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Home My WebLink AboutRelease Security TM 32420 - Brava Dvlpmnt Grp, LLC CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Release the PerFormance Bond for Tract Map 32420 (Brava) and Accept a One-Year Maintenance Bond SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Brava Development Group, LLC 73081 Fred Waring Drive Palm Desert, CA 92260 BOND COMPANY: Insurance Company of the West P.O. Box 85563 San Diego, CA 92186 BOND NUMBER: CWS70333 DATE: November 12, 2009 CONTENTS: Performance Bond/Labor & Material Bond Maintenance Bond Agreement Vicinity Map Recommendation By Minute Motion, authorize the City Clerk to release the performance bond for Tract Map 32420 (Brava) and accept a one-year maintenance bond. Backqround Tract Map 32420 is located on the north side of Country Club Drive and the east side of Monterey Avenue. At the time of permit issuance, a performance bond was posted with the City for grading and off-site improvements. Grading and off-site improvements are complete, and staff has inspected the site and found it to be acceptable. Per Chapter 26.28.100 of the Municipal Code, the applicant has submitted a one-year maintenance bond for ten percent of the amount of the faithful performance bond. Staff Report Release Performance Bond for Tract Map 32420 and Accept a One-Year Maintenance Bond November 12, 2009 Page 2 of 2 Fiscal Analvsis The City is in possession of a one-year maintenance bond in the event the Applicant does not properly maintain the improvements. Submitted By: Department H d: �� Christina Canales Mark Gree ood, P.E. Assistant Engineer Director of Public Works Paul S. Gibson Director of Finance CITY COtJNCtLACTION Approval: APPRovF.D __ d/ nr�T�r�n � ,-, � RrCLIVED OTHF',12 �r ��. ME�TING UATE_L � a- 1 ' Jo n . Wohlmuth AYF.s: �r �s � ,� � � ` �� ity anager NOEs:ltiv�� ABSCNT: _Nr�/�� AI3STAtN: - � VERIFIF.D 13Y: `� �c, Original on File with City Clerk'`s f`fice G:Wub WoikslSfaff Reports120091November 12104 Release Performance Bontl lor TM 32420 BravalSR Release TR 32420.docx C1TY OF PALM DESERT _ STANDARD FORM SUBDIVIStON FAITHFUL PERFORMANGE B�ND NAME �F SUBDtV1SION: $rava NAME OF SUBDIVIDER: Brava Devalopment GrOup, �LC NAME OF SURETY; ��►surance Company Of The West EFFECTIVE DATE: October 4 200� AMOUNT OF BOND: $�5� ,749.o° BOND NUMBER: �12 61 24 PREMIUM: 53,02t ___ KNOW ALL MEN BY THESE PRESENTS: That the person, firm, carporation, entity, or otherwise, named on Line 2 above, without regard to gender and number, hereinafter referred to as PRlNC1PAL, and the corporatian named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority �nder Title 6 ofi the United States Code to do business under Sections 6 to �3 thereof, i� the aggregate amounts hereof, hereir�after referred to as SURETY, are jointiy and severally held and firmly bour�d unto the City of Palm Dese�, a municipal corporation of the State of California, hereinafter referred to as C[TY, in the sum rnentioned on Line 5 above, for the faithful performance of that cer#ain SUBDIVISION iMPR�VEMENT AGREEMENT between PR(NCIPAL and CITY regarding the su�bdivision named on Line 1 above, as required by the provisions af the G:1PubWorkslPW Temp fileslFaithful Periormance Bond Fortn.doc — � _ 2 _ Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment af which sums well and truly to be made, PRiNCIPAL and SURETY hereby bind themselves, #heir heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregaing obligation is such that ifi the said PRINCIPAL sha!! faithfully perform the covenants, conditions, and agreements contained in that cer�ain SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 of Page 1 hereof, which said agreement is by this reference incorPorated herein, on its part to be kept and performed, in a manner and #orm therein specified, and shall furnish mat�rial in compliance with the specifications and perform afl that certain work and improvement in said CITY which is mvre par�icufar[y described in said SUBDIVfSION IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful perforrnance is by this reference incorparated herein. The sa[d SURETY, for value received, hereby stipulates and agrees that �o change, extension of time, alteration or addition to the #erms af the SUBDiV1SION IMPROVEMENT AGREEMENT or to the work to be performed ther�under or the specifications accompanying the same shall �n anywise affect its obiigations on this bond, and it does hereby waive notice o#any such change, extension of time, alteration or addition to the terms of the SUBDI.V_ISION IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item ofi performance #hereunder. In the event it becomes necessary for CITY to G:IPubWo�Ecs1PW 7emp files\Faithfui Performance Bond Form.doc _. - 3 - bring an action to enforce this bond, SURETY shall pay CITY'S reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHERE4F, PRfNCIPA� AND SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereQf. Brava Qeveiopment Group, LLC PRINCIPAL . .l PRINC AL tun arbato Insurance Company Of i'he West SURETY � V URETY p�ane M. Nieise�, Attorne;�-ln-�act (Notarial acknowledgement af exec��ion by ALL PRiNClPA�.S and SURETY must be attached.) � G:1PubWorkslPW Temp files�Failhfu!Performance Bond Form.doc _ �, - CALlFORN1A ALL-PURPOSE ACKNOWI.EDGMENT yr,�r,cr.cr.,�;��,�.