nafional Notary Associalion•9350 De Solo Are.,P.O.Box 2402•Chalmorth,CA 913132402•vnvw.NationalNotary.org flem fS5907 Reorder.CallToiFFree t-800.876-6827 POWER OF ATTORNEY APP0INTING tNDIVTDUAL ATTORNEY-IN-FACT ICnow All Men By These Presents,l�hat The Continenlal Insurance Company,a Pcnnsylvnnia corporation,is a duly organized and existing corporation having its principat officc in the City of Chicago.and State of Illinois,and that it does by virtue of[he Signature and sea!herein afftxed hcrcby makc,constitute and appoint Erin Bautista,Bradley N �Vright,Carol B Henry, II A Poitevin,Jean L Neu, Bryan D Martin,lndividually of San Francisco,CA,its true and lawful Attomey(s)-in-Fact«�ith full po�ver and authority hereby conferred to sign,seal and execute for and on its behalf bands,underiakings and other obligatory instruments of similar nature -in Unlimited Amounts- and to bind them thereby as fu11y and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. "this Po��+er of Attorney is made and execated pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,�s indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insuranee Company has caused these presenis to be signed by its Senior Vice President aztd its corporate seal to be hereto affixed on ihis 24th day of Apri(,20Q8. .��sU, The Continentai Cnsurance Company ,.�.�r R1•. '�': �, r� ', `�r.: 'x �oo d; .�?_ "'r"" �},'�: �� . Y� ��r.�•.��• Thamas P.Stillman Seniar Vice President State of iilinois,County of Cook,ss: On this 24th day of Aprii,2008,before me personally came Thomas P.Stillman to rne known,who,6eing by me duly sworn,did depose and say: that he resides in the City of Chicago,State of lllinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania corporation,described in and which executed thc above instrument;that he knows the seal of said corporation;that thc seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thercto pursuant to like authoriry,and acknowledges same to be the act and deed of said corporation. fJFFICIAL SEAL EL12A PRIGE NOT/�RY PVBLIC.STATE OF II_LIfJOIS � �� MY COMMISSlON PJGP�RES: OH/'�7lOB My Commission Expires September 17,20Q9 E za rice Notary Public CERTTF'3CATE 1,Mary A.Ribikawslcis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of Attomey herein above set forth is s[iIl in force,and further certify that the By-Law and Resolution of the Boarcf of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof i have here�nta subscribed my name and affixed the seal of the said corporation this 4Ch dayof November 2008 .��U� The Continental Insurance Corr�pany . '.Z`' .... ��'�i :z '�;p �� :� "" ^ � a' � :� ,•. . �}. �'••��•••�' Mary A.R ika kis Assistant Secretary Form F6850-1/2007 � � o � � � � os � � _ �� . — � H #_..� �' , z�, ..�:� , � .. . ... � ,Cy f+: � � 4� ��i:� �s�r�}x,��!' �#,�� ..�� October 6, 2008 Mr.Mark Greenwood Director of Public Works CITY OF PALM DESERT 73-51G Fzed`,ti�aring Drive Palm Deser�, CA 92260 RE: Completion of Public Landscape Improvements, Gallery Project Dear Mark: - Pursuant to our recent conversation Panderosa Homes has reviewed the extent of work remaining to be complet�d on the perimeter landscaping at our Gallery project located on the northwes� c.orner of Gera.ld k'oxd and Portola.in.�P.al� Desert. As you may know we are completing revisions to these plans which were required due to changes made during the sidewalk installation. We are also �cvorking .with Landscape Services to revise the monumentation proposed at the corners of Gerald Ford & Portola and Dinah Shore & Portola. Given the current state of the housing market and our need to effectively manage our resources,we propose the following schedule to complete this work: 1. Install landscape and irrigation on Gerald Ford Drive from the western project boundary to the Portola Avenue intersection-compete by 3/31/2009. 2. Install landscap�and irrigation on Dinah Shore from the project entrance up to and including the corner landscaping on Dinah Shore&Portola-complete by 1.2/31/09. ' 3. Install landscape and irrigation on Portola Avenue from Dinah Shore to Gerald Ford including corner landscaping on Fortola and Gerald Ford and sidewalk on Portola-complete by 12/31/10. 4. Install entrance Iandscaping and gate on Dinah Shore-complete by 12/31/11. S. Install tandscaping az�.d gate on, 1Vlickielan.gelo/"C" Street -- compete by 12/31/11. Please note that these improvements are dependent on cooperation by Rilington or their successor. We had a verbal agreement with them and a A�lzair+t31fie�; b67i Owens Drive • Pleasanton,CA 94588-33�9$ a Tel; (925)4b0-890G' � Facsimile; (925)734-91�1 . �ran�ts t)ff'sc,e: 77-80b�lara Road,S�Ite E � Palrn Desert,CA 92211 �Te1, (7b0)3b0-2109 • Facsimlie; (7b0)360-b54b tried to get it in writing but were unable to complete that before they lost tlie project. I have included a reduced layout plan indicating the locations of these phases. Thank you for your assistance with this matter and we appreciate the City of Palm Desert's forbearance. We would also like to proceed with the bond reduction as proposed by your staff. In addition, we are in the process of selling the 103 Legends lots {the 10,000 sq. ft. minimum lots located on the west side of the project) to an investment group. We will retain a first right af r;,fusal to purchase the lots from: tl�e buyer when +.hey put them on the market. Hopefully we will get through this mess in the next year or two so that we can resume some so�t of normal business model. Please contact me at your convenience with any questions or comments. Respectfully, PONDEROSA H�MES II, INC. � ��- � � �� effr y C.Schroeder Seniox Vice President, Land Acquisition&Planning cc: Jason Vance . � i s a � �'s�i � � �� ti $ ti� � _ - �, . �. � � . — ro � �� :_: 4 p y� i�! 3fW7AY V101tl0� ��..'__'� ��i�� _�-�_ _' } _ —'_ '�'_____'—.'__'__.� �__.�., � ` w.-v�,�__,,, .- � �� / / i� ,:�.� _ ,..''�. /i � x/ } ir^ ,d,..,,�- m�� ,,,_,.. : � �� : : � � h p � ...�°�.�"—«.....:.._.-=•-"'�^' s� $� N� �p �� N= �! _� ni I ( �`` ,� �� -� ; �; � �` �� '""°'"""" �.,, s� ; �, ,Ia3 � � � 5 ' <� _� �i �� "� � '� R� �6, R� ` I �p t �� ai p`.�� x� i �, F. ,� � �! r a� p� tl� � 0� �� j ,� � J��_� ��*�,,, �{ � �� '� a� � � &� � � F'(t"^' Rt �� "t '� F ...��......... . lt e� �[ r� k P� '� J`� �� r� ,�� Q� .,� I �' ! k � �'i f e� I !'i p.f, �� pt f, ... Q��i,,�� e �, �� $ �� r� .� ac�� —.�� _ � .�( �R •C1' � f� r.w�awwye "� I "k ��< �� a� .i� �e �r, s� "1� i �i�.�,=�C �� .._ . ��.�;, ..9 � "t r= � ,-�t "9 s� ;i ge t t '�''�� ; � �._— .,� �"!: �`a. 9 �� t � � � •'r��..� U --ti." t _� ge -� e �p �t � ti'.i � z m �i Yf �� i •� -�e = � a k �E `k 'r! k o� j rcKt+wr� J.� I .�;x �' y� ,y' "� � tl� �� M� � _� rt � rf ��t s� �! I..• p�... i r^ � �� o UJ � e o� ok � �� pt q� p� I � Z § �t gt �� k $! � �� r� � s� � ! F � �'� o� �� :�� ` O VJ '� � 3 r �@ pe ! k �°'� �� a i r ,� � } p3 i = Q � g . a "' •�> e4 ^: .� �t 4 at = �� -t � Q � � � �t �k mt ..,,, �i q n� ^e �,,,,, I � � � .+` ' � � � Q �t �� Q ��S" �! � .a:�wa,�.� .�..,, 5 � � c ! ��+ gt h ` Q L �t �t �3 �t gR rf Rt �� 5 J gf �� I O Z .. � �� } s �k'�'n smrn.nn e'^ xt � 1 I � � R� d" 't t �'� R� � � ze � t W,r+► �; y + t „� � 't ,� ei e "� % •e I �p �� t e� •j '0k �! ! �R I � � � � A� F� n�� w� ��ok o� M1� �� 't � FF.,,,..� i - - � k i � ! �i 'e �� t . �� "e '.:«� �d > � j � _� t = '�' �, F :Re � ►� a� � � � 4i 5 � ql`_ � �t gt �t vY �t �� ' � � � _' � s 'E .