HomeMy WebLinkAboutRelease Bond - TM31363 - Lomas de Arena, LP CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT .�
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REQUEST: Release Performance Bond for Tract Map 31363 0
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SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works � �
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APPLICANT: Lomas de Arena, L.P. U
18802 Bardeen Avenue c� j �
Irvine, CA 92612 �; � ..�
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BOND NUMBER.: SU5017320
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Arch Insurance Company z � �-'
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135 N. Robles Avenue, Suite 825 �
Pasadena, CA 91101 U r �
DAT • ,�� i-:-�.� eJ w
E. December 11, 2008 ! 7 �. I ..
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CONTENTS: Agreement and Performance Bond o � �� ;� � o ., � r.,,
Vicinity Map � � � :� Ey H H �
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Recommendation: ���__;�; r�; � ,°� � � p
By Minute Motion, authorize the City Clerk to release the Performance Bond
for Tract Map 31363.
Discussion:
At the time of permit issuance, Lomas de Arena, L.P. submitted a Performance Bond for
grading and offsite improvements. All improvements have been satisfactorily completed at
this time. A maintenance bond is not required because the projecYs improvements have
been completed for over a year and we have held the surety to date.
Therefore, staff recommends that City Council accept the work as complete, and release
the corresponding PerFormance Bond.
Prepared By: ,��rU� Dep Head:
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Christina Canales Mark Gree wood, P.E.
Assistant Engineer Director of Public Works
Approv ' .
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Homer Croy Carlos L. Orte
ACM for Develc�ment Services City Manager
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,� 73-510 FRED WARIhIG DRIVE
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� 5 PALM DESERT, CALiFORNIA 92260—�57H
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August 17, 2006 �=�W� `�'�
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Lamas De Arena, LP '��
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18825 Bardeen Avenue ' ;-_,
Irvine, Califarnia 92612
. Dear Sir or Madam:
Subject: Tract Map No. 313fi3 -Subdivision Improvement Agreement
At its regular meeting of June 22, 2006, fii�e Palm Desert City Council adopted Resolution
No. 08-94 approving the Subdivision Improvement Agreement for Tract Map No. 31363
and authorizing the Mayor to execute same.
Enclosed far your records is a fully executed copy of the subjec#agreement. If yau have
any questions or require any additional information, please do not hesitate to contact us.
Sincerely, -
RACHELL.E D. KLASSEN, CMC �
CITY CLERK
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Enclos���e (as nated)
cc. V .R. Page Garner, Senior Engineer/City Surveyor
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SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: SGP�E'~�aE2 2� , 20 aS.
NAME OF SUBDfVID�R: ��M A s 7�E A+�� , 1-.P,
{referred to as "SUBDIVIDER"). `
NAME OF SUBDNISION: £NC��v E Ga��aw.iN+u�s No. of Lots: �-
(referred to as "SUBDIVISION").
TENTATIVE MAP RESOLUTION OF APPROVAE. NO.: °y�2� (TM No:31_, 363}
�referred to as "Resolution of Approval")
IMPROVEMENT PLANS APPR�VED ON: ���+^� A��'R-�Y^L sr'�-1. ��''��N�•
(referred to as"Improvement Plans"}.
ESTIMATED TOTAL COST OF IMPROVEMENTS:$ �(a�, Z�'L � �a
ESTIMATED TOTAL COST 4F MONUMENTATION: � ?� ��• �
SURETY:
BOND NOS: S U Sb I'�3 2 p
SURETY: A�tc�t �Nsva�Nc� cc�w..pA.�y
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IRREVOCABLE STAND-BY LETTER OF CREDIT NO. ^�'`�
FlNANCIAL INSTITUTION: -
-OR-
CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: ^��
FINANCIAL fNSTiTUTION: �
This Agreement is made and entered into by and between the City af Palm Desert,a
municipal corporation of the State of California, hereinafter referred to as"CITY", and the
SUBDIVIDER.
RECITALS
RMPUB�DJEU597
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A. SUBDIVID�R has presented to CITY for approval and recordation, a final
subdivision map of a proposed SUBDIVISIUN pursuant to provisions of the Subdivisian
Map Act of the State of California and the CITY's ordinances and regulations relating to the
filing, approval and recordation af subdivision maps. The Subdivision Map Act and the
ClTY's ordinances and regulations relating to the filing, approval and recordation of
subdivision maps are coliectively referred to in this Agreement as the"Subdivision Laws".
B. A tentative ma�Z of tha SUBDIVfSION has been appraved, subject ta the
Subdivision Laws and to the requirements and conditions contained in the Resolutian of
Approval. The Resolution of Approval is en file in the Office of the City Clerk and is
incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a
final map that SUBDIVIDER must have cornplied with the Resolution ofApproval and must
have either(a)completed, in compliance with CITY standards, ail of the improvements and
land development work required by the Subdivision Laws or tt�e Resolu�ion of Approval or
(b) have entered inta a secured agreement with CITY to complete the improvements and •
land development within a period of time specified by CITY.
D. In consideration of the approvaf of a finaE map for the SUBDIVISION by the
City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER
promises to install and complete, at SUBDIVIDER's awn expense, all the pub(ic
improvement work required �y CITY in connection with the praposed SUBDIVISION_
SUBDIVIDER has secured this Agreement by improvement security required by the
Subdivision Laws and approved by the City Attorney.
RMPU8IDJE\1597 -2_ -
E. Camplete Improvement Plans for the construction, ir�stallatian, and
completion ofthe improvements have been prepared by SUBDIVIDER and approved bythe
City Engineer. The Improvement Plans numbered as referenced previously in this
Agreement are on file in the Offir.e of the City Engineer and are incorporated into this
Agreement by this reference. All references in this Agreement to the Improvement Plans
shall include reference to any specifications for the improvements as approved by the City
Engineer.
F. An estimate of the cost for constructian of the public improvements and
perfarming land development work in connection with the impravements according to the
Impravement Plans has been made and has been approved by the City Engineer. The
estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is
attached as Exhibit"A"to this Agreement.
G. CITY has adopted standards for the construction and installation of
improvements within the CITY. The Improvemenfi Plans have been prepared in
conformance with CITY standards in effect on the date of the Resolution of Approval. -
H. All public improvement monuments, street signs, and stakes as specified on
the fina[ map are to be completed prior to final farmal acceptance by the City Council.
Individual property monuments must be installed within one year from the formal final
Council acceptance of said SUBDIVISlON. �
l. SU BDIVI DER recognizes that by approval of the final map for SUBDIVISION,
CITY has conferred substantiaE rights upon SUBDIVIDER, including#he right#o sell, lease,
or f nance iots 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#o commence construction of ine improvements by the time sstablished in this
xmcrus�rE�is� _�_ _
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Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement
and law in the event of a default by SUBDIVfDER. It is specifrcally recognized that the
determination of whether a reversion to acreage or rescission of the SUBDIVISION
constitutes an ades�uate remedy for default by the SUBDIVIDER shall be within the sole
discretian of CITY.