�.c_r-=�c,�c-�-r,��-�c,�c`_,�'_--.��.cr.��cc.cc.ce,cr.�:r�.�r,�.cr.cr-�r`�>.�S'-�r.ce_•.c�c-.c>r,�=�`;�,�y, 7�'� `� t � State of California � � � _ �+�d-t-� S5. :� Coun of � Z�r. � �.lc On �tr�'C)� �i �-fl(�� before me, � ��G� '" � �'�1 �f t b��Cr ��1 (`{ Date Name and Trtle al ONice�(e.g.,"Jane Doe,Nmary Publ ') •�?S, �� personally appeared �� Gl�� ;'� �h Name(s)ot Sqner(s) � ;� ��h'! ❑personally known to me :,��sI Z,�,�y' ❑ proved to me on the basis of satisfactary `�5 L�; evidence ��, � ��5 �1 to be the person(s) whose name(s) is/are ;� � subscribed to the within instrument and � � acknowledged to me that he/she/they executed � �; }� the same in his/her/xheir authorized ;� �i + �� capacity(ies), and that by hislher/their ?� ,,� 1 Comm�ssion#�1433152 signature(s�on the instrument the person(s),or l� � � 'A �'1Qf��'� � the entity upon behalf af which the person(s) � R��CO� acted, executed ti�e instrument. �t,, � Niy Comm.ExpinsAup 1, kS I ' WITNESS my hand and official seal. �� '' F�,y� ):! Signaturo ol Notary Public C,C "(�� f' �I�' �I . C' - '� � l � OP710NAL � �1 Though the information below is not required by lau;if may prove valuable to persons relying on the document and could p�evenf � - � lraudulent remova!and reanachment of this form to another document. � i � � Description of Attached Documeni C� �� Title or Type of Document: � Z�1 Document baie: Nurr►ber of Pages: � fi? �Signer(s)Other Than Named A6ove: !�c�� Capaci#y(ies) Claimed by Signer � �J Signer's Name: t� I� ' � =_' � ^ Individual Top ot thumb here ,�1 � Corporate Officer—Title{s): � � �' 0 Aariner--�Limited 0 General �� ❑ Attorney-in-Fact -C! Trustee ❑ Guardian or Conservator O Other: � Signer ls Representing: � ( LW " _ _ ti. �. u �.... .... ,.... - � O 1999 Naiionat Motary Assoaal'ron•9350 Do So�o Ave.,P.O.Box 2402•ChalswoM.CA 91313-2402•www.nationalnaiary.o�g Prod.No.5907 Reorder.Call Toll•frea t-800-0766027 STATE OF CALiFORiVIA } COUNTY OF RIVERSIDE 4N October 4, 200� ,gEF4RE iV1E, LINDA CURIEL, Notary Pubiic PERSONALLY APPEARED: DIANE M.NIELSEN Capacity Claimed By Signer{s): ( ) Individual(s) ( ) Corporate ( ) Partner(s} { ) Attorney In Fact ( }Trastee(s) ( ) Guardian/Conservator ( ) Other: Personally known to me (or�roved to me o❑ the basis of satisfactory evidence) to be the person (s) whose nazx�e{s) is/are subscribed to the tivithin instrunnent& acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures {s) on the instrument the person (s), or the entity upon behalf of which the person (s}acted, execated the instrument. �� w i�. LINDA CllRIEL WITNESS my hand and officiai seal. . �' Commisslan#1451768 � ,-,m Notary Public-Catifomla y� � �%� Rlveistde Couniy t [vfy Comm.Expkas Nbv 20.2007 Signature• nda Curiel,Notary ALL PURPOSE ACKNOWLEDGMENT Cornpany Profile Pa�e I of 2 � �ompany Profle INSURANCE COMPANY �F THE WEST Po Box gss63 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL S.AN DIEGO, CA 92130-2045 Unable to Locate the Agent for Sez-vice of Process? Reference Information NAIC#: 2�847 NATC Group#: 0922 Caiifon�ia Company ID#: 2071-9 Date authorized in Califorxxia: May 17, 1972 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of�nsurance Authorized to Transact The c�mpaxzy is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the�loo ssaiv. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY " COMMON CARRIER LIABILITY CREDIT . DIS.ABILITY FIRE � LIABILITY MARINE MISCELLANEOUS http://cdinswww.insurance.ca.gov/pis/wu co prof/idb co prof utl.get_,co_.prof?p EID=S809 1/4/2005 Comparzy Profile Pa�e 2 of 2 PLATE GLASS _ SPRINKLER SURETY TEAM AND VEHICLE WQRKERS' COMPENSATION Company Complaint �nformation , z t�j Company Enforcement Action Documents . `'�� Company PerforFnance& Comparison Data Composite Complaint Studies Want More? Help Me Fincf a Com aip ly REpresei�tative in M_y Area Financial RatinR Oz•�ataizations T.ast Revised-November 04,2004 11:18 AM Copyright�California Department of Insurarzce Disclaimer httn�//cdinsww�v.insi�rance.ca.��vMls/wtt co nrof/idh co nr�f �ttLset co nrof?t� ETD=5809 1/4/2�05 CITY OF PALM DESERT - STANDARD F�RM SUBDiV1SION PAYMENT BOND (LABOR & MATERtALS) NAME OF SUBDIVfSION: Brava NAME O� SUBDIVIDER: $rava Devetopment Group, ��C NAME OF SURETY: insurance Company Of 7he West EFFECTlVE DATE: October 4, 2004 AMOUNT OF BOND: ��25,87�.00 BOND NUMBER. 2�2 6� 24 PREMEUM: lncluded In Performance Bond KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporafiion, entity or athennrise, named on Line 2 of Page 1 hereof wifihout regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 ofi Page 1 hereof, a corporation authorized to do business in the State af California and presently passessed of authority under Title 6 of the United States Code ta do business under Section 6 to 13 thereof in the aggregafie amounts hereof, hereinafter referred to as SURETY; are join#ly ` and severely held and firmly bound unto and all materialmen, persons, companies or corporatior�s furnisf�ing materials, provisions, provender or other supplies used, in, upon, for or about the performance of the work contracted to be execu#ed or performed under the terrris of ti�at certain SUBDIVISI�N G:V'ubWorkslPW Temp fileslStandardform-subdivison-pymEbond-labor&mtrls.dac — - ` 2 IMPROVEMENT AGREEMENT hereinafter mentioned and all persons, companies or