� L si p@ �! � � 'D! �- "t �� e� Q _ I � � j� e �a� + f 1I"t l 5 bi Fi : :� p r $t ° I "e l� r I 'k t 9 �o �i si -t �e ¢i ¢i ;� �i �_ '' i ' " ` e e "� � �r � .e �" f T ss . � a,., �""'"" � .e, � � � • ; _ ,_, e. � � � `o � � 6 1 -� �. MI z' o�� 06 d �6 �� M«� «� �� '°t � I Y Q 4 � �t F� , ��'"'��'�� .. �� ....Re�..... � g! �t ¢t ! � � � ! � p' ��'.� + � � a � � � - € � � � € g � � � � � � � . � ( ! . SUBDIVISION IMPR4VEMENT AGREEMENT DATE OF AGREEMENT: ___________________M, 20____. NAME OF SUBDIVIDER: �,��1�7�`�S�Q ��r��_S_�.��.�________ • (referred to as "SUBDIVIDER"). NAME OF SUBDIVISION:��.�..�1�_�rL�_________ No. of Lots:��(� (referred to as "SUBDIVISION"). TENTATIVE MAP RESOLUTION OF APPROVAL NO.: c_�._��_____(TM No3I�I�l� (referred to as "Resolution of Approval") IMPR4VEMENT PLANS APPROVED ON:__��i NC�±____ --------------- {referred to as "Impravement Pla�hs"). ESTIMATED TOTAL COST OF IMPROVEMENTS:$_�T�.��,��3_7 . ��_______. C�o��.� �m��, ESTIMATED TOTAL C�ST O�MONUMENTATION:j�=��',�_________ SURETY: BOND NOS:__Ra��'��_----------_— ----------------------- SURETY:_____��_L�t' -------_____�--------------- �O R- iRREV�CABLE STAND-BY LETTER OF CREDIT NO.____________________ FINANCIAL INSTiTUTI�N:_______________________________________ -O R- CASH/CERT(FICATE OF DEPOSIT, AGREEMENT DATED;_______________ FINANCIAL lNSTITUTION:_______________________________________ This Agreement is made and entered into by and between the City of Palm Desert,a municipal carporation of the State of California, hereinafter referred to as "CITY", and the SUBDIVIDER. RECITALS RMPUB\DIE11597 i � A. SUBDiVfDER has presented fio CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions af the Subdivision Map Act of the State of California and the C1TY's ordinances and regulations relating to fhe filing, approval and recordation of subdivisian maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, appraval and recordation of subdivision maps are collectively referred to in this Agreement as the"Subdivision Laws". 8. A tentative map of the SUBDlV1SION has been appraved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Appraval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condit'€on precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either(a}completed, in compfiance with CITY standards,all of the improvements and land development work�equired by the Subdivision Laws or the Resolution of Approval or (b} have entered into a secur'ed agreement with CITY to complete the improvements and land devefopment within a period of time specifed by CITY. D. In consideration of the approval of a fnal map far the SUBDIVlSION by the City Council, SUBD(VID�R desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed SUBDIVISION. SUSDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and appraved by the City Attorney. RMPUB�DSE\1597 -2- " " f � E. Complete Improvement Plans for the construction, instaliatian, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporat�d into this Agreement by this reference. AU references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estima#ed amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and i�stallation of improvements within the CITY. The lmprovement Plans have been prepared in con#ormance with CITY standards in effect on the date of the Resalution of Approval. H. All public improvement monuments, sfireet signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVI�ER, including the rightto sell, lease, or finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations to commence construction ot the improverrzents by the time established in this RMPUB\D7E\1597 -3- ' { ( Agreement. CITY shall be entitled to all remedies avaifable to it pursuantto this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determinatian of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for defauit by the SUBDIVIDER shall be within the sole discretion of C[TY. NOW, THEREF�RE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: (1) SUBDIVIDER's Obliqation to Construct Improvements. SUBDIVIDER shall: (a) Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. (b) Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of ApprovaE in conformance with approved Improvement Plans within one yearfrom date of execution af this Agreement; provided however,that the improvements shall nat be deemed to be completed until accepted by City Council as provided in Secfiion (17) herein. (c) Furnish the necessary maferials for completion of the public improvements in conformity with the Improvement Plans. (d) Acquire,or pay the cost of acquisition by CITY, and dedicate all rights- of-way, easements and other interests in real property for cons#ruction and installation of the public improvements, free and ciear of aif liens and encumbrances. The SUBDIVIDER's obligatians with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in reai property shal[ be subjecfi to a separate agreement between SUBDIVIDER and C1TY. SUSDIVI DER shal[alsa be responsible for obtaining any RMPU6\DJE11597 -�}- ' f. public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodafie the SUBDIVISI�N. (e) Commence canstruction of the improvements by the time estabiished in Section (22)of this Agreement and corr3plete the improvements by#he deadline stated in Section (�}(b) above, unless a time extension is granted by the CITY as authorized in Section (22). {f� Ins#all all SUBDIVIS[ON public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individuaf property monuments shall be installed within one year of said acceptance. (g) Instafl street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. (2) Acauisition and Dedication of Easements or Riqhts-of-Way. If any of the public improvement and iand use deve(opment work contemplated by this Agreement is to be constructed or installed on land not owned by C1TY or SUBDIVIDER, no construction or installation shail be commenced before: (a) The offer of dedication to CfTY of appropriate rights-of-way, easements or other interests in real property, anr� appropriate authorization fram the property owner to allow construction or installation o#the improvements or work, or (b} The dedication to, and acceptance by, CITY of appropriate rights-of way, easements or other interests in real property, as determined by the City Engineer, or (c) The issuanc�by a cour�of campetent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respecfis with the order of possession. � RMPUf3lDJEU597 -�'j- - . f Nothing in this Section {2)shall be construed as authorizing ar granting an extension of time to SUBDIVIDER. (3) Securit . SUBDIVIDER shall at aI[ times guarantee SUBD(VfDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: (a) to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of fihe improvements; and (b) to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials fior the improvements required to be constructed and installed pursuant ta this Agreement in the additional amount of 50%of the estimated cost of the improvements; and (c} to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 90% of the estimated cost of the improvements; and (d) SUBD(V(DER shall also furnish to CITY good and sufficient security in the amount of one hundred percent(100%)of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section �1)(�for a period of onE year plus thirty (30) days from farmal acceptance by the City Council. The securities required by#his Agreement shall be kept on file with the City Clerk. The terms of the security doeuments referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another RMPU[31DJE�I597 -6- - approved security, the replacement shali: 1)comp[y 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 C1erk, the#ormer security may be released. (4) Aiterations to Improvement Plans. (a) Any changes, alterations or additions to �he Improvemen# Plans not exceeding ten percent{10%}of the original estimated cost of the irnprovements,which are mutually agreed upon by ClTY and SUBDIVIDER, shall not relieve the improvement security given for faithful perfarmance af this Agreement. In the event such changes, alfierations, or additions exceed 10% of the original estima#ed cost of the improvement, SUBDIVIDER shall provide improvemenfi security for faithful performance as required by Section (3) of this Agreement for one hundred percent(100%)of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6} of this Agreement. (b) The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the tirr�e of adoption of tt�e Resolution of Approval. CITY reserves the right to modify the s#andards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or camply with applicable state or federal law or CITY zoning ordinances. lf SUBDIVIDER requests and is granted an extensian of time for completion of the improvements, ClTY may apply the standards in effect at the time of the extension. RMPUB\DJL11597 -7- � . r (5) Inspectian. SUBDIVIDER shall at all times maintain properfacilities and safe access for inspection of the public improverrients by C1TY inspectors and to the shops wherein any work is in preparation. Upon campl�tion of the work, SUBDIViDER may request a final inspection by the City Engineer, or the City Engineer's authorized �epresentative. ff the City Engineer, or the designated represen#ative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shaff certify the completfon of the public improvements to the City Council. No improvements shall be finally accepted by the City Counci! unless all aspects of the work have been inspecte�and completed in accordance with the Impravement Plans. Wi�en applicabie iaw requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shalf be given timely natice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER sha!! not proceed with additional work unti[ the inspection has been made and the work approved. SUBDIVIDER shall bearall costs of inspection and certification. No improvements shall be deemed completed until accepted by#he City Council pursuant to Section (17} herein. (6) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful performance of any act, obiigation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsectian (b} hereof. {b) The City Engineer may release a partion of the security given for faithful pertormance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for RMPUB\D1E\1597 '8- � , faithful performance of the improvement work and#hat the security shall not be reduced to an amount less than fifty percent(50%)of the tatal impravement security given for fiaithfui performance until final compietion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which woufd reduce such security ta an amount below that rec{uired to guarantee #he completian of the improvement work and any ather obligafion impased by this Agreement. (c) Security given to secure payment to the contractor, his ar her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance of the work, be reduced to an amoun#equal ta no less than 125°/o of the total claimed by all claimants for whom liens have been filed and of which notice has been g9ven to the C1TY, plus an amount reasonably determined by the City Engineer to be required fio assure the performance of any other obligations secured by the Sacurity.The balance of the security shall be refeased upon#he settlement of alf claims and obfigations for which the security was given. (d} No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty perioc4 have been settled. As provided in Section (�0), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. (e) CITY may retain from any security re(eased, an amaunt sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. (7) Injury to Pubfic Im�rovements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case rnay be, all public improvements, public uti(ities facilities and surveying or subdivision monuments RMPUBlD181l597 -9- � which are destroyed or damaged as a resul# af any work under this Agreement. SUBDIVIDER shafE bear#he entire cost of replacement or repairs of any and ali 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,ar the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility carporation or by any combination of such owners. Any repai� or replacement shall be to the satisfaction, and subject to the approval, of the Ci#y Engineer. ($) Permits. SUBDIVIDER sha11, at SUBDIVIDER`s expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees ancf taxes required by law. (9) Default of SUBDIVIDER. (a) Default of SUBDIVIDER shali include, but not be Iimited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement; (2} SUBDIVIDER's fai4ure to timely complete construction of the improvements; (3) SLIBDIVIDER's faifure to timely cure any defect in the improvements; (4) SUBDIVIDER's faifure to perform substantial construction work for a period of twenty (20) cakendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; RMPUB1D1E11597 -],O- ' { (6} the commencement of a foreclasure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) SUBDIVIDER's failure to perform any other obligation under this Agreement. (b) CiTY reserves to itself a[l remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the righf, subject to this Section, to draw upon or utilize the appropriate security ta mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any o#her remedy available to CITY. It is specifically recognized that the estimated costs and security amaunts may not re#lec#the actual cost of construction or installation of the improvements and, therefore, CITY's dameges for SUBDIVIDER's default shall be measured by the cost of completing the reauired improvements. The sums pravided t�y the improvement security may be used by CITY for the completian af the public improvements in accordance with tY�e improvement plans and specifications contained herein, In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty(20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by con�ract or by any other method C1TY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER`s surety shall be liabfe to CITY for any excess cost or damages occasioned CITY thereby. In such event;CITY,without liability for so doing, may RMPU�\pJfi\5597 _�1- � . take possession of, and utilize in completing the work, such materials, appliances, plants and ather property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. (c} Failure of SUBDIVIDER to comply with the terms of this Agreemen# shall constitute consent ta th�filing by CITY of no#ice of violation against afl the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to C17Y. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discre#ion of CITY. (d) In the event that SUBDIVIDER fails to perform any obligation hereunder, SUB�IVID�R agrees ta pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited ta fees and charges of architecfis, engineers, attorneys, other professionals, and court casts. (e) The failure of C1TY to take an enforcement action with respect to a default, or to declare a breach, shal! not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. (10) Warrantv. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a perioci of one year after �nal formal acceptance of the SUBDIVISION by the City Council against any defec�ive wark or labor done or defective materials furnist�ed. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to ClTY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or RMPU61D1EU 597 -],2- ` ; parts of the work or structure. Should SUBDIViDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty {20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CfTY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be natified, C(TY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. (11) SUBDiVIDER Not Aqent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contrac#ors or subcontrac#ors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. (12} Iniury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of foss to any of the impravements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDiVIDER will be responsible for the care, maintenance ofi, and any damage to such improvements. CITY shall not, nor shail any officer or employee thereof, be Iiable or responsible far any accident, loss or damage, regardless of cause, happening or occurring to the work or impravements specified in this Agreement prior to the completion and acceptance of the work or improv�ments. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. (13) Environmental Warrantv. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violatian of any environmental {aw and neither the [L�iPUH\D3E\I597 -1 3., • . i i property to be dedicated nor the SUBDIViDER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, an, under, or about the property ta be dedicated, any hazardous substance except in campliance with all applicable environmen�al laws. SUBDIVIDER has not caused or permitted the refease of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDiVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give promp# written notice to CITY at the address set forth herein of: (a} Any proceeding or investigation by any federal, state ar local governmental autharity with respeet to fihe presenc� of any hazardous substance on the property to be dedicated or the migration thereof from ar to any other property adjacent to, or in the vicinity of, the property to be dedicated; (b) Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, (c) SUBDIVIDER's discovery of any occurrence ar candition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject ta any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmentai law. RMPU81D1E1159J -�[�_ � � r (14) Other Aqreements. Nothing contair�ed in this Agreement shall preclude CITY fram expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment af costs of water and sewer mains, or other improvements, pursuant to the pravisions of the CITY ordinances providing therefore, nor shail anything in this Agreement commit CITY to any such apportionment. (15} SUBDtVIDER'S Obliqation to Warn Public Durinq Construction. Until forma! final acceptance af the improvements,SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements,and will take all reasonabfe actions to pratect the public from such dangerous condition. (16) Vestinq of Ownership. Upon forma[final acceptance of the work by CITY and recordation of the Reso[ution of Acceptance of Public improvements, ownership of the improvements constructed pursuanfi to this Agreement shall vest in CITY. {17) Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of#he City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60} days from the date the City Engineer certifies that the work has been finally comple#ed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. (18) Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents,or employees,contractors and subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to pratect, defend, inciemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, RMPUB\DJE1�597 -15- • . f i agents and e+riployees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcantractors in the performance of this Agreement, except for such claims, demands, causes of action, liabiiity; or loss arising out of the sole active negligence of the CITY, its officia(s, boards, commissions, the members thereaf, agents, and employees, incEuding all claims, demands, causes of action, fiability, or loss because of, or arising aut of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries ta persons and damages or taking of property resul�ing fram the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacen�property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall nat constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement pians or map, regardless of any negligent action or inaction taken by CITY in approving #he plaris or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City�ngineer before approval of the pa�ticular improvement design, which objection inciicated that the particular improvement design was dang�rous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated ta eliminate any defect in design or dangerous condition caused by the design or constructian defect; however, SUB�IVIDER sha[I not be responsible for routine RMPUHIDJ611S97 -1�-. ' i , maintenance. Provisions of this Section shal! remain in fuil force and effect #ar ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work dane pursuant#o this Agreement and that CITY shaf!not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. SUBDIVIDER shall reimburse CITY for all costs anci expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals,and court casts) incurred by CITY in enforcing the provisions ofi this Section. (19} Personal Nature of SUBDIVIDER'S Obligatians. All of SUBDIVIDER's obligations under this agreement are and shall remain fihe personal obiigations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDfVIDER shall not be entitled ta assign its obligations under this Agreemen� to any transferee of all or any part of the property within the SUBDIVISI�N ar to any other third party without the express written consent of CITY. (20) Sale or Dispositian of SUBDIVISION. Seller or other SUBDlViDER may request a novation of this Agreement and a substitu�ion of security. Upon approval of the novation and substitution of securities, the SUBDIVlDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shail relieve #he SUBDIVIDER of the obligations under Section �18) for the work or improvement done by SUBDIVkDER, knapus��,E�isv7 —17— . . � r (21) Time of the Essence. Time is of the essence,in the performance of this Agreement. (22) Time for Commencement of Work; Time Ex#ensions. SUBDIVIDER shaf[ commence substantial construction of the improvements required by this Agreement not later than six (6} months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or c�mpletion of the improvements hereunder may be extended for a period or periads not exceeding a total of iwo(2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted wifihout notice to SUBDfV(DER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act af CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work,which SUBDIVlDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a candition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agr�ement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. (23) Na Vestinq of Riqhts. Performance by SUBD{VIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zaning or building law or ardinance. RIvlPUB1DIE\l597 -1$- � (24) Notices. Ait notices required or provided for under this Agreement shalf be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Sectian. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date af deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City af Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to SUBDiVIDER: _�g.�JD��Q��(1�_�Tt�, CD(o`1.1�2��,1�.�1_z1y�_�..---- ��:�'��s2� G�3,__g!-�,�(�b -��_��-��-��-12 Notice to SURETY: _L�1I��?�� ____ __ --��.(�l��Sr��v��(o(9G _�ti �,�2-`�,C3�tas� __��(`fi i(�S"" __�'i"�'�U=-��{1_L.�---�L1�`��.E�-�- (25) Compliance With Laws. SUBDIViDER, its agents,employees,contractors and subcontractors shall comply with all federal, state and focal laws in the performance of the improvements and land development work required by this Agreement. (26) Severabilitv. The provisions of this Agreement are severable. !f 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 rnodified by the mutual consent of the parties. (27) Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction ar meaning of any provisions of this Agreement. RMPUD\DJE\1597 _1 9_ � -. � j { (28) Litiqation ar Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevai[ing party shall be entitled to litiga�ion costs and reasonable attorneys' fess. (29) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (30) Entire Aqreement. TY�is Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications,amendments,ar waivers of the terms of#his Agreement must be in writing and signed by the apprapriate representatives of the parties. (31) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (32) Jurisdiction. Jurisdiction of all disputes aver the terms afthis Agreement shall be in the County of Riverside, State af California. UI lll lll lll RMPUB\D1E\1597 _2�- • . i r 1N WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. _ ,�,_ Y_____ ___ _ CITY OF PALM DESERT VI ER � f� �� ✓- ?. i.+�7 1�c�. �� ►.�� =-- -----�-------------- By�---------------------------- BDIVIDER MAYOR �iox- ✓ �, ot"�-��'f�nn�5� Gr�d (Proper Natarization of SUBDIVIDER's signature is required and shall be at#ached) ATTEST: ----------------------------- CITY CLERK APPR�V AS TO FORM: � � _--_ ----------------- CIT T NEY RMPUB\D1EUS97 _2].- � r CALI�ORNIA �1LL-PURPOSE ACKidOWLEDG�IIENT t.,�;�<�c>,sr�?.�r,�..,�^.cc.cr-cc��'��.et�.c�`�-el?c�'�3c�^.c�ti-�c�.��-cc�,ec>�,v,cr.cc�.c�c.cc>.cc,�c>,cr.c�.c�.c�� ' c Z� � � State of California ?�; � ��C! t�n� ss. �. � County of 1L�--- �f � �. � 4n i �a-"��0 � before me, �P("ti-� T � • lll..� �`e ,�.y L�� , � Dale Name and Title ot OIGcer(e.g..Jane Doe,Notary Pubfic� �> � personaliy appear ..� �'' �. � � C E- -- % �� ,� R . � Hf��'��``5' �' < �personally known to me �> � ❑ proved to me on the basis of satisfactory � � evidence � � to be the person(s) whose name(s) is/are �, �? JANET S.WEIYIG subscribed to the within instrument and ?J; �S Corm�is5ion# 1611953 acknowledged to me that helshe/#hey executed �� , � ,"a Notary Publ�c -Caiforr+lo � the same in his/her/their authorized �� , Aiamecla County capacity(ies}, and that by his/her/their �,� h MyCprm.ExptresOct26,2009 signature(s)on the instrument fhe person{s),or � � the entity upon behalf of which the person{s) �j. ,h acted,executed The instrument. � 2 �7 WITNESS my hand and officia!sea1. � � } ,rJ/y�..t� �> �� sgnatore ot Nol'ry Public �? ��j � 2` �> � OPTlONAL �; � Though the information below is no1 required by law,it may prove valueble to persons relying on lhe document and could prevent r,�' f? lraudulen!remova!and reattachment of this form!o another document. 2� ;�; Description of Attached Document �� 5 � 'r Title or Type of Documeni: � �fi� � �' Document Date: Number of Pages: �; I(S S� r � Signer(s}Qther Than Named Above: � � � � Capacity(ies) Claimed by Signer �> � Signer's Name: `�� - � 'j�� ❑ individual 7op o(thumb here � � � Corporate Officer—Titie(s): `� '�? ❑ Partner—O Limited ❑General � �? C7 Attorney-in-Fact ?); � ❑ Trustee �� h ❑ Guardian or Conservator �? l; O Other: i�� r 5igner is Representing: � �y�i't>'�L'Ct;v^i,>�ri�r,w;�c c;�Ci;'c<;�;'�,;`�==':�c�;�G�Gti'C-t7e c.'�S;'�'�ti`�i'�GS�`�.:'�:'�C,�CG^�;`�G'�,i'�t;r4�_c_�c;`�t;'e�;'�'.:'G::u„d'�� 999 Na�onal No1aryl�ssodation�9350 Oa So�o Ave.,P.O.Hox 2402•Chalsworlh,CA 97313•24a2•vnnv.NaUonalNolary.org Prod.No.5907 Reorder:Call To11•Free 1•8�0-876-6827 ��'�� ' , ;T°Y F' PAL D��_� `T - � 73-510 Fred Warin Drive 9 �, Palm Desert, California 922fid-2578 �� i �i�1 Tel: 760 346-0611 Fax: 760 341-7098 ' info palm-desert.org � BONDS AND FEES SUMMARY PROJ�CT: TR 31490 -THE GALLERY- GRADlNG DATE: November 16, 2005 BONDS Faithfui PerFormance . . . . 3,414,437 Labor and Ma#erials . . . . 9,707,29 9 ' � REFUNDABLE CASH DEPOSITS Survey Monumentation . . . . COLLECT W/ MAP PM10 . . . . . $ 162,940.00 T4TAL DEPOSIT $ 162,940.00 FEES Plan Check . . . . . $ (18,191.00} Inspection . . . , . $ 45,598.00 Park . . . . . COLLECT W/ MAP Signaliza#ion . . . . . COLLECT W/ MAP Drainage . . . . . $ 81,470.00 Fringed Toed Lizard . . . . $ 48,882.00 Transportation Uniform Mitigation Fee (T.U.M.F.) . BLDG 8 SAFETYCOLLECTS Miscellaneous . . . . . $ - TOTAL FEES $ � 157,759.OQ Prepared By: BENJAMIN D. EGAN Checked By: R. PAGE GARNER G:4PuhWorksl7ampla(esICALC FEES•ROUGH GRADING i � � . �.� �...� h £ . � , � u c CfTY OF PA��Vi DES�RT � ` �` S'TANDARD �ORM SUBDlViSI�N FAlTHFIlL PERFORMANGE BOND ��: i NAME �F SU��dlVlSiON: Tract ��: 3149Q-1 Gallery s- �� '' NAME OF SUERDIVlDER: Ponderosa Homes II, Inc. r„ i( NAME OF �UFeETY: The Continental Insurance Company EF�ECTIVE D,ATE; �2/ab/2005 AME�UNTOE I3C)ND: $3,414,437.00 BOND NUMBf�R: 429347556 PREMIUM:r, $17,0�2.00 KNC�W AL,L M�N BY TH�SE PRE�ENTS: That the person, firm, corporafinr�, entiry, or othenrvise, named on iin� 2 �bove, withaut reg�rd to vender and number, hereinaFter referred to as PR�NCfPAL, and the carporation named on Lirn� 3 above, a corporation authorizec# ta do business in the State of � Califarnia and presently possessed of authority under Titl� B of the United States �. � Code to da b�.�siness under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereir�after referred to as SUR�TY, are jointly and severaliy held and frmly bound Ltnta the City of Palm Desert, a municipal corporation of the State ofi Califor�lia, hereinafter referred to as CITY, in the sum mentioned on Line 5 abave, for the faithful per€o!'mance of that certain SUBD1Vl�lON � IMPROVEME'NT AGR�EMENT betvreen PRINCIPAL and CI`CY regarding the subdivision r�amed on �in� 1 abov�, as required by the �rovision of the Subdivision N�ap Act and CITY ordinanc�s, resolutipns, rufes, and regulations, for � K' ' .�. � � . � { � ' . 