NOW, THEREFORE, in consideration of the approval and recardation by the City
Council of the final map of th� SUBDIVISION, SUBDIVIDER and CITY agree as follows:
(1) SUBDIVIDER's Oblipation to Construct Improvements.
SUBDIVIDER shall:
(a) Comply with all the requirements of the Resolution of Approval, and
any amendments thereto, and wi�the provisions of the Subdivision Laws.
{b) Complete at SUBDIVIDER's awn expense,all the public improvement
work required by the Resolution of Approval in conformance with approved Improvement
Plans within one year from date of execution af this Agreement; provided however,that the
improvements shall not be deemed to be completed unfil accepted by City Council as �
provided in Section (17} herein.
(c} Fumish the necessary materials for completion of the public
improvements in conformity with #he Impravemen# Plans.
(d) Acquire, or pay#he cost of acquisition by CITY, and dedicate aFl rights-
of-way, easements and other interests in real property for construction and installation of
the public improvements, free and clear of all liens and encumbranc�s. The
SUBDlVIDER's obligations with regard to acquisition by CfTY of off-site rights-of-way,
easements and other interests in real property shall be subject to a separate agreement
between SUBDIVIDER and CITY. SUBDIVIDER shal!also be responsible for pbtaining any
RMPUBIDJE\1597 -4- _
public or private sanitary sewer, domestic water, drainage, and/or u#ility easements or
autho�izatian to accommodate the SUBDIVISIQN.
{e) Commence construction of the improvements by the time established
in Section(22}of this Agreement and complete the improvements by fihe deadline stated in
Secfion (1)(b) above, unless a time extension is granted by the CITY as authorized in
Section (22).
(fl Install aff SUBDIVISION public improvement monuments requi�ed by
law and prior to formal final acceptance of the public improvements by CITY. individual
property monuments shal( be installed within one year of said acceptance.
(g) Instali street name signs conforming to CfTY s#andards. Permanent
street name signs shall be installed before acceptance of the impravements by CITY.
(2) Acquisition and Dedication of Easemet�ts or Rights-of-Way. If any of the
public improvement and land use development wark contemplated by this Agreement is to
be constructed or installed on land not awned by CfTY or SUBDIVIDER, no construction or
installation shall be commenced before: �
(a} The offer of dedication to CITY of appropriate rights-of-way,
easements or other interests in real property, and appropriate autharization from the
proPerty owner to allow constructian or installation of the impravements or work, or
(b) The dedication to, and acceptance by, CITY of appropriate rights-of
way, easements or other interests in real properiy, as determined by the City Engineer, or
(c) The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects
with the order of possession.
�uB����s9� -5-
Nothing in this Sectian(2)shall be canstrued as authorizing or granting an extension
af time to SUBDIVIDER.
(3) Securit . SUBDIVIDER shall at all times guarantee SUBDIVlDER's
pertormance 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 faithfui performance of this Agreement in regard to said
improvements in an amount of 10Q% of the estimated cost of the improvements; and
(b) to secure payment to any contractor, subcontractor, persons renting
equipment, ar furnishing labor and materials for the improvements required to be
constructed and instalied pursuant to this Agreement in the additional amount of 50%of the
estimated cost of the improvements; and
(c) to guarantee or warranty the wark done pursuant to this Agreement for
a period of one year following acceptance fhereof by CITY against any defecti�e work or
Eabor done or defective materials furnished in the additianal amount of 10% of the •
estimated cost of the improvements; and
(d) SUBDIVI DER shall also furnish to CITY good and sufficient security in
the amounfi of one hundred percent(100%)of the estimated cost of setting SUBDIVIStON
monuments as stafied previously in this Agreement in Secti�n(1)(fl for a period of one year
plus thirty (30) days from formal acceptance by the City Council.
The securities required by fihis Agreement shall be kept on file with the City Clerk.
The terms of the securiry documen#s referenced on page 1 of this Agreement are
incorporated into this Agreemenf by this reference. If any security is replaced by anofher
a�us�.r�is9� _6_
approved security, the replacement shall: 1)comply with all the�equirements for security in
this Agreement;2) be provided to the City Engineer to be fifed with the City Clerk and, upon
filing, 3} shall be deemed to have been made a part of and incorpora#ed into this
Agreement. Upon provision of a replacement security with the City Engineer and filing of a
replacement security with the City Clerk;the former security may be released.
(4) Alterations to Improvement Plans.
(a) Any changes, afterations or additions to the Improvement Plans not
exceeding ten percent(10%}of the original estimated cost of the improvements,which are
mutually agreed upon by CITY and SUBDIVIDER, shall nat relieve the improvement
security given for fai#hful performance of this Agreement. !n #he event such changes,
alterations, or additions exceed 10% of the ariginal estimated cast of the improvement,
SUBDIVIDER shall provide imprav�ment security for faithful perfarmance as required by
Section(3)of this Agreement for one hundred percent{100%)of the total estimated cost of
the imArovemen#s as changed, altered, or amended, minus any completed partial releases
aflowed by Section (6) of this Agreement. �
(b} The SUB�IVIDER shall construct the improvements in accordance
with CITY s#andards in effect at the time of adopfion of the ResoEution of Approval. CITY
reserves the right to modify the standards applicable to the SUBDIVISION ancE this
Agreement, when necessary to protect the public safety or welfare or comply with
applicable state or federai kaw or CITY zoning ordinances. If SUBDIVIDER requests and is
granted an extension of time for comp�etion of the improvements, CITY may apply the
standards in effect at the time of#he extension.
RMPUBID.{E\I597 -'�- ..
(5) Inspection. SUBDIVIDER shall a#all times maintain prop.erfacili6es and safe
access for inspection of the public improvements by CITY inspectors and to the shops
wherein any work is in preparation. Upon completion of the work, SUBDIVlDER may
request a final inspection by the City Engineer, or the City Engineer's authorized
representative. If the City Engirteer, or the designated representative, determines that the
work has been completed in accordance with this Agreement, then the City Engineer shall
ce�tify the completion of the public improvements to the City Council. No improvements
shall be finally accepted by the City Council unless afl aspects of the work have been
inspected and campleted in accordance with#he Improvement Plans. When applicable law
requires an inspection to be made by City at a particufar sfage of the work of canstructing
and installing such improvements, C(TY shall be given timely notice of SUBDIVIDER's
readiness for such inspection and SUBDIVIDER shall nat proceed with additional work until
the inspectian has been made and the work approved. SUBDIVIDER shall bear afl costs of
inspection and certifcation. No improvements shall be deemed comp{eted until accepted
by the City Council pursuant to Section {17) herein. �
(6) Release of Securities. The securities required by this Agreement shall be
released as fo{IowiRg:
(a) Security given for faithful perforrnance of any act, obligation, work or
agreement sha[I be released upon the final completion and acceptance of the act or work,
subject#o the pravisions of subsection {b} hereof.