carporations renfing or hiring teams or implements, or machinery, for contribu�ing to said work to be done, all persons who performed work or labor upon the same, and a!I persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the j�st artd full sum mentioned on Line 5 of Page � hereof for the payment whereof, weH and truly to be made, said PR1NClPAL and SURETY bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these presents. THE COND[TION OF THE OBL[GATION is such that whereas the above- bounde� PRiNCIPA� Ftas entered inta a SUBDIVISION IMPROVEMENT AGREEMENT with the City of Paim Desert, a municipal corporation of the State of California, hereinafter referred to as GITY, for #he constrt,Ection of public improvements in the subdivisian named on Line 1 of Page 1 hereaf, which said SUBDIVISION IMPROVEMENT AGREEMENT is by this reference incorporated herein: NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor, person, company or corporation, or his ar its subcontractor or subcontractors, fails to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, far, or about the performance of the work contracted to be done, or for any work ar labor done thereon of any kind, or for amounts due under the '� Unemployment (nsurance Act with respect to such work for fabor, SURETY on this bond will pay the same, in ar� amount nat exceeding the sum specified in this bond, and also, in case suit is brought on this bond, a reasonabEe attorriey's fee G:\PubLVorS:s�PW Temp files�StandardForm-subdivison-pymtbond-labor&mttls.doc " " -, � which shal! be awarded by the court to the prevailing par�y in said suit, said attorney's fee to be taxed as costs in said suit and ta be inciuded in the judgment therein rendered. This bond is executed and fiiied to comply with the provisions of the Subdivision Map Act; and a!I CfTY ordinances, resolutions, rules and regulations supplemen#al thereto; and all amendments thereto; and shafl inure to the benefit of any and alI materialmen, persons, companies or corporations entit{ed to file cfaims under and by virtue of the provisions thereof. 1N WITNESS WHERE�F, PR1NClPAL AND SURETY have executed this instrument the date mentioned on Line 4 of Page 1 hereof. Brava Development Group; LLC - PRfNClPAL PRINCI n�un a bato Insurance Company Of The ldest SURETY ,� � �� J Y SURETY Diane M. Mielsens Attorr.ey-ln-Fact (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.} •- G:�PubWorks\P\V Temp files�Standardform-subdivison-pymtbond-labor8:mtrls.doc _, � " CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r,�c--�. -�.cr_�'��'��'�>�'�'�.c��>�'-'��=-�> � - �—��.�-�c:c��.��r.�_.= ;�:r�c'�'��,, �x •`� � � State of California ;� � � `! s ss. t� ;� County of ��y�/t�l�/`'�' °,�j '� L. y,�-- �'!� ' � On Q(��P �f �'d� before me, G�Y�'�i. !��"J�1 7�J,�t G t„ Oata NamO and Titk a!OKcer(e.g.,'Ja Oon,Notary Pub[it'� ,;� �-h� �3a�bQ-�v �' ��, personaily appeared , Name(s�ot Sgner(5) � '�,�,��,', �Z�; ❑personally known to me :��s,I �� proved to me on the basis of satisfactory ;;Y �' evidence ��i �, t,� ' to be the person(s) whose name(s) is/are t� � subscribed Eo the within instrument and � !� acknowledged to me that he/she/they executed � ' Ehe same in his/her/their authorized � � capacity{ies), and that by his/her/their � �►�� signature(s)on tne instrument the person(s),or � � ��1��'��' the entity upon behalf of which the person(s) `��j � � • � Rt�kb Cou��tll acted, executed ihe instrument. ?u ''Y � M1►��•��ii�• WITNESS my hand and a�iciaf seal. � ,�` , . . , . . � � Signalure d No1ary P�blic � � � �(� i Oa �; OPTlONAL � � Thnugh the rnformatiort below is not requir�d by law,it may prove valueble to persons relying on the dxumant and cou(d preven! � 1 h� fraudulenc removaf and reattachment of this lorm to anather document ;�; ��' � Descrip#ian of A##ached 17ocument � Z�; Title or Type of Document: :'� � Document Date: Number of Pages: ��, � ;� �' Signer(s)Other Than Named Above: � (. � � Capacity(ies) Claimed by Signer � � Signer's Name: '� � ❑ Individual � 7op ot thumb bere � � L"] Corporate afficer—Title{s): ,'��,'' �� L� Partner—O�imited ❑General � �� ❑ Attorney-in-Fact �� C7 Trustee . rJ Guardian or Conseroator •I � ❑ Other: Signer Is Representing: �i, � - _ �. .� _ `. - _ - � O 7999 Nalional Nolary AssocValion•9350 De So10 Ave.,P.O.Box 2402•ChatsvroM,CA 913132402•www.nationalnotary.ory Prod.Na.5907 Aeordar.Call Toll-Free 1-806�87G6B27 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON october 4, 2004 , BEFOR� ME, LINDA CURIEL, Notary Public PERS4NALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s}: { }Indivic3ual(s} ( } Corporate ( }Partner(s) ( } Attorney In Fact ( ) Trustee{s) ( ) Guardian/Conservator { } Other: PersonalIy known to me (or proved to me on the basis of satisfactory evidence) tQ be the person {s} whose name (s) is/are subscribed to the within instrument& acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),and that by his/her/their signatares (s)on the instrument the pecson (s),or the entity upon behalf of�vhich the person (s)acted,executed the instrument. �NQA CURIEI WITNESS my hand and official seal. ��CommEssbn#1451765 Notary Publlc-CoUfomia � � �r�. Rtve�stde County ,_ � ' MY Comm.Exphes hiov 20,2007 Signature ' da Curiel,Notary ALL PURP4SE ACKNOWLEDGMENT 1�Io. 0004774B I ICW GROCJ�' Power of Attorney Ineurance Company of