2 the payment of which sums well and truly to be made, PRINCIPAL and SUR�TY hereby bind thE�mselves, their heirs, administrators, executors, successors ai d assigns,)ointly and several(y, firmly by these presents. The condition vf the foregoing obligation ls such that if the said PRINCIPAL shall faithfu{fy p�rform the caven�nts, conditions, and agreemer��s contained in th.3t certain SUBDIVlSl4N IMPROVEMENT AGREEMENT between PRINClPAL. arid C1TY regarding the subdivision named on LiN� 't of Page 1 hereof, which ;;aid agreemer�t is by this reference incorporafed hErein, on its part to be kept an�� performed, in a manner and form th�rein specified, and shalf furnish materi��l in compfiance with the speci�cations and perform �Il that certain work and impr�vement in said ClTY which +s more p�rticularly described in said SUBDiV1SlON {MPROVEMENT AGREEMENT, then the obfigation wifh respect to the faithful K�er�ormance is by tihis refierence incorparated herein, The said SUR�TY, for value received, hereby stipuEates �r�d agrees that no change, extension of time, alteration or addition t� th� tarms of the SU$DlVISf01�1 IMPROVEMENT AGRE�ME[VT or to the woric to be performed thereunder or the speeifications accampanying the same sf�alf in anywise affect ifs obligations on this bond, and i#does hereby waive natice of any such ch�nge, extension of time, alteration or addition to the terms of the SUBDIVISION IMPROVEME'NT AGRE�M�NT, the work, the speci�cations or �ny feature or item of perform2�nce thereunder. In the event it becomes necessary for CITY to bring an action to enforce tF�is bond, SURETY shall pay C1TY's reasonable aktorney's feEs and court eosts in connection therewlth. � I . i . r f . . g IN WITNESS WMER�QF, PRINCfPAL and SURETY have executed this ins#rument on tlie data mentioned on �ina 4 of Page 1 hereof. PRiNC1PAL PRlNCtPAL The Continental Insurance Company S c1 RETY ��/�`�l /� , . S Paul A. Kitchell, Attorney-In-Fac[ (Notarial acKnflwtedgement of execution by ALL PRfNEIPA�.S and SURETY must be attached.) . _ � ' POWER OF AT'� ;NEY APl'OINTII�FG INDNIDUAL ATTf� dEY-IN-FACT Know A!1 Men By'�'hese Presents,That The Continental Insurance Company,a South Carolina corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State o£Illinois,and that it does by virtue of the signature and seal herein a�xed hereby make,constitute and appoint Paul A.Kitcheli,LilIian G.Hill,Thelma D.Dutay,Emify L.Newell,IndividuaiiX of San Francisco,CA, its true and tawful Attomey(s}-in-Fact with fulI power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertaicings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofth�corporation and all the acts � of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed oa the reverse hereof,duly adopted,as indicated,by the Board of Dicectors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 27th day of August,2005. ' `•'••• The Continental Insurance Company .�y�$U�. '� '�,y; � �• �'�: . •x �:� �'� :� ,,. ,C': �' b' �� • •••'��: r Michael Gengler Senior ce President State of Illinois,County of Cook,ss: On[his 27th day of August,2005,before me personally came Michael Gengler to me known,who,being by me duiy sworn,did depose aad say: that he resides io the City of Chicaga,State of illinois;that he is a Senior Vice President of The Confinental insurance Company,a South Carolina corporation,described in and which executed the above instrutnent;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to litce authority,and acknowiedges same to be the act and deed of said corporation. • ................•.,.... ; 'OFFICIAL&Fl1L` : • MARlA M.A�OiHA ' • ( � � � • i NMM'Publb.�tat�Ot IMnoM • • /I! .�•�•'^�'-�` i MY Coavriukn E�a�/1!A!i ♦��r��• My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a South Caroiina corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and fuRher certify that the By-Law and Resolution of the Board ofDirectors of the corporation printed on the reverse hereof is still in f rce. In testimony whereof[have hereunto subscribed my name and affixed the seal of the said corporation this �i fi{ day of �-�ft�*+�R-•. - , ��4S . �*ti�sv�, � The Continental Insurance Company ., : �� ' . . t f!. `� �o �p• :,°v ." ' � a: n �'. �.�,': C.C. � . ��''�••�.N•�� Mary A. ika kis _ Ass"►stant Secretary For�n F6850-t 1/2001 ( ( � C/�L91FOFtN1A ALL.-RURPOSE ACKPIOWL�DGMEI�l1� ��:;c.^��.c�.c�.�.c�:��,..e>?�;.^.ee�,e�:cr,c�`.cr,cs^.cr.�,�c��^�^-e�>zr;ec�.cc.cc�.e�r,�v r.e�,cr.c�.c�,�r.�.�v� �y 'S +� State of California �; �S ss. � �� County of �(��r�(�GL.. � �� q�� On ��- �D 'before me, .� , � V�JC:�� , h l D le { Name and i e ol Olficer(a.g.,'Jana Doe,Notary Pu6tic'� �2 � personally appeared �� ,Ai��: G'� �SL�L , �,' �� ame(s)ot Signer(s) 2',�� ersonaEly known to me th,�, '� ❑ proved to me on the hasis of satisfactory 5 evidence � � to be the person{s} whose name(s) is/are � � JANET S.WENlG subscribed to the within instrument and � �� ComRussion#1611953 acknowledged to me that he/shelthey executed �, � »d; . Notary PubNc-C�iicxnfa � the same in hislher/their auFhorized � ` qiameda County capaciiy(ies), and that by his/her/their � � h�y�orrm,ExpkesOct2b,2009 Signa#ure(s) on the instrument the person(s), or �j? � the entity upon behalf of which the person(s} Z�; � acted,executed the instrument. ,� � � WITNESS my hand'and official seaL � � � � � S nalure of N lary Pui�ic ,r.��' � ��) �' OPTIONAL � � Though fhe rnformation below is not required by law,it may prove valuabfe to persons relying on 1he document and could prevent ' h fraudulent removal and reattachment of fhis torm to another document. � � � Description of Attached Document �> �' Title or Type of Document: � �' bocument Date: Number of Pages: � '� Signer(s)Other Than Named Above: �; � �� Capacity(ies) Claimed by Signer � � SignePs Name: � . • �> �� ❑ Individual Top of thumh here � � ❑ Corporate Officer—Title{s}: �; � � Partner—�Limited ❑General � � ❑ Attorney-in-Fact ?� �S 0 Trustee � � � Guardian or Conservator � Other: � � Signer Is Representing: � ��`�'„�>��v�',�i>'eG��i;;�^�t:^��.��c;��::�"�'"�-<>�>�C:`�>�Czc4a:,�;�,:��c.�i�rti'e�:.�>��,>�'�1�v'�::�� 1999 Nalional Notary Assodalion•93 W De Sola Ava.,P.O.8ox 2402�ChalswaRh,CA 91313-2402�www.NalivnalNolary.o�q Protl.No.5907 Reorder:Call ToIFFree 1-B00-876�6627 �� ' NOTICE In accordance with the Terroxism Risk Insurance Act o£2002, �c�ve are provi.ding this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following connpanies (collectively the "Writing Companies"} as surety or S.nsurer: Western.Surety Company, Uni.versal Surety of America, Surety Bonding Coznpany of America, Continental Casualty Company, National Fire Insurance Campany of Hartford,Am.erican Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DTSCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certifieci under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT C?F TERRORISM L, OSSES The Uni�ed States will pay ninety percent(90%} o£covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 ; { CALI�QRNIA ALL-PURPOSE ACKN4WLEDGMENT �rHA ForAlt the CommitrnentsYouMake� State of California County of San Francisco On December 6 2005 before me, Thelma D. Dulay, Notar�Public Date NAME,71TLE OF OFFICER.,"JANE DOE,NOTARY PUBLIC" personally appeared Paul A. Kitchell NAME(S)OF SIGNER(S) (x� personaliy known to me—OR— (� provec! to me on the basis of satisfactory evidence to be the person(s)whose names{s) is/are subscribed to the within instrurnent and acfcnowledged to me that he/she/they executed the same in his/her/their�uthorized capacity(ies?, and that by his/her/tl�eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executecl the instrument. THELMA D. DULAY WITNESS my hand and official seal. � COMM.#1445217 Np'FARY PU9L1C�CALtFORNIA �,� � . SAN FRANCfSCO COUNTY Comrii,Exp,OCT.13,2D07 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 fr�udulene reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACf-iED DOCUMENT (� 1NDIVIDUAL Bond #929347556 {Faithful Performance Bond) (� CORPORATE OFFICER , Ponderosa Homes II, Enc. TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) {� LIMITED (� GENERAL 7hree Pa e�s(3) NUMBER OF PAGES (x}ATTORNEY-IN-FACT (�TRUSTEE(S) (_)GUARQIAN/CONSERVATOR {_}pTHER December 6, 2005 DATE OF DOCUMENT SIGNEft IS REPRESENTlNG: NAME OF PER50N(S) OR EN�ITY(IE5) � The Continental Insurance Company No Other Signers SIGNER(S) OTHER THAN NAlv1ED ABOVE G-107426-B i � . L ClTY OF P/�(,� DEg�R-� STANDAF7D FORM ' SUBDlVlSIOI�! PAYMBNT BOND (LABOR & MATERIALS) NAME �F SLIBDIVfSION:_` Tract��: 31490-I Gallery NAME OF Sli�SplVIDER: __ ponderasa Homes TI, Inc. ^ � _`_`..