(b) The City Engineer may release a par�ion of the securi#y given for
faithful pertormance of improvement work as the impravement 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 totaf improvement security given far
TLMPUBWJH11597 _8_
faithfui performance of ti�e improvement work and that the security shall not be reduced to
an amount less than fifty percent(50%)of the total improvement security given for faithful
performance until fina! compfetion and acceptance of the improvement work. In no event
shafl the City Engineer autharize a refease of the improvement security which would reduce
such security to an amount beiow that required to guarantee the completion of the
impravement work and any o�her obfigation imposed by this Agreement.
(c} Security•given to secure payment to the contractor, his or her
subcontractors and ta persans iurnishing labor, materials ar equipment shall, at six (6)
months after completion and acceptance of the work, be reduced to an amount equal to no
iess than 125% of the total claimed by all claimants for wham liens have been filed and of
which notice has been given to the CITY, pius an amount reasonably determined by the
City Engineer to be required to assure the performance of any other obligations secured by
the Security.The balance of#he security shall be released upon the settlement of all claims
and obligations far 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 fled during the
warranty period have been settled. As provided in Section {10), the warranty period shall
not commence until farmal final acceptance of aii the work and improvements by the City
Council.
(e) CITY may refiain from any security released, an amount suffrcient to
cover costs and reasonable expenses and #ees, including reasonable attorneys' fees.
(7) Iniu�v to PubEic Impravements. Pubfic Property or Public Utilities Facilities.
SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, al!
pubfic improvements, public utilities facili#ies and surveying or subdivision monuments
RMPUB�DJE�1597
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which are destroyed or damaged as a result of any work under this Agreement.
SUBDIVIDER st�all bear the entire cost of replacement or repairs of any and all public or
public utility property damaged ar des#royed by reason of any work done under this
Agreement,whethEr such property is owned by the United States or any agency thereof,or
the Sta#e of California, or any agency or political subdivision thereof, or by CITY or any
public or private utility corporation or by any combination of such owners. Any repair or
replacement shall be#o the satisfaction, and subject to the approval, of the City Engineer.
(8) Permits. SUBDIVlDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licer�ses for the consfiruction and installation of the improvements,
give all necessary notices and pay all fees and taxes required by law.
(9) Defauit of SUBDIVIDER.
(a} Default of SUBDIVIDER shall include, but not be limited to,
{1) SUBDIVfDER's failure to timely commence construction of this
Agreement;
(2) SUBDfVIDER's failure to timely complete ca�struction of the �
� improvements;
(3} SUBDIVIDER's failure to tfinely cure any defect in the
improvements;
(4)SUBDIVID�R's failure to perform substantial construction work for
a period of twenty (20) calendar days after commencement of the work;
(5) SUBDIVIDER's insolvency, appointmentofa receiver,orthe filing
of any petition in bankruptcy either valuntary or involuntary which SUBDIVIDER fails to
discharge within thirty (30} days;
RMPUB�D]E11597 -10-
(6) the commencemen# of a foreclosure action against the
SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of
foreclosure; or
(7) SUBDIVIDER's failure to perfarm any other obligation under this
Agreement.
(b) CITY reserves to itself all remedies avai(able to i#at law or in equity for
breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right,
subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's
damages in event of def�uft by SUBDiV1DER. The right of CITY to draw�pon or utilize the
security is additional to and nat in fieu of any other remedy available to CITY. It is
specifically recognized that the estimated costs and security amounts may not reflect the
actuai cost of construction or installation of the improvements and, therefore, CITY's
damages for SUBDIVIDER's default shal! be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be used by
CITY for the completion of the pubiic improvements in accordance with the improvement •
plans and specifications contained herein.
In the event of SUBDIVIDER's default under this Agreement, SUBOIVIDER
au#horizes CITY fia pertorm stach obliga#ion twenty{20}days after mailing written notice of
default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of
such performance by CITY.
CITY may take over the work and prosecute the same to completion, by contract or
by any other methad CITY may deem advisable, for the account and at the expense of
SUBDIVfDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or
damages occasioned CITY thereby. In such event, CITY,without iiability for so doing,may
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take possession of, and utilize in completing the work, such materials, appliances, plants
and othe� properiy b�longing to SUBDlVlDER as may be on the site of the work and
necessary for performance of the work.
(c} Failure of SUBDIVID�R to comply with the terms of this Agreement
shall constitute consent to the filing by CITY of notice of violation against all the lots in the
SUBDIVISION, or to rescind the approva[ 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 avaiiabfe to CfTY. 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 pertorm any obliga#ion
hereunder, SUBDIVlDER agrees to pay all costs and expenses incurred by CITY in
securing pertormance of such obligations, including but not limited to fees and charges of
. architects, engineers, attorneys, other professionals, and court costs.
(e) The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be cons#rued as a waiver of that default or breach �
or any subsequent default or breach of SUBDIVIDER.
('!0) Warran . SU BDlVIDER shafl guarantee or warranty the work done pursuant
ta this Agreemen# for a period of one year after fnal forrnal acceptance of the
SUBDIVISION by the City Council against any defective work or labor done or defective
materials furnished. If wi#hin 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 requiremen�s of this Agreement or the improvement plans and
specifications referred to herein, SUBDIVIDER shall without delay and without any cost to
CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
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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 defauit to SUBDIVIDER and ta
SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs or replacements ta be made before
SUBDIVIDER can he notified, CITY may, in its sole discretion, make the necessary repairs
or replacement ar pertorm th�necessary wark and SUBDIVIDER shall pay to CITY the cost
of such repairs.
(11) SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of
SUBDIVIDER's agents, contractors or s�bcontractors are or shall be considered to be
agents of CITY in connection with the perfarmance of SUBDIVIDER'S obfigations under
this Agreement.
(12) Injury to Work. Untif such time as the improvements are accepted by CITY,
SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements
constructed ar instailed. Until such time as a11 impravements required by this Agreement �
are fully campleted and accepted by CITY, SUBDIVIDER will be responsible for the care,
maintenance of, and any damage to such improvements. CIT`( shall not, nor shall any
officer or employee thereaf, be liable or responsible for any accident, loss or damage,
regard�ess of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and accep#ance of the work or improvements. All such
risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
(13) Environmental Warrantv. Prior to the acceptance of any dedications or
improvements by CITY, SUBDIVI DER shall certify and warrant that neifher the property ta
be dedicated nor SUBDIVIDER is in vialation of any environmental law and neither the
RMPUB�D)E\1597 -]_3- -
property fo be dedicated nor the SUBDIVIDER is subject to`' any existing, pending or
threatened investigation by any federal, state or locaf governmental authority under or in
connection with environmental law. Neither SUBDIVIDER nor any third party will use,
generate, manufacture, produce, or release, on, under, or about the property to be
dedicated, any hazardaus substance except in compliance with all applicable
environmental iaws. SUBDIVI�ER has nat caused or permitted the release of, and has no
knowledge of the release or presence of, any hazardous substance on the properiy to be
dedicafed or the migration of any hazardous substance from or to any other praperty
adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and
present use of the property to be dedicated has not resulted in the release of any
hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt
written notice to CITY at the address set forth herein of:
(a) Any proceeding or investigation by any federal, state or local
governmental authority with respect to the presence of any hazardous substance on the
property to be dedicated or the migration thereof from or to any other property adjacent to, �
or in the vicinity of, the property to be dedicated;
(b) Any claims made or threatened by any third party against CITY or the
prope►ty to be dedicated relating to any loss or injury resulting from any hazardous
substance; and,
(c) SUBDIVIDER's discovery of any occurrence or conditian on any
property adtoining in the vicinity of the property to be dedicated that could cause the
properfiy to be dedicated or any part thereof to be subject to any restrictions on its
awnership, occupancy, use for the purpose for which is it is intended,transferability or suit
under any environmental law.
tu�must�.r��is9� —14— -
(14) OtherAqreements. Nothing contained in#his Agreement shall preclude CITY
from expending monies pursuant to agreements concurrently or previously executed
between the par#ies, or from entering into agreements with other subdividers for the
apportionment of costs af water and sewer mains, or other improvements, pursuant to the
provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement
commit CITY to any such apportionment.