the West EzpEorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY'I�SE PRESIIVTS: Thnt lnsurance Company o£the West,a Co�orotion duly orgaaized under the laws of the Srate of Califomia, Explorer Insvrance Company,a Corporation deily ocganized under the iaws o£the State of Arizona,end Indepeadence Casualty and Surery Company,a Corporation duly organiud under the laws of the SWte of Texas,(collectivefy referred to as the"Campanies'�,do hereby appoint PAUL W.LEWIS,ANIK WII.LARD,AIANE NL 1ViELSEN theiz true and fa�vful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity snd surety bonds,undertalangs, and other similer conuacts of sKuetyship,and eny related documents. IN WIINESS WHEREOF,the Compenies have caused these presents to he exxuted by its duly auti�orized officers this 16th day of January,200 f. �aOMtMr�,r �Kguq �ratrr.►� INSURANiCE CO'�IPAtYI'OF TfiE WEST �� q`�v*o,��,R�� ` °o� EXPLflRER IN5IJI2ANCE COMPANY '�'.�' � d SEAL e 7NAEPENDENCE CASUALTY AND SCT[�T'Y COMPAIVY a "''ro.�;Dt . CICRp1N' �3'! 1.�� }T� � John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of Califomis County of San Diego � SS. On 7anuary 16,Z001,before me,Narme Porter,Notary Public,personaily appeared John L.Hann�and John Ii.Creig,personally known to me to be the persons whose names are sabscribed to the wifhin instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by tho'u signatures on the iastrument,the eatity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTER CObiM:#1.857540 ,��`/`.�`/ ' V NOTARYYUBLIC-C1LLIfORNIA � N �� SANDIEGO'COUNTY n (�Y�V1I� � My Commission Expires '' MARCN,19;2004 Norma Porter,Notary Public � RESOLUTIONS This Power of Attorney is�tanted end is signed,sealed and natarized with facsimiFe signetures aad seals tmder authority of the following resotutions adopted by the rospective Boards of Airectors of each of the Companies: "l2ESOLVEA: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authoriud to execute Powers of Auorney appointing the person(s)named as Attorney(s}-in Fact to date,execute,sign, seal,and deliver on Uehelf o£tht Company,fideliry and surety bonds,undertakings,and other similar contracu of suretyslvp,and any related documents. RESOLVED F[JRTI�R; 'Ftsst the signatures of tha of�'icers mafciag the appointnent,nnd the signature of aay officer ceitifyiag the validity and current status of the appointment,may be facsimile representations of those signatures;sad tha signature and seal of any notary,and thc seal oF the Company,may be facsimile representations of those signatures and seals,and such facsixnile representetions shall hsve the same force and effect as if manuelty affixed. The facsimile represeatations refeaed to herein may lx affixed by stamping,printing,typing,or photocoPY�B.�� ' CERTIFICATE ' I,the undersigned,Assistant 5acretary of Insuranea Company of ihe West,Explorer Insurance Company,and Independence Casualry and Surery Company,do here6y certify thet the foregoing Power of Attomey is in fiill force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Airectors of the Companies,and ere now in full force. IN WiTNESS WI�REdF,I hnve set my hand this 4 t h ' dcy of 0 Y o b .r .�—• . . :,, �, /7��i—Z�� . �—a � John H Cra�g,Assutant Secntary i L t r r r r}�? ,� � , : :: � :. . 2 -. .� �, �: �'., � ��, q �; '` r <J` �.- . �' . ,� �+d s�: . :;., ,,.,�; .�__�� ,��... :. � .. .. } � , -,.. ..;�, '� .,�.._ . To yerify the authenhcity of this Power of Attomey you mey call 1-800-888-1111 iinnd esk for khe SureEy Ihvision.,Please refer to�tlie Power of Attomey Numher`,''` the above named�ndxviduaI(s)and details of the bond to wh�ch chc power u attached Y .� t , ,. '� �� r � ± 3 a '� � li ;� - . f �Y(s S �� f r,.�7i,'id �,.'�,, ' . � ,r, R . , y ,s., s. i. � .-; .�a-� { � � Y` ''. .,.� � r��.s�1�i-.r?� c - .. . .:. `;: _... ,. .:. �., ... ... ...-.,. �. . �-: . .. + _,n., .= -�._. � .,.�,..,... x ...,..: .. :,,.. ,. .. . ;. ., . ... _ ........ . .. .......:.... .. 5 � l': TERRORISM COVER.A.GE DISCLOSURE The Tenorism Risk Insurance Act of 2002 (the"Act") establishes a progrann under which the Federal Government will share in the payment of covered losses caused by certain acts of intemational terrorisrr�. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. tlnder the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined an the Act. The Act further provides that the Federal Govemment rr✓ill pay a share of such losses. Speczfically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act aIso caps tl�e amaunt of terrorism-zelated lasses for which the �ederal Governznent or an insurer can he respo;nsible at $100,000,000,000.00, provided that the insurer bas met its deductible. Piease note that passage of the Act does not result in any change in coverage uz�der the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additzonal premium cha�rge has been zxaade for the terrorism coverage required by the Act, The premiurn claarge that is allocable to such coverage is inseparable from and imbedded in the overaIl premium. I.C.W. GROUP �1NSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY DINDEPENDENCE CASUALTY.AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O.Box 85563,San Diego, CA 92186-5563 {858)350-240Q FAX (858}350-2707 MAINTENANCE SOND Bond No.2126124 KNOW ALL MEN BY THESE PRESENTS: That, Brava Development