�_ _�_�----------- NAME O� Sl1�RETY: The Continental Insurance Company " ---------� �__, EFFECTIVE �fiATE: 12/Ob/2005 .�..�_-��_�_� AMOUNT QF BOND: �i,707,z19.00 ` BQND NUMB4�R: 9293/+7556 � ___— __.--------_.�__ _��,._.., PfiEM[UM: Included KNOW ALL MEN BY THESE pRESEfVTS; That the person, frm, corporation, eritity ar othen�vise, nam�d on Line 2 pt p��e 1 hereof without regard to gender and number, hereinaffier referred tp as PRfNCIPAL; and t�e corporation n��med an Line 3 of Pag� 1 hereof, a corporation autharized to do business in the State of Califomia and presently possessed of authority �nder Title 6 of fhe United States Code to do business under Section 6 to 13 ihereaf in the aggregate amounts hereoF, hereinafter referred to as SuRETY; are jointly and seVeCely held and firmly boutid unto and all m�terialmen, persons, companies or corpor�tions furrtishing materials, pravisions, provender ar other supplies used, in, upon, for ar about the perfprmance of the wo�k contracted ta be execuked or performed under the terms of that ee�tain SUBDIVISION 1 L;1Teir�plutcslLabor&Nlac�rials Bund Subdivision.doc , �� . � IMPROVEMENT AGREEMENT hereinafter mentipn�d and �!! persons, cQmpanies or corporations renting or hiring teams or implements, or mact,inery, for contributtng to said work ta �j� c�o�e, a�� persQns who p�rformed worl� or(abor upon the sam�, and all persons who suppEy bpth work and rnatet'ials, and w(�ase claim has noi been paid by PRINCIpAL in the just and fufl sum mentroned on Line 5 of Pag+� 1 hsreof for the payment whe�eaf, well and truly to be made, said PRINCIPAL �and SURETY bind themselves, their heirs, administrators, successors ar�d assigns,jointly and severally, firmly by�hesE presents. TH� C��ND�T��N OF TN� OBLlGA7i0N is such fhat whereas the above- bounden PRINCIPAL has entered info a SUBpJVJSION IMPRbVEMEIVT AGREEMENT with the Cify of Palm Desert, a municipai corparation of the State of California, h�reinafter r�ferred to �s CITY, for the constructior, af public improvemenfis in the subdivision named on Line 1 of Page 1 hereof, which s�id SUBDIViSIqN IMPRpVEMENT AGRE�MENT is by this re�erence incorporated �erein: NOW, THEREFORE, if the above-[aounden PRINCIPAL,, con�ractor, person, comp�any or corporation, nr his or its subcontractor ar subcontractors, fails to pay foi� any mate�ials, prQvisions, pravender, or #he supplies, or teams used in, upon, for, or about the performance of the woric contracted to be done, or for any wari: or labor done thereon afi any kind, ar For amounts due urlder the Unemploymenl� lnsurance Act with respect ta such work for tabor, SURETY on this bond wilE pay the same, in an amount nat exceeding the sum specified in this bond, and also�, in case suit is �rought on this bond, a reasonable a�torney's fee L;\Tcmp2atcclLal�pr��Matc�ials Aond Subdi�ision.dpc '. �: � 3 which shall t�e awarded by the caurt to the pr�va��g par#y�in said sui#, said attomey's fee to be taxed as casts in said suit and to be included �n the judgment therein r�nde�•�d. This bQnd Is executed and itf�d to compiy with the provisions of the Subdivisian Nf�p Act; and aU CfTY ordinance�, resolutians, ru[es and regula#i4ns i supplemen�al #herefo; and all amendments thereto; and shail inure to the benefit of arzy �nd al•I materiaimen, persons, companies or corp�rations entitfed to fife . cfaims und�r:�nd by virtue of the provisions thereof. 1N WI1'INESS WHEREOF, PRINCIPAL ANp SUFtETY have executed this instrument the- date menkioned on Line 4 of Page 1 h�reof. PRINCiPAL P (R NCIPAL � � The Continental Insurance Company ------�..�� SURETY '--"` �`—~�^-� /�7�1K`2�'Z�''�� _� SURETYpaul A. Kitchell, Attorney-In-Fact (Notarial ackr�owledgement of execution by ALL PRINCIPALS and SURETY must be attac#�ted,} L�11'emplaleslLahor&1,tetcri�ls BOn�!Subdivision.dnc � POWER OF AT'(' �'NEY APP011YTING llVD1VIDUAL ATT�'—�[EY-IN-FACT Know All Men By These Presents,Tfiat The Continental Insurance Company,a South Carolina corporation,is a duly organized and existing . corporation having its principai office in thc City of Chicago,and State of Illinois,and that it does by virtue of the signature and sea!herein affixed hereby make;constitute and appoint Paal A.Kitchefl,Lillian G.Hill,Thetma D.Dulay,Emily L.Newell,Inclividually of San Francisco,CA, its true and lawfui Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behaif bonds,undertaKings and other obligatory instruments of similar nature -in Unlirc►ited Amounts- and to bind them thereby as fully and to the same extent as if such ins[ruments were signed by a duly authorized officer of th�corporation and all the acts ' of said Attorney,pursuant to the authoriry hereby given is hereby ratified and con#irmed. This Power of Attorney is made and executed pursuant to and by authority ofthe By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Soard of Directors ofthe corporation. In Witness Wheraof,The Continental Insurance Company has caused these presents to be signed by its 5enior Vice Pcesident and its corporate seat to be hereto affixed on this 27th day of August,2005. ' "•••• The Continental Insurance Company ��,Z,1NS(��.�� :� '�* �n :o :;' �; :� � at �: •'�•••��-''�� Michael Gengler Senior ce President State of Illinois,County of Cook,ss: On this 27th day of August,2005,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a 5outh Carolina corporaCion,described in and which executed the above instrument;thaf he knows the seaI of said corporation;that the seal�xed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by ihe Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. .•..•..•.•.•.•.•.••.... � 'OKFICIAL SFAL' : • AIARfA 11i.AEOiNi► • . : Noe„y R,ab.sae�of tww+a � . _��L.�CiGt.IL�..i :6W comms,fon F.�pi�a a�1sNY; •��•��• My Commission Expires March 15,20U9 Maria M.Medina Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of'I'he Continental Ensurance Company,a South Carolina corporation,do hereby certify that the Po�ver of Attomey herein above set Porth is still in force,and further certify that the By-Law and Resolution of the Board of T�irectors of the corporation printed on the reverse hereof is still i force. In testimony whereof C have hereunto subscribed my name and affixed the seal ofthe said corporation this 1d'C� day of �y�w�-�-+. '�—oo$' . .•'�4'••••• The Continantal Insurance Company �sU •. qt� . � w..r ��'' 'rZ. 7�b �; a :� = �� • 1 +''•••�•�''� Mary A.R ika kis Assistant Secretary Form F6850-11/200t ` . ! CALIFOI�t�D1A ALL-PURPOSE ACKt+tlOWLEDGMENT ,�-... -.-,.-- . : .. . , - - .., . � . . . . � . .,;. .. ,. � . - . -�% �,c,ct'h;-^<c�`.cc,c�c.c�`.�c'-�c'�'.c^.c.,c�.c<`1ec'.r,c;cr-c�c'�^.e�>,c,.�>�.�cc?�;c'�.�,ce'.c�'.c�'�`��'�>c�`,cY>c�>ce',�,: � t � � � State of Cafifornia Z� �-f SS. t� county ot _ m,p� ('c_ �?, � � a � i1 ' � ,--� On � C,o �S before me, .