(15} SUBDIVIDER'S•Obligatian to Warn Public Durinq Construction. Until formal
final acceptance ofthe improvements,SUBDIVlDER shall give good and adequatewaming
to fihe public of each and every dangerous condition existent in said improvements,and will
take all reasonable actions to protect the public from such dangerous condition.
{16) Vesfiing of Ownership. Upon formaf final acceptance of the work by CITY and
recordation of the Resolution of Acceptance of Public Improvements, ownership of the
improvements constructed pursuant to this Agreement shall vest in CITY.
{17) F'inal Acceptance of Work. Acceptance of the work on behalf of CETY shall be
made by the City Council upon recommendation of the City�ngineer after finak 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 campleted, 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 praperty occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents, or employees,contractors and subcontractors in the
pertormance of this Agreement.SUBDIV{DER further agrees to protect, defend, indemnify
and hofd harmless CITY, its officials, boards and cammissions, and members thereof,
RMPUBIDJE\1597 -1 cJ-
agents and employees from any and all claims, demands, causes af action, liability or loss
of any sort, because of, or arising out of, acts or omissions of SUBDIV(DER, its agents,
employees, contractors and subcontractoFs in the performance of this Agreement, except
for such claims, demands, causes of ac#ion, liability, or loss arising out of the sole ac6ve
negligence of the CiTY, its officials, boards, commissions, the members thereof, agents,
and empioyees, including ali claims, demands, causes of action, liability, or loss because
of, or arising out of, in whale or in part, the design or canstruction of the improvements.
This indemnification and agreement to hold harmless shafl sxtend to injuries fo persons and
damages or taking of property resulting from the design or construction of said
SUBDIVISION, and the public improvements as provided herein, and in addition, to
adjacent property owners as a consequence ofthe diversion ofwaters fram the design and
construction o# public drainage systems, streets and other public improvements.
Acceptance by CITY of the improvements shall not constitute an assumption by CiTY of
any responsibifity for any damage or taking covered by this Section. CITY shall not be
responsible for the design or construction of the properly to be dedicated or the -
� improvements pursuant to the approved improvement plans or map, regardless of any
negligent action or inaction taken by CITY in approving the plans or map, unless the
particular improvement design was specifically required by CITY over written objectifln by
SUBDIVIDER submitted to the City Engineer before approval ofthe particular improvement
design,which objection indicated that the particular improvement design was dangerous or
defective and suggested an alternative safe and feasible design.
After acceptance of the improvements, the SUBDIVIDER shall remain
obligated to eliminate any defect in design or dangerous condifiion caused by the design or
construction defect; however, SUBDIVED�R shafl not be responsible for routine
RMPUB\DJEU597 -16- _
maintenance. Provisions of this Sectian shall remain in full force and effect for ten (10)
years fallowing#he acceptance by CITY of the improvements. It is the intent of this Section
that SUBD1VfDER shall be responsibie for all liability for design and construction of the
improvements installed orwaric done pursuant to this Agreement and#hat CITY shall not be
liable for any negligence, nonfeasance, misfeasance or malfeasance in approving,
reviewing, checking, or inspecting any work or construc#ion. The improvement security
shall not be required to cover•the provisioris of this Section.
SUBDIVIDER shafl reimburse CITY for all costs and expenses {including but not
limited to#ees and charges of architects,engineers, attorneys, and other professionals,and
court costs) incurred by CITY in en#orcing the provisions of this Sectian.
(19) Personal Nature of SUBDIVtDER'S ObEigations. All ofSUBDIVlDER's
obligations under this agreement are and shall remain the personal obEigations of
SUBDIVIDER notwithstanding a transfer of all or any part of the property within the
SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitfed to assign
its obligations under this Agreement to any transferee of all or any part o#the property �
within the SUBDIVISION or to any ather third party without the exp�ess written consent of
CITY.
(20) Sale or Disposition of SUBDIVISION. Sefler ar other SUBDIVIDER may
request a novation of this Agreemen#and a substitution of security. Upan approval of the
novation and substitution of securities, the SUBDIVIDER may request a release or
reduction of the securities required by this Agreement. Nothing in the novation shall relieve
the SUBDIVIDER of the obligations under Section (18) for the work or improvement done
by SUBDIVlDER.
RMPUBIDJE11597 -�7-
(21) Time of the Essence. Time is of the sssence En the pertormance of this
Agreement.
(22) Time #or C�mmencement of Work; Time Extensions. SUBDtVIDER shall
cammence substantial construction of the improvements required by this Agreement not
later than six(6) months after the da#e of this Agreement. In the event good cause exists
as determined by the City Engineer, the time for commencement of construction or
completion of the improvements hereunder may be extended for a period ar periods not
exceeding a#otal of two (2) additional ysars. The extension shali be executed in writing by
the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's
surety and shall not affect the validity of this Agreement or refease 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 af work, resulting from an act of CITY,act of
God, or by storm or inclement weather, strikes, boycotts or similar pofitical actions which
prevents the conducting of work,which SUBDIVIDER could not have reasonably foreseen '
and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute
good cause for and extension of the time far completian. As a condition of such extension,
the City Engineer may require SUBDIVIDER to furnish new securEty guaranteeing
pertormance of this Agreement as extended in an increased amount as necessary to
compensate for any increase in construction costs as determined by the City Engineer.
(23) No Vestinq of Ri�hts. Performance by SUBDIVIDER of this Agreement shall
not be construed to vest SUBDIVf DER's rights with respect to any change in any zoning or
building law or ordinance.
RMPU61DJE11597 -1$-
(24) Notices. All natices required or provided for under this Agreement shall be in
writing and delivered in person or sent by mail, postage prepaid and addressed as provided
in this Section. Notice shall be effective on the date it is delivered in person,ar,if mailed, on
the date of deposit in�he United States mail. Notices shall be addressed as fallows unless
a written change of address is filed with the City:
Notice to CITY: City of Palm Desert
73-5'!0 Fred Waring Drive
� Palm Desert, California 92260
Attn: Public Works Director
Notice to SUBDIVIDER: Lom�s n� �0.c+�+1, L•r'-
1 8 zs� a n�.4��� �.��
-z�vtNE� C11 q2 �t2
No�ice ta SURETY: ��c�t s�vs�AA,.,CE co�n't PAN Y
i�,s rJ. 2a s�,E s Av�.. ,st� 82s--
��S,Ha�11, c,,� 411ot
{25} Compliance With Laws. SUBDiVIDER,its agents,employees,contractors
and subcontractors shall comply with a!I federal,s#ate and local laws in the performance of
the improvements and land devefopment work required by this Agreement.