Group, LLC, as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of Califomia and authorized to do a surety business in the State of Cali£ornia, as Surety, are held and firmly bound unto the City of Palm Desert in the sum of Twenty Five Thousand One Hundred Seventy Five Dollars and no Cents ($25,175.00), lawfui money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointiy and severally,firmly by these presents: SEALED with our seals and dated this l2th day of November,2009. WHEREAS, on the 10/04/2004, the said Brava Development Group, LLC, as coniractor, entered into a contract for condominium development for the sum of Two Hundred Fifty One Thousand Seven Hundred Forty Nizxe($251,749);and, WHEREAS, under the terms of the specifications for said work,the said Principal is requized to give a bond for Twenty Five Thousand One Hundred Seventy Five Doliars and no Cents($25,175.00),#o protect the City of Palm Desert against the result af faulty materials or worlananship for a period of one year from and after the date of th,e completion and acceptance of same,namely,until November 12,2410. NOW,THEREFORE,if the said Brava Development Group,LLC shall for a period of one year from az�d after the date of the completion and acceptance of same by said Cify of Palm Desert replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void;otherwise to remain in full force and effect. Should it become necessazy for the City to institute a lawsuit or any other legal action to enforce the terms and conditions of this bond, the costs of said proceeding including attorneys' fees shail be awarded to prevailing party. BY: v� L�--- _ t B : � !.�. I�22� � __ �� :�.��i�lsen ATTOR:h'EJY-IN-FACT GN-ICW 163(7/00) STATE OF CALTFORNIA } COUNTY OF RIVERSIDE ON NOVCM� IZ��..A9 ,BEFORE ME, LINDA ROCHA, Notary Pablic PERSONALLY APPEARED: Diane M.Nielsen Who proved to me on the basis of satisfactory evidence-to be the person (s)whose name(s) is/are subscribed to the within instrument& acknowledged to me that he/she/they executed the same in his/lier/their authorized capacity (ies}, and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the�erson (s) acted, executed the instrument. I certify under penalty of�er,�ury under the laws of the State of Califoi-nia that the foregoing garagraph is true and correct. WITNESS my hand and official sea�. LINDA ROCHA ; Commisslon # 1777932 ,, X;-� „ Notary Pubitc -Ca1(fornfa £ _ �• " Rlverslde County � Signatur : � �h+comm.�rest�tov2s,2oti i a Roclta,Notaxy ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGIUIENT 5tate of California County of 'K�v`e-if"5i d � On L 1 �z a before me, �O�.w�nr�o,.. �o�. �No'F0.rU �l�.b�L , Da e Here Insert Na e and Title ot the icer personafly appeared �vd�1 �0�'0. ��C.i�''erc� Name(s}ot signer(s) � who proved to me on the basis of satisfactory evidence to be fhe person(,s`�whose name(�} is/�e subscribed to the within instrument and acknowledged to me that he/si°�ki�rey executed the same in his/he►'f�eir autharized capacity i(�. , and that by his/MeFkhreir signature(s� on the �� instrument the person(�j, or the entity upon behalf of � �� ,�{;p µ which the person(;a'(acted, executed the instrument. _ Co�lu�bsip�E 1�257t6 M�� I certify under PENALTY OF PERJURY under the laws C� �s �� of the State of California that the foregoing paragraph is true and correct. WIT(VESS m and and offici seal. Signature Place Notary Seal Ahove Signa ure oE Notary Public OPTIONAL Though the information below is not requrred by law,it may prove valuable to persons relying on the document and could prevent fraudulent remoua!and reattachment of rhis form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than tVamed Above: Capacity(ies) Cleimed by Signer{s) Signer's Name: Signer's Name: ❑ lndividual C] Individuaf � Corporate Officer—Title(s): ❑Corporate Officer—Title(s): O Partner—� Limited Cl General �Partner---� Limited ❑General D Attorney in Fact ' �' CJ Attorney in Fact ' �' 0 Trustee �oP of thumb here �Trustee Top of thumb here 0 Guardian or Conservator �Guardian or Conservator 0 Other: ❑Other: Signer Is Representing: Signer Is Representing: �2007 National Notary A550cialion•9350 De Soto Av2.,P.O.Box 2402•Chatsevortb,CA 9t313•2402•www.Na[io�alNotaryArg flem x5907 Reorder.Catl Toll-Free i-BOD�876-6827 No: OOQ4214 ICFV GROUP ' Power of AHorncy`. Insurance Compuny of the West Explorcr Tnsurance Company Independence Casuafty and Snrety Company KNOVJ ALL MEN BY THESE PRESENTS: Tfiat]nsurance Company of the West,a Corporation dufy organiud under the law�s of the State of California, Eaplorer Inswance Company;a Coiporation duly organized under the IawS of the State of Califomia,and independence Casualry and Surety Compeny,a Corporation duly orgnnized under the laHS of the State of Texas;(collectively referred fo as the"Companies");do hereby appoint PAllL W.LEWIS,ANN WILLARD,DIANE A4.NIELS�N their true and lawful Attomey(s)-in-Fact with authoriry to date,execute,sigtt,seat,and deliver on beh�lf of the Companies,fideliry and surety bonds;undenakings,and otEicr similar contracts of suretyship;and any relafed documents. In wifness�vhereo£,the Companics have caused these presents to be execnted by iu duly auihorized officers this 2nd day ofJanuary,2008.. , . :.-� � l �� , , Ga��'�kro I a5UR.4N�,'*i, i J.�--�.'�p � 4 FT4� �� i�.