��t hC'�'f' � � 2 t�t � ,� Date • Name and Tille W ONirer{e.g.,Jana Doe.Nota 'c� � �1 personally appeared � 1 C� ,;�� ' ,� �� 1,2_ � � Name(s)o�S�gnerys) �Cpersonafly known to me � � � proved Eo me on the 6asis of satisfactory � � � evidence �; � to be the person{s) whose name(s) islare �, �' subscribed to the within instrument and � �' acknowfedged to me that he/she/they executed � r� JANEi S.4YENIG the same in his/her/their authorized �j� fi> �� Commission# 16)1453 capacity(ies), and that by his/her/their �, �S d Notary Publtc-Colliom� � ' � ." signature{s)on the instrument the person(s),or � ��r�, Alomeda Couniy the enfity upon behalf of which #he person(s) MyCorrun,ExpiresOct26,2oQ9 acted, executed the instrument. �' � ifi, � WITNES my hand and official seal. � � ignature al ary P Ic � I � ,� > � `; � OPTIONAL ��; Though the inforrnalion 6elow is nOt required by law,it may prove vafuable to persons relying on the document and could prevent �} �(5 fraudufent remova!and reattachment of this form to another document ?� � S �? Description of Attached Document � � Title or Type of Document: � � Document Date: Number of Pages: �, �� Signer(s)Other Than Named Above: �jy � � Capaci#y(ies) Claimed by Signer � > `��' Signer's Name: ?�, � � , `.� � � ❑ Individual 7op ot thumb here i�' O Corporate Officer—Title{s): �j� � ❑ Partner—O Limited O General �j ❑ Attorney-in-Fact Z,�' � CJ Trustee � ❑ Guardian or Conservator ��' �S ❑ Other: � �> �, Signer Is Representing: �> , � � ��S<;��:^v�:.'�,;'�c>`�S;'�::''x;>,�,^c.^:C-�✓;�v�c!„'�.�„'�i;,�G.c;'��S�o`�%'v'�C.`c4�Gq.^„�.`C:t>�^t;'�4.'�.;�^�-c>'��=c:�,>�^✓::�.�cc:�.5'��> �1999 Nationdl NWdryAS50Cialian•935D dB Sop AvB.,P.0.8aK 24Q2•Cha[SWON7,CA 91313-2402•www.NetionaBJ0ldry.erg Prpd.Na.5907 Re0fd6r:Call TO11�FfeB 1•B00•B76•6827 , � t NOT�CE In accordance wzth the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies an which one or nnore of the Writing Companzes i.dentified below is the surety or insurer. To principals on bonds and insureds on certain insurance polieies written by any one or more of the following companies (collectively the "Writing Coxnpanies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Contznental Casualty Company, Natianal Frre Znsurance Company o�'Hartfoxd, American Casualty Conapany of Reading, PA, The Firemen's Ynsurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The prez�aium attributable to coverage for texxoxist acts certified under the Act was Zexo Dollars {$0.00). �ISCLOSURE OF FEDEftAL PARTICIPATION IN PAYMENT OF TERRORT � LOSSES The United States wzll pay ni.nety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 , , � ' i CAL[FORNIA ALL-PURPOSE ACKNOWLEDGMENT CN� ForAil theCommi�neataYwhlake' State of California County of San Francisco On December 6, 2005 before me,___._7helma D. Dulay, Notary Pubfic pate NAME,TIT�E OF OFFICER.,"JANE DOE,NOTARY PUBLIC" personally appeared Paul A. Kitchell NAME(5)OF SICNER(5} (x� personally known to me—OR—{� proved to me on the basis of satisfactory evidence to be the person(s}whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. �� THELMA D. DULAY � WITNESS my hand and officiaf seal. � COMM.#'t445217 ��:"� NOTAttY PUBLIC�CAL1FOflf1U► saN Fwwc�sco couNrr rra� �_ Comrr�.ExQ.OCT.13,2007 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the ciocument ancl could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AT7ACHED DOCUMENT (�) INDIVIDUAL Bond #929347556 (Payment Bond) t_,.)CORPORATE UFFICER Ponderosa Homes I! Inc. TlTLE OR 7YPE O� DOCUMENT (� PARTNER(S) (� LIMITED (_} GENERAL Three Pages(3) NUMBER OF PAGES (x�ATTORNEY-IN-FACT L}TRUSTEE(S) {_)GUARDIAN/CONSERVATOR (� OTHER December b 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(IES) � 1"he ContinentaE Insurance Company No Other Signers SIGNER(S) OTHER THAN NAMED ABOVE G-107426-B ^ Company Pro�le Page 1 of 2 Company Profile CONTINENTAL INSURANCE C4MPANY (THE) CNA 333 S. WABASH, 28TH FL. CHICAGO, IL 60685 500--262-4554 Agent for Service of Process JERE K.EPRTOS, C/O CT CORPQRATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 LJnable to Locate the A�ent foi•Service of Process`' Reference Information NAIC#: 35289 NATC Group#: Q218 California Compan.y ID #: 2270-7 Date authorized in California: January O1, 1978 License Status: UNLIMZTED-NORMAL Company Type: Property&Casualty State of Domicile: S�UTH CAROLINA Lines of�nsurance Authorized to `I'ransact The company is authorzzed to transact business within these]ines of insurance.For an explanation of any of these terms,please refer to the ]ossar . AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON C�iRRIER LIABILXTY CREDIT DISABILITY FIRE LIABILITY MARII�TE MXSCELLANEOUS " � http://interactive.web.insurance.ca.�ov/wehuser/idb_co prof utl.get co prof?p EID=6008 i0/13/2006 Compan.y Profile Page 2 of 2 PLATE GLASS SFRINKLER SURETY . TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Companv Enforceinent Action Documents � Company Perfor�nance& Compaz�son Data Composite Com.plaint St2�.dies Want More? Help Me Find a Com ap ny Representative in My Area Fina��cial Ratirz4 Oraanizatioris Last Revised-September 29,2006 02:03 PM Copyright�California Department of Insurance http://interactive.web.insurance.ca.�ov/webuser/idb co prof utl.get co prof?p EID=600$ 10/13/2006 � STATE OF CALIFORNIA DEPARTMENT 4F INSURANCE N4 0 8 0 0 9 sArr r�xArrclsco Amanded . Cer�ificate of Authority TC-IIS Z5 TO CERTIFY THAT,Pursuanr to the Insurance Code of the State of California, • ThE Continental Insurance Gompany of Co].umbia, South Carolina ,organized under the laws of Sou th Garo Lina ,subject to its Anicles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within the State,su6ject to all provisions of this Certifecate,the following clAsses of insurance: Fire, Marine, SureCy, Di.sability, Plate GZass� Liability, Workers' Compensatian, Cammon Carrier Liability� Bailer and Machinery, Burglary, Credi.t, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defcned in the Insurance Laws of the State of Califarnia. TH1S CER'I'tF[CA'i'E is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not rn violatiori of any,of the applicable laws and tawful requiremenrs made under aurhority of the laws of the State of California as long as such laws or requirements are in effect nnd applicable,and as such laws and requirements now are,or may hereafter be changed or amended. IAI WdTNESS WHEREOF,effective as of the 26 th dQy a f January , 2005 ,I have hereunto set nty hand ai�d caused my official seal to 6e affized this 26th dQy o f January 2005 , John Garamendi lnsurance Commissioner _ By ��r� Connie M. rry _ for Ri.chard D. Baum �,�c ChieF Deputy NOTICE: Qualification with the Secretary o€State must be accomplished as required by the Califomia Cocporations Code promptly after issuance oF lhis CertiHcate of Authority.Failure to do so will be a violation of Insurance Code Sec6an 701 and will be grounds for revoking this Ccrtificate of Authority pursuan[to the convenants made in the applieation thereFor and the conditions contained hereln. ruan+csa �osroo aa�m� City of Palm Desert ArcIMS Map Output Page 1 of 1 TRACT NO. 31494-1 VECINITY MAP _ . � ;�\ �.��y� ; �Q/ ��r1+��'4��., ''>Y!'� � r y��. �;�� ` m �'yo., ��Q. ;'�'� m � ;��: a, ""' °� 3PYDER ClR., �,��r .��r� �� , m �.._.,_..._tv_� � y �.�_.�._, i] hi Q z � ,� \.=i �..Z��, � � O „K "� ,4,C..�� `,��, �14..,,_m�,�-t�.� � < � ° ,m____._.�_._.._.__ .._,.------._..Y:_ G�'R `C�D�'�0 73lS77 ,,.,�,,.,..,,._�e.,.c�-~•-�--.,.. ,H� L:.4t2il.tif� � Y' '=.� i Y �'�i � i � � 4 �I y�` F : i , � g � .... 1 " � ,. �� , ........... �...r�..�-.. ... � � � �' � ��. �, F� ;�„—�'� ��C''�` � ' - � %� '�' ` ,��IT.T_iILT� a,�. � • ..... 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