(26) Severabilitv. The provisions of this Agreement are severable. lf any portion �
of this Agreemer�t is held invalid by a cour#of competent jurisdiction, the remainder of the
agreement shalf remain in full force and effect unless amended or modified by the mutual
consent of the parties.
(2�) Captions. The captions of this P�greement are far convenience and reference
only and sha!{ not define, explain, modify, limit, exemplify, or aid in the interpretation,
construction or meaning of any provisions of this Agreement.
RMPUB1D3E11597 _19-
(28) Litiga�on or Arbitratian. In the event that suit or arbitration is brought to
enfarce the terms of#his Agreement, the prevaifing party shall be entitled to litigation costs
and reasonabfe attorneys'fees.
(29) Incorporation of Recitals. The recitals to this Agreement are hereby
incorporated into in the terms of this Agreement.
(30) Entire Aqreement. This Agreement constitutes the entire agreement of the
parties with respect to the subj�ect matter. All modifications,amendments,or waivers of the
terms o#this Agreement must be in writing and signed by the appropriate representatives of
the parties.
{31) fnterpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California.
(32) Jurisdictian. Jurisdiction of all disputes over the terms af this Agreement shall
be in the Gounty of Riverside, State of California.
///
IlI �
///
lll
RMPUB�D1EV597 -2 O- .
T ' - I '
I N W! ESS WHERE�F, this Agreement is executed by the parties as of the date
hereinabove fi �erritten; by CITY, by and through i#s Mayor.
C PA ESERT
IVIDER
V;tr� !L�' ��r 5�R�.s' Q&G�
- � } 1 ��vP
/J�6-l' By:
B IVIDE
(Proper Notarization of
SUBDIVlDER's signature is
required and shall be attached)
- ATTEST:
TY LERK
APPROV S TO F�RM:
CI A NEY
����
V! kQiA
Aly Co,
ItMFUB1DIE\F597 —21—
ALL-PURPOSE ACKNOWLEDGMENT
State of California ^
Counry of
Dre�.�� SS.
On ��I✓, �� z ,���� before me, � �t�..��(.�t`e'L'I , ►��� ,
(DATEI 07ARYi
personally appeared � o t�P� � � �l h�,��
SIGNER(S)
�rsonally lcnown to me - OR - ❑ proved to me on the basis of satisfactory
evidence to be the person(�}-whose name�s�
is/are sabscribed to the within instz'ument and
acknowledged to me that he/�hey executed
the same in his/kre�r�`Hrcrr authozized
fIKE TOOIEY �
� Comm,p1327744 capacity(i�.s-�-, and that by his/h�ki.e.i�
NOTARY PUBLIC•CALIFORNIA �) signatures(-s� on the instrument the person�),
Countr ol Orange
�Ny CoMm.E�pire�Nor,17,2045"' OT' t�8 entity upon behalf Of W�11Cf1 ��0
person(s� acted, executed the instrument.
zoa r
�'13 44 f�
BUC•C ANtA u'
y o-f Or e '�
a�res H z�,zaoe µ VVITNESS my hand and official seal.
, NOTARY'S SIGNATUR
OPTIONAL INF4RMATION
The information below is not requirad by law. However, it could prevent fraudulent attachment of this ac�Cnowl-
edgmeat to an unauthorized document. •
CAPACI7'Y CI�AIMED BY SIGNER {PRINCYPAL) DESCRIPTION OF ATTACHED DOCUMENT
� INDIVIDUt�L )�ll�i S►c�,� ��J�(>J�C1L-�'
� CORPORATE OFFICER �n�i(����.�.
_�
ITLE OR TYPE pP pOCUMENT
TITLE(S)
� PARTNER(S) 7' �
� ATTOI2IVEY-IN-FACT NUMBER OF PAGES
[� TRUSTEE(S) G ��� j (-�
�✓
[� GIJARDIAN/CONSERVATOR
DATE OF DOCUMENT
[� OTHER:
OTi-IER
d
d
SIGNER IS REPRESENTING: RIGHT THUMBPRINT �
NANIE OF PERSONISI OR ENTFI'Y(iES� OF �
a
STGNER �
a
�
APA 51'99 VALLEY SiERRA, 500-362-3369
��'�T� ` ` �.ITY QF PALM ��..�ERT ?
. � �
73-510 Fred Waring Drive
Palm Desert, California 92260-257$ � � y � � � T 'Ay
Tel: 760 346-Ofi11 Fax: 760 341-7p98 -
infoCcDoalm-desert.orp `
BONDS AND FEES SUMMARY
PROJECT: _ PP 03-06 LOMAS DE ARENAS AP7S. (SARES REGIS) DATE: September 7, 2005
BONDS
Faithful PerFormance . . . . $ 965,202.00 .
Labor and Materials . . . . $ 482,601.00
TOTAL BONDS $ 1,447,803.00
_ REFUNDABLE CASH DEPOSlTS
PM1� . . . . . $ 53,000.00 �
TOTAL DEP4SIT � 53,800.00
FEES
Plan Check . . . . . $ 1,649.00
Inspection . . . , . $ 12,5Q2.00 �
Signalization . . . . . $ 96,OQ0.00
Drainage . . . . . $ 26,500.00
F�nged Toed Lizard . . . . $ 15,90Q.00
Transportation Uniform Mitigation Fee (T.U.M.F.} . Collected By Bldg&Sfty
Miscellaneous . . . . . N/A
TOTAL FEES $ 72,551.00
Prepared By: BENJAMIN D. EGAN Checked By: R. PAGE GARNER
. , , i
� � ( _
1
C1TY�F PALM DESERT
STANFJARD FORM
SUBDIVISION
FAITHFUL PERFORMANCE B�ND
NAME OF SUBDIVISION: Enclave Condaminiums Tract 31363
NAME OF SUBDIVIDER• Lomas de Areria, L.P.
NAME OF SURETY: Arch Insurance Company
EFFECTlVE DATE: September 20, 2005
AMOUNT�F BOND: $965,202.00
BOND NUMBER: SU5017320
PREMIUM: $19,304.00
KNOW ALL MEN BY THESE pRESENTS: That the person, firm,
carporafion, entity, or otherwise, named on line 2 above, without regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of
California and presently possessed of authority under Title 6 of the United States
Code to do business under Sections 6 to 13 thereof, in the aggregate amaunts
hereof, hereinafter referred to as SURETY, are jointly artd severally held and -
firmly bound unto the City of Palm Desert, a municipal corporation of the State of
CaEi€ornia, hereinafter referred to as C{TY, in the sum mentioned on Line 5
above, far the faithfuE performance of that cer�ain SUBDIVISION
IMPROVEMENT AGREEMENT between PR4NCfPAL and CITY regarding the
subdivision named on Line 1 above, as required by the provision of fhe
Subdivision Map Act and CI7Y ardinances, resolutions, rules, and regulations, for
,• - , .