�ttPGl� t�`�5 � jh \S. ." . . ��o�.ra�� ,�'�o° �'F o 2 r��•��},'`�--k�1�l INSETR.'INCE COA'IPANY OFTE��NES'C � � �ot�SEAL�+� 3 ,� �%�Jn i EaPLORER[NSURAIVCE COMPANY '��t��' d'�i ,°a�t �� 1 1 a �,� ;�� II�DEPEI\`DENC.E CASUALTY AND SURETY COhiPANY .._ k'F�-:�OQNIk r2�'� �ti i� ,� sra ��(ROANV� J;,.. �.�p�.� �l .,�,�� . -. :, � � ��/,� ` �-��iL��'�/L�7nrt�J � � �-�.�-�'�.u. �i' ,� �� U ' JetTrey D.Sweeney,Assistant Secretary I;Dou�las$ro��ne;Seiiior Vice President ' StnteofCaliforma -' }ss. ,. �. , '` ' i `. Coanty of San biego '. On May 21,2009,before me,JoAnn Pache,Notary Publio,personally appeared d.Douglas IIro�time und Jeffrey D.Sweeney,who proved to me on the basis ofsatisfactary evidence to be the person(s)whose name(s)is/are subscribed fo die H�thin instrwnenf,and acfaiowledgedlo me that they execi�ted the same in their aulhorized capacities;and ihat by their sig�atures an the insliumen[;thc entity.opon behalf of i4hich the persor�s acted,ezecuted the insl�ument. 1 eertify under PENAL'['Y'OP PERJURY under lhe taws ofil�e State oCCaliforniu Ehat.the foregoing parugraph is We and co�rect. Wiiness my hand and ofiiciat seal. ��1�1M�N 't J�ANN P�tCHE � j � �?h+Et�t.��84�884 ` ��'�=�f4' �'��t� ' f�OTAliY'P11B�Al.lFORi�IA� �. SA�N E��Ot�1� � My Carnmissian es � `Af�HlL3� �Oi�3 ` JoAnn Pnche,Notai7�Public : RESOGUTIONS This Power oCAttomey is�anted and is signed,sealcd and notarized witF�facsimile signatures and seals under authority of lhe following resolutions adopted by the respective Boazds of Directors of each of tiie Companies: "RESOLVED. Thai the Presidcn�an Esecutive or Senior Vice President of the Company,together with the Secr�etary or any,Assistani Secretary,are hereby.authorized to execute Potivers of Attomey`appoin6ng t[ic person(s)named as Attomey(s}in-Pact to datc;esecute;si�i;sea3;and deliver on 6ehalf oCUie Company;fidelity and sure[y bonds,underfakings,and other similar contracts ofsuretyship;aod aoy related documents RESOLVED F[JRTHER That the signntures of the of�icers maF:ing the appoinfmsni,and lhe signatvre of any officer certifying thc validity and current sta£us of the appointmsnt,may be facsimile rapresentations oF those signatures;and the signuture and seal of any notary,and tlie seal of the 'Company,may be facsimile repiesentations of those signatures and seals;and such facsimile iepresentafions slwli hnve the same force and effect as if manually,aftixed.`:1'he facsimile representations referietl to herein may be affixed by stamping;printing;typing,or photocopying." ' .CERTTFICATG I,tha undersigned;Assistant Secretary of fnsurance Company of the West,Explorer Insurance Company,and Independence Casaalty and Surety Company,do here6y certify that ihe foregoing Power of Atfoimey is:in full force and ett�ect;'and has not been revoked;a��d that the above resolutions\vere duly adopted by the respecfive Boards of Directors of the Companies,and aie naw in full force. - ; j__ .-��',�r ' IN WITNGSS WI�REOF,I have set my hand this�� duy of A 1 n1IC1M�'e 1r . 4`"�Ti • ` �' f- " c; %��"��-�`-� � � �� JeETrey D;Swecney;Assistan!Sec:etary' ,' To verify the autEienticity oFthis T'ower of Attomey yoa may call l-S00-377-111I and ask for the Sureh�Division. Please refer to the Powe�of Attomey�7umber,the above named individual(s)and details of the bond to�vhich the power is attncheci: For infonnation or filin�claims;please contact Surety Claims;ICVJ Group, 11455�1 Camino Real,San Diego,CA 92I3Q-204S or call(S58)350-2400 S�3DIViSTON IM�ROVy�'��I'I` �GR�yi`��-T D..i_ C= �G:c�_ME��'. �G.'�V G�f I'�, 2 0 ��. � .. �;.�,r= 0= SL3��v=��. '�L11/C. fl�l1't� 1U� � �� V1^UU�1�' � � � � ��?'_?_�.�..L LC��4"J`1��.r..�� / . �i:�:�I� G= Su�sL�V�SiO�i: �Y fll V � �o_ aL �•o4s : ^��i��'��G CO �S ��SL.n�.:.V15_D�i�� • ='�v��_�� s�p ��,SOLi3'�'�O�i OF AP�ROv?.� ��. . � �� (��4 �io �� r�Le�_ec to as "��SO�LC10?? oi ADDY'OV"d�" ? (_.. �4I=:Ovr.,�t��7'�' pI_:.n�iS L>?40V�D O�i:S `� 02 � G i r� �P � x�� S�. ��2La�Y'�.^.,' �O �S ��J.iilDrOV2 E_^.L �1 s�S°� . ESTI`�1.�=�D TOT�, CQS'T 0: i�IPROVr�i�IENTS :$� ��, 7 7 / ESTI�?`?'ED TO!� COST Or yfODTUMENT�TIOV: � S ) ��- �v - s�-��sv: � / .2 �' I � �� ` �o�;� ?vos : ` � . .7 � st�'�TY: �, vYG�e� CP U��r c. �� P _s -oz- ��REVOCP..BLE S'�?.ND-BY s��'�`�'�� 0= CREDs'� NO. FIv:��TCI_� ?'NST�'I'U�ION: -o�- CaS:-I/CERTI?IC.�TE O� DEPOS�T, AG2�E�i�,N"'r' D.ATED: F+NA1vC.��L I�3STiTLFTzON: This AgreYment is made and en�ered irzto by and between the City o� Pa?m Desert, a municz.oal corporation or ti�e State oz Cali`ornia, here�naz"ter referred to as "CITY" , and �he SUSDIVTDEr�. R�llA�D761t597 RECITAI�S y. SiJBDIVTDER nas preser��.ed to CiTY iox' apgroval and reco�da��on, G rir.al su�dzvisa.or_ map or a oroc�oszd SUBDIVISIO�i DU?"SLF827L �a provisions a� the Sub�'ivision yiap �ct o� tne State o� Cali�orn�a anci Lhe CITX's ordinances and regulations relating to L'ne fi}i��g, appxOval. and recordation oi su�division maps. The Subdz.vision Map Act anci �he CTTY` s ordinances and regulations r�lating � to the f?ling, approval and �ecorda�ior? o� subdivisio�. ;�aps are coll.ectively re�erred to in this Agreement as the "SubdiJis�or_ Laws" . B_ A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditi.or�s contained in the Resolu�ion oz Approval . The Resolution � ot Approval. is on riJ.e in the O�fi.ce oi the City Clerk and is � incorpora�.ed in.to �hzs Agreement