2
the paymen#of which sums well and truly to be made, PRINCIPAL and SURETY
hereby bind themselves, their heirs, administrators, executars, successors and
assigns,joinUy and severally, firmly by these presents.
The candition of the foregoing obligation is such that if the said
PRINCIPAL shal! faithfuHy perform the covenants, conditians, and agreements
contained in that csrtain SUBDIVISION IMPROVEMENT AGREEMENT between
PRiNCIPAL and CIN regarding the subdivision named on LINE 1 of Page 1
hereof, which said agreement is by this reference incorporated herein, on its part
to be kept and performed, in a manner and form therein specified, and shall
furnish material in compliance with the speciflcations and perform a�l that certain
work and improvement in said CITY which is more particularty described in said
SUBDIVISION IMPROVEMENT AGREEMENT, then the obligaaon with respect
to the faithfu! pertarmance is by this reference 9ncorporated he�ein.
The said SURE7Y, for value received, hereby stipulates and agrees that
no change, e�ctension of time, alteration or addition to the terms of the
SUBD1VfSION IMPROVEMENT AGREEMENT or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect '
its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the SUBDIVISION
iMPR4VEMENT AGREEMENT, the work, the specifications ar any feature or
item of perFormance thereunder. In the event it becomes necessary far CiTY to
bring an action to enforce this bond, SURETY shail pay CITY's reasonable
attomey's fees and court costs in connection therewith.
3
IN WITNESS WHEREOF, PRINGIPAL and SURETY have executed this
instrument on�the date mentioned on Line 4 of Page 1 here�af.
Lomas de Arena, L.P.
PRINCIPAL
S�� F�t��'t:.k�°�
PRINCIPAL
SURETY
Arch Insurance Company
SURETY
� �
Jeri Apo aca, Atto ney in Fact
(Notariaf acknawledgement of execution by ALL PRINCIPALS and SllRETY
must be attached.)
Lomas de Arena L.P.
a Detaware limited partnership �
By: SRG Lornas,L.P.
a California limited partnership
By: Regis Homes,LLC
a California limited liability company
Its: General parMer
By: Regis Homes,L.P.
a California limited partnership
Its: Sole member
By: Regis Con#ractors,Inc.
a California corporation
Its: General partner
.�
By:
William , ormahlen
Its: Vice President
jmcdade/loansltyrone/srgcert
1 �
' CALIFORNIA ALL-PUR�O5L AC OWLEDGMENT � " No.ssa�
S#ate of California
County of Orange .
On September 20, 2005 before me, G.L.Reza,Notary Public
,
DATE NAME,TI7L,E OF QFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personafly appeared Jeri Apodaca ,
, NAME{S)OF SIGNER(S)
� persanally known to me-OR- ❑ praved to me on the basis of satisfactory evidence to be the persan{s)
whose name{s} is/are sui�scribed to the wi#hin 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
�. �. REZA behalf of which the person(s) acted, executed the instrument.
� Q COMM. #1395003 �
• NOTARY PUBLIG-CALIFORNIA o
� ORANGE COUNTY ru
�I My Com�n,E,cp�a�n.21.2007_�[
l r WITNES my and d official seal.
S! TURE OF NOTARY
� OPTI�NAL
�'haugh the Qafa below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachmenf of this form.
CAPACITY CI�AIM�D BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDI�AL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUM�NT
TITLE(S)
❑ PARi'NER(S) 8 LIMiTED -
GEN�RAL
� ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SEGNER!S REPRESENTlNG: DATE OF QOCUMENT
NAME OF PERSON(S)OR ENTI'fY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 a 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Par1c,CA 91309-7184
CAi,IFORNIA ALL•PURPOSE ACKNOWf.EDGMENT �
y -���7.��'�y�'�.�_'�"�"��°��.����e.���:•.��r�:���»:
State ot Califomia
ss.
County of n2Mf4�
Qn f�.Q. Z before me,_Ltn19k-5, 1✓R7'So�� �,/p1iaR�'p�,uc,
Date Name and Title of Offlcer e. Jane oe,No4 Public �
! s,��- n "1
personalfy appeared Wttl�t�vn �. 'T�oRm�lyt�
ua�sl w s��aqg�
�personally known to me
❑ proved to me on the basis af satisfactory
evitlence
�I.�— _ -- ` �--r"��_=�� to be fhe person(a'f whose name(� is/a�e-.
T t[NDA S. WATSON
cv COMM. �1392874 g subscribed to the within instrument and
R � ��NOiARY PUBLIC-CALIFURNIA � aCknowledged to me that he/s�efthep�executed
; �j� ORANGE COUNTY h°- the same in his/�{je+r authorized
� My Comm.Exp.lan.s,2007 �� capacity(res}, and that by his/#�er�!#�eir
signature(�on the instrurnent the person(�'J, or
, the entity upon behaif of which the person(,B'f
acted, executed the instrument.
WITNESS my hand and official seaE.
- ���. �.' �'�-�,
Signaturo af Notary Pub4ic
oPrronrat
7hough the in(ormation below is not required by faw,it may prove valuable to parsans relying on the document and could prevent
fraudulertt remova!and reatfachment of this form to another documen[
Description of Attached Document
Title or Type of Document: Ci o f � �pE��-5u¢o��l�Sro,�-'�x�`T1tfu� �,2FpY1,�v�a�.(c�.�p�Jp y
Document Date: S��i[rtilf��2. 2.�� Zoo 5� ,,`Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name:
.
❑ Individual Top of thumb here
❑ Corporate Officer—�Title(s):
❑ Partner—p Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator '
• l7 Other;
Signer ls Representing:
�:..�. �..-.��-.,:�-, �
. � „
,� ����s,�.�. •
,..,��,__� .w.�.�.��`�,�`v���-�.^r c:�,�.�^�"�i,�`'�`��::*?�-,2�.�.:�rs�``fi:x'�'����'�'�`✓.'���..�`�"�1.�
6 1999 National Notazy Aseocialion•9350 De SoOo Ave.,P.O.Bpc 2402•Chalswortb,CA 91313-2402•www.nationekayry.org Prod.No.5807 ReoMer.Call ToII-Frgq M1-800-876-8827 -
, .
� , � -
I
CITY OF PALM DESERT
STANDARD FORM
SUBDIVISION
_ . PAYMENT BOND
(LABOR&MATERIALS)
NAME 4F SUB�iVlSION' Enclave Condominiums Tract 31363
NAM�OF SUBDIVIDER: Lomas de Arena, L.P.
NAME OF SURETY• Arch Insurance Company
EFF'ECTIVE DATE: September 20, 2005
AMOUNT OF BOND: $482,601.00
BOND NUMBER: SU5017320
PR�MIUM: Included in Charge for Performance Bond
KNOW ALL MEN BY 'THESE PRESENTS: That the person, �irm,
corporation, entity or otherwise, named on Line 2 of Page 1 hereof without regard
to gender and number, hereinafter referred to as PRINCIPAL; and the _
corporation named on Line 3 af Page 1 hereof, a corparation authorized to do
business in the State of California and presently possessed of authority under
Title 6 af#he lJnited States Code ta do business under Section 6 to 13 thereof in
the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly
and seve�efy held and firmfy bound unto and all materialmen, persons,
companies or corporations furnishing materials, provisions, provender or other
supplies used, in, upon, for or about the pertarmance of the work contracted #o
be executed or performed under the terms of that certain SUBDIVISION
L:1TemplateslLabor&Materials Bond Subdivision.doc
,
- - � ..
2
IMPROVEMENT AGREEMENT hereinafter mentianed and all persons,
companies vr corporations renting or hiring teams or impiements, or machinery,
for contribtiting to said work to be done, a!I persons who performed work or labor
upon the same, and aN persons who supply both work and materials, and whose
claim has not been paid by PRlNC1PAL in the just and full sum mentioned on
Line 5 of Page 1 hereof for the payment w�ereof, wetl and truly to be made, said
PRItVCIPAL and SURETY binci themselves, their heirs, administrators,
successors and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLtGATION is such that whereas the above-
bounden PRINCIPAL has entered into a SUBDIVISION lMPROVEMEN7
AGREEMENT with the City af Palm Desert, a municipal corporation of the State
of Califomia, hereinafte� referred to as CiTY, for the construction of public
improvements in the subdivision named on Line 1 of Page 1 hereof, which said
SUBDfVISlQN IMPROVEMENT AGREEMENT is by #his reference incarporated
herein:
NOW, THEREFQRE, if the above-bounden PRINCIPAL, contractar,
person, company or carporation, or his or its subcontractor or subcontractors, -
fails to pay for any materials, provisians, provender, or the supplies, ar teams
used in, upon, for, or about the pertormance af#he..work contracted to be done,
or for any work or labor done thereon of any kind, or for amaunts due under fhe
Unemployment Insurance Act with respect to such work for lab�r, SURETY on
this bond will pay the same, in an amount not exceeding the sum speci�ied in this
bond, and also, in case suit is brought on this bond, a reasonable attorney's fee
L:\Templates�I.abor&Materials Bond Subdivision.doc
3
which shafl be awarded by the court to the prevailing party in said suit, said
attorney's fee to be taxed as cas#s in said suit and to be incfuded in the judgment
therein rendered.
This bond is executed and filed to compiy with the provisions of #he
Subdivision Map Act; and al! CITY ordinances, resoiu#ians, rules and regulations
supplernental thereto; and all amendments thereto; and shall inure ta the benefit
of any and aq materialmen, persons, companies ar corporatians entitled to file
claims under and by virtue of the provisions thereof.
IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this
instrument the date mentloned on Line 4 of Page 1 hereof.
Lomas de Arena, L.P.
PRINCIPAL
S�zE
PRINCiPAL
Arch Insurance Company
SURETY �
J�� eri Apo aca, Attorney in Fact
(Notarial acknowledgement of execution by ALL PRINCIPALS and SUR�TY
must be attached.)
L:\TemplaceslLabor&Materials Bond Subdivision,doc
Lomas de Arena L.P,
a Delaware limited partnership „
By: SRG Lomas, L.P.
a California limited partnership
By: Regis Homes,LLC
a California lirnited liability company
Its: General partner
By: Regis Homes,L.P.
a California limited partnership
Its: Sole member
By: Regis Contractors,Inc.
a California corporation
Its: General partner
By:
William J.Tho ahlen
Its: Vice President
jmcdade/loans/tyrone�srgcert
1
� CrALIFORI�lIA ALL-PURPOSE A�` ,OWLEDGMENF ' r�o.sso�
State of California
County of Orauge ,
p� September 20, 2005 before me, G.L,Reza,NotaryPublic
,
�AT� NAME,71TLE OF OFFICER-E.G.,"JAIVE bOE,NOTARY PiJ81.IC"
personally appeared Jeri Apodaca
NAME(S)OF SIGNER(S) �
� personalty known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whase name(s} is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and thaf by his/her/their
]I " " - " - - " " " signature(s)on the instrument the person(s}, or the entity upon
A COMM�#p 1395003 g behalf of which the person(s) acted, executed the instrument.
a NO'fARY PUBUC•CALIFORNIA o
� ORANGE COUNTY . N
My Comm.Exp.lan.21,2007
� � �-���� � ��� WITNES my ha d a fficial seal.
• SIGNA E OF NOTARY
� OPTlONAL
Though khe data below is not required by law, it may prove valuaWe to persons relying on the document and
could prevent fraudulent reattacf�ment of this form.
CAPACITY CLAfMED BY SIGNER DESCRIPTlON OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ C�RPORATE QFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S} � LIMITED -
GENERAL
I� ATTORNEY-IN-FACT
❑ 7'RUSTEE(S}
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ 07HER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR EN71'h'(IES)
SfGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2/9g 0 9 993 NATIONAL NOTARY ASSaCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Paik,CA 91309-7184
CALIFORNlA ALL-PURPOSE AGKNOWLEDGMENT �
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State of California
ss,
Counry of �P a-c�C�
On s i r�,_�.(�?.c�_b� before me, L�i�lD� 5-�N�oi.( �oT�Ka/ Pu�uc,
Data ro�.�,a nuB or ore�T�e.e..•.�„ooe,H tary Public"?
personaliy appeared �ij��� �• ��.MH-r�fzr.J
Nems(s)of Sipner(s� '
�personaffy known to me
❑ proved to me an the basis of satisfactory
� evidence
to be the person(,�j whose name(� is/afe�
subscribed to the within instrument and
. _ acknowledged to me tttat ha/�qey.executed
�� ^L.INDA�S. WATSON� � the same in his/k�erft�retr authorized
� COMM. #1392874 � capacity(.ies�, and that by his!#ae�Ft#ei�
� � ' NOTARY PU9LIE-CALIFURNiA o signature(�')on the instrument the person(,a'J, or
. ; ORAnGE COu►�TY ,. the entity upon behalf of which the person(�
j! My Comm.Exp.len.9,2007 k� aCted, executeci the instrument.
{� f
WITl�ESS my hand and official seal.
, G��6�
Slgnaturo oi Nolary Pabfic
OPTIONAL
Though iha intormation below rs npt requrred by law,it may prove valuatrfe to persons reJyirtg on the document and could prevent
fraudulent remova!and reattachment of this tonn to another tixument
Description af Attached Document
Titie orType of Document:�o-F P,ALM i�5�r �� p lN.irZtJ'(� �jJr��D �(.p�y�iQ; A,l�2.t,44�5�
Document Date:___�'���y,����a� _Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual rop or thumb ne�e
❑ Corporate Officer--Title(s):
❑ Partner—❑L9mited ❑General
❑ Attorney-in-Fact
❑ Trustee
� Guardian or Conservator �
❑ Other.