by reieren.ce. C . The Subdivisa.o� Laws establish as a cond�tion precedent tQ the approval of a �inal map that SUBDIVIDER must have complied wiC.h the Resalution a:E Approval and must have either (a) completed, in comp3.iance with CITY standards, a11 of the improvements and land developtnent work required by the Subdivision Laws or the Resolution o� Approval or (b) have entered intd a secured agreement with CITY to compl.ete the improvements and lan.d development wi�hi.n a period of time specitied by CITY. -2- RM7tlB�DJE�1597 w D. zn consideration of the approval oL a rin�1 �ap �or Che SUBDIJ'+_S�ON by �he City Council, SUBDiVIDER desires to enter into this �greemer.t� Wr2r2DV SUBDIVIDER promises to i�stall a7d comp?e��, at SUBD��TaER' s ow� eYpense, alj �he pubi�c improvemen� work reauired b� CITY ir connwction with the proposed SUBDIVISION. SiT3Di'v�D�R has secu�ed this �greement bv improvement security �zau?red bv the Subdivisi.on Laws and approved by the City Attorney. E. Com�?ete ix�provement Plans ior the constructi.on, install ation, and compl.etion of the improveme►�ts have been prepazed bv SUBDIVIDER ar_d approved by the City Engineer. The Improvement Plan.s numbex'ed as re�erenced previousZy in Chis Agreement are on file i.n the OfTice o� the City Engir_eer and arz incoYporated izzto t�-s ��rcament b;r �his referer_ce. Ali ra�erenc�s in thzs Rgreement � to the Improvement Plans shall include refex'ence to any specification.s for the improvements as approved by the City Engineer. F. An estima�e of the cost for cons�ruction or the public improvements and performing land development wox'k in connection with �he improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amoun.� is stated on Page 1 of this Agreement . The basis for the estimate is attached as Exhibit "A" Co this Agx'eemen�. -3- Rh[PUBIDJE11597 G_ CsTY has adop�ed stanaards ior tne co.struc�ion and insLallation oi imnrovemen�s witnin the CTTY. !ne �mprovemer.t ??d�S �aVE De�n pr�nared 1� COnLOL�dnC� 411�h C1i`T S��d�a5 1Z e��ec� on the date o� the Resolu�ion o� Approval . H, ��l p�b?ic imprave<«�r_t monuments, stree� signs, and stak?s as speci�ied on the final map are to be conpleted prior to `inal for�al acceptance by the Ci�y Cou�cil . Individual pzapzrty monuments must be installed within one ye�r irom the form�l final Cou�ciZ acceptance of said SUBDIVTS�ON. I . SUBDIVIDER recognizes tnat by approval oi the �inal map zor SUBDIVISION, CITY has conferxed substantial rights upon SL'BDIV�DER, including the rignt to se?�, lease, or fin�nce lots wiCh�n the SUB�sViSION. As a resul�, CITY will be damaged to the exter_t ot the cost o� installation of the improvements by SUBD�VIDER' s failure �o perfortn its obligations �o commence cons�ruction of the improvements by the time established in this 1gr�U��r� . CT_TY sha11 be entitled to a11 remedies available to it pursuant to �hi.s Agreement and law in the event of a default by SUBDTVIDER. Tt is spec�ficaJ.ly recognized that the determinatian of whether a reverszon. ta acreage or rescission of the SUBDIVIST_ON , constitutes an adequate remedy for de�ault by the SUBDIVIDER shaJ.l � be within �he sole discretion o� CITY. -4- RMPUBl�IE1i597 . . NOW, THEREFORE, in consideration of the approval and �ecordat_on by t�e City Council of the fina? map o� the SiJBD�V�S�ON, Su3DTVIJ�R and CITY agree as rollows : (?) SLBDIVID�R' s Oblication to Construct ?mDrovemer.ts . SUBD3VTDER shall : (a? CompZy wi�h al� the requirements o� the Resolution o� Approval, and ar_y amer_dmen�s thereto, and wiCh the provisions oi the Subdivision Laws . (b} Complete at SUBD=VIDER' s own expense, a1J. the public improvement wcrk r'equi.z'ed by the Reso�ution of Approval in conformance with appraved Tmprovemen� PZans within one year from date of execution of thi.s Agreeraent; provided however, that the zmprovements shall no�. be deemed to be comp�.eted uz�ti� accepted by � City Council as provided in Section (17) hex'e�n. (�} Furnish the xzecessary �naterials for completion. of the public improvements in. coniormi.ty with �he Improvemen.t Plans. (d) Acauire, or pay the cost o� acqui.sition by CITY, and dedicate all za.ghts-of-way, easements and other interests in. real property for construction and instaJ.lation of the pub].ic improvements, free and clear oz all liens and encumbrances. The SUBDIVIDER' s obligati.ons with regard to acquisition by CITY of otf- site rights-of-way, easements and ather interasts in real prnperty shall be subject to a separa�e agreement between SUBDIVIDER and RMPUR\ll7E1[597 r 5 r CTTY. SLTBDIVI��R srall also be respor_s�ble `or obtaining any public or przvate sanitary sewer, domestic w��er, �rainage, and/or UC.��?i.`I �wS�[il27li S Or autho�iZ.