Signer 1s Representing:
�;-�.��'.�r�,`�a'�'-�'�"�v��.'��c�.--re�v:-x-�i.�"rk.'�'�_.'�-� ��na��. '��,�.��..�.�"�a.'`�^�����'��,;
m 1999 Nafiaml NoWry Associatian•9350 Da SWo Ave.,P.O.Box 2402�Chatawaqh,CA 91313$402•www.nafbnalrrotary,orq Prod.Na.58p7 Raordec Call ToN•Free 1-800-876�6827 �
. I n
R4WER OF ATTORNEY
Know All Men By These Preser�ts:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State af Missouri,having its
principal off�ce in Kansas City, Missouri(heceinafter referred to as the"Company")doas hereby appoint
Fthonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A.Schaller, Racheile RheauEt,Ashley
Ward, Grace Reza and Rosa E. Rivas of Irvine,CA(EACN)
its true and lawfu!Attorney(s}-in-Fact, to�make, execute, seai, and deliver from tha ciafe of issuance of ihis pawer for and
on its behalf as surety,and as its act and deed:
Any and alf bonds and undertakings
EXCEPTIQN: NO AUTMORiTY is granted to make, execute, seaf and deliver bonds or undei-takings that guaranEee the
paymenE or r.oll8ction ofi any promissory note, check,draft or letter of credit.
Th3s authority does not permit the same obligatton to be split into two or more bands in arder to brfng each suah bond
withtn the doilar limit of authority as set for�ttt hereln.
The Compariy may revoke this appotntment at any time.
The execution of such bonds and unde�takings in pursuance af the�e�:,presents shail be as binding upon the said
Company as fully and amply to all intenfs and purpases,as if the same had tiee#�duly executed ancf acknowledged by its
regulariy elected officers at its princ(pal offlce in Kansas City,Missouci. � . . . .
This Power of A#omey is executed by authority of resolutions adopted by unanimous c:onsent of the Board of Direotors of
the Company on March 3, 2003, true and accurate copies of which ate hereinafter set forth and are hereby certif'�ed to by
the undersigned Secretary as heing in full force and effect:
"VOTED, That th�Chairrnan of ths Board, fhe P�esident, or any Vice President,,or thair appointeas designated in writing
and flled with the Secretary, or the Secretary sha11 have the power and authority to appaint agents and attarneys-in-fact,
and to autho�ize them to execute on behalf of the Company, and attach the seal af the Campany thereto, bonds and
undertakings, recognlzances, contracts of indernnity and ather writings� obligatory in the nature thereof, and any such
officers uf the Company may appoint agents for atxeptance of process"
This Fowe� of Attomey is signed, seafed and certified by facsimile under and by authority of the following resotution
adopted by the unani►nous consent of the Board of Directors of the Company on March 3,2UO3:
VOTED, That the signafure of the Chalrman of the Board. the President, or any Vice President, or titeir appaintaes
des[gnated in wri�ng and filed with the Secretary, and the signature of the Vlce President.the seal of the Company, and
certificetions by tha Vice President, may be at'fixed by facsEmile on any pawer of attomey or bond executed p�suant.to
the resolutian adopted by the Board of Dlr�ctors on March 3, 20Q3, and a�y such pawer so executed,sealsd and certified
witiz respect to any bond or undertaking to whfch it is attached, shaq continue#o be valid artd bindEng upon the Company.
OOML0013 00 03 Q3
Page 1 of 2 Printed in U.S.A.
I i .
�r�i�Y"Ch
Insurance Group
IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
INSURANCE ACT OF 2QD2
7'he Terrorisr�t ftisk Insurance Act of 2002 establishes a mechanism by which the federal govemment will share,
wi#h the insurance industry, ln losses arising out of"ac#s of terrorism" certified as such by the Secretary of the
Treasury. "Certified acts af terrorism"are defined as events that cause more than$5 million in losses and:
9. Are�iolent or dangerous to human lite,property,or the infrastructure;
2. Result in damage within the Uni#ed States, on a United States mission, or to a United States aircraft or
vessel;and
3. Are cornmitted by individuats, ading on behalf of foreign persons or interests, as part of an effort to coerce
the civilian population of the United S#ates or to inf{uence the policies or c�nduct of the United Sta#es
Govemmerrt.
The Act specifies that coverage for"certified acts of terrorism" must be made available in commercial property
and casualty policies of insurance, and it requires insurers to disclose any applicable premium cha�ges and the
federal share of compensation. We are making these disclosures in strict compliance with the Act.
Disclasure�f Avaiiability of Coverage for Terrorism Losses
� Coverage for lasses resulting from "certified acts of terrorism"is being made available to you on terms, amounts,
and limitations generally applicable to losses resulting from perils other than acts of terrorisrn.
Disclosure of�ederal Sharse of Compensation for Terrorism Losses
The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a
_ sfgnificarrt ag�regate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the
� insurer's 2001 direct eamed premium. For fasses occurring in 2003, 2004 and 2005, the annual insurer
� deduc#ibles are 7%, 10°k and 15% of ihe prior year's direct eamed premium, respectively. The Act provides that
neiiher insure►�s nor the federaE govemmerrt are responsibls for losses associated with"certified acis of ierronism"
once aggregate annual insured losses exceed$10�billion. .
Disclosure of Terrorism Insurance Premium
Your Bond premium charge for"certifieci acts of terrorism"coverage is$0. '
SR 80 37{Ed.11 02) Page 1 of 1 Printed in U.S.A.
Company Profile Page 1 of 2
, � � i -
Company Profile
ARCH INSURANCE COMPANY
ONE LIBERTY PLAZA, 53RD FLODR
. NEW YORK, NY 10006
840-821�5546
Former Names for Company
OId Name: F�T AMERIC.AN INSURANCE COMPANY DBA Effective Date: 11-06-2002
AMERICAN FIRST INSURANCE COMPANY
Old Name:FTRST AMERICAN INSURANCE COMPANY Effective Date: Ol-OS-1987
Agent for Service of Process
JERE KEPRIOS,C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET,2ND FLOOR
LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process�
Reference Iu�ormation
NAIC#: 11150
NAIC Group#: 1279
California Company ID#: 3005-6
Date autharized in California: July 19, 1.985
License Status: UNLIMITED-NORMAL
Company Type: Property& Casualty �
State of Domicile: MXSSOURI
Lines of Insurance Authorized to Transact
The company is authorized to transact business�c�vithin these lines of insurance. For an explanatzon of
any of these terms,please refer to the lossa .
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
DISABILITY
FJ_RE
LIABILITY
• ,. ,�• . .• , • - ---i----�-------r_�L _- -----r --,i __. __ .___m_ r.rr�—c�nn �r��r�nnc
Company Pro�le Fage 2 of 2
- , .
MARINE
SURETY
TEAM AND VEHICLE "
WORKERS' COMPENSATION
Company Compla.int Information
Comnany Enforcement Actian Documents
Com�aaiY Performance& Comparison Data
�om�osite Complaint Studies
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Last Revised-June 20,2006 0823 AM
Copyright�California Department of Insurance
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