��lOI'! CO dCccmrnodate i.t-!e."'' SU3DTVISI��1. (e) CORiR1G'riCE COL1S�'•_"L1C�10�? Oi C:"?e iTripZ'OV�merits DV i.i'!E �.iiile GSi.ab1.1S�].Ea lil S2Ci.lOri {22} a: thiS �:SZ'�eIRE:l� aI2� comple�e tne improJ�ments by ��e deadline stated in Section (1� (b) �bov�, ur_less a time ex�ension is grant?d by the CITY as zuthor_zed in Secti.on �22i • (f) Install all StP3DIVISION public improvement monumen�s reaui�sd by law ar_d prior �o forma� final acceptance of the public improvements by CITY. In.d.ividual property monuments shall pe instal.l.ed w�thin one year or said acceptance. (g) l�.st�ii street name sign.s conforming to CITY sLar.dards . Perrnanent street name s�gns shall be installed before acceptan.ce of the improvements by CZTY. • (2} Ac isition and Dedication of Easem�nts or Ricrhts-or-Way. It any o= the pubi ic improver�ent and �.and use development work contemplated by this Agreement is to be con.s�ructed o� installed on land no�. own.ed by CT_TY or SUBDIV?'D�R, no cor_struction or installation sh�ll be cammenced bezore : {a} The o�fer of dedicatian to CITY of appropriate righCs-oi-way, easements or other in�erests in real px'operty, and �,urus�i��s9� -6- aporopriate authorizat�on �rom th� �ro�er�y owner to a11ow construction or insta-?�atian oz the improvements or work, or (�) �he dedicatior. to, and accenta�ce by, GITv of anpro�riate rights-oz-way, easements or other interes�s ir. real property, as deterr�inea by t�e City Engineer, or (�} The issuance by a court of competezt juxisdiction pursuan� to the State Eminent Domain T.,aw oi an order ar possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this SecCion {2) shall be construed as authorizing or graz�.ting an extension ot �.:ime to SUBDSVIDER. S..cur�.t SUSDIVIDER shall at all �imes guarantee t 3) �--Y• SUBDIVI�ER' s performance by furnishing to CITY, and maintaining, gaod and sufiicient security as required by the Subdi.vision Laws on forms approved by CITY for the purposes and in the amounts as follows : � (a) to assure faithful performance of thi.s Agreement in regard to said improvements in an amount of 100% of the estimated cost o� the impx'ovements; and (b) to secure payment �o any contxactor, subcontzactor, pex'sons renting equipmen�, or fux'nishing labor and materials for �he a.mprovements required to be constructed and installed pursuant -�7_ RI�UB�DJE�1597 „ �o this Agreement ir. the add�Ciona� amoun� o� SOs oz �ne estimated cost o_ the imorovements; and (c} to guaran��e aY =�arranty the wo�k done pursuan� ta tnis Agr�ement tor a pexiod c� or_e year fol�owir.g acceotance th�re0_ bV CIT� agains� an�r de`ective work o= labor dore or d�i2C��Ve materialS iurnished 3P th� addiL?On�l d�iOUR� OL �aS Of the est�maCed cos� of the improvements; and � (d) SUBDIVIDER shall also =urnish to CITY good and suz�icient security in the amount oL one hundred percent {700%} o� the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1) {f) �or a period -of one year plus Chir�y (30) days trom formal acceptanc� by the Ci�Y Cou�cil . The S2CllY'1�1�5 requ�red by tnis �greement sha�1 be kept on zi1.e with the City Clerk. The terms o= the security dacumen�s referenced on page 1 of this �gr�ement are incorporated into this Agreement by th.is re�erence. I� any security is replaced by another appx'oved security, the replace�r►ent shall : 1.} comply with all the requix'ements for security in this Agreement; 2? be provided to the Ci.ty Engineer to be .£iled with the City Clerk and, upon filing, 3) sha11 be deemed to have, been made a part af and� incorporated into this AgreemenC . Upon prdvi.siors o= a replacement -8- RhiPUH�DJfi11547 security with the City Ln�ineer and filing oz a replac�men� security with Che Cit� Clerk, the former security may be released. (c_) �lterations 40 1fiD�OV2m@�C °la�s - {a} �ny cnanges, alt�ra�ions or additions to the Improvement plans not exceeding ten percent (10�} ot t'r.e or�gir.al est�mat�d cost of t�:e improvements, wnich are mutually agreed upon by CITY and SUSDIVIDER, si�ali not relieve the improvement secuxity given for faithful perrormance o£ this Agreement. In the event such changes, alterations, or additions exceed 10°s o� the original estimated cos� of the improvement , St3�DIVIDER shali provide impravement security for faithtul performance as requirad by Sec�ion (3? oi this Agreement for ane hundred percent (140°s) of the total estimated cost o� the improvements as changed, altered, or amended, minus any comp].eted Part�.al xe�eases allowed by SzC��O� (6) of this Agreement. (b) The 5LT�3DIVIDER snall construct the improvements in. accord�r'-C2 wi.t`� C?TY standards �n ef=�� a� the time of adoption. of the Resolution of Apprbval. CITY reserves the righ� to modi�y the standards app].icable to the SUBDIVISION and this Agreement, Wh�� necessary to px'otect the public safety or we�fare or compZy with applicable state oz federa? law ox CI'I'y zona.ng ordinances . rr SiJSDIVIDER requ�sts and is granted an extensi.on of time �Oz r9Y RMPUB�DJE11597 - � completion oE the improvements, C�TY may apply the standa�ds in �zrect at the t�me o�_ the e�tenszon. (�} �nsoec�zon. SL�DIViD�R sha?1 a� a�l �?mes mair.4ain nroper �ac�?i�ies and safe access �Or �P_SD2Ct10� of th= public improvements by CITY ir.snectcrs and to �ne shops wherein anv wo�k is in preparation. Upon comple�ion of �he work, SUBDIVIDER may reQues� a fi�al inspection by the City Engineer, or the City Engineer' s authorized representative . Ii the City Engi�eeY'� or the desigz�.aLed representative, determines that the work has been com�leted in accordance with this Agreement, then the Czty Enginee� shall. certizy the completion of the public improvements to the City Council . No impx'ovements shall be �'inally accep�ed by the CitY Council un.less all aspects of the work have been inspected and •campl?ted in accordance with the Improvement Plans . When applicable 1aw requires an inspecti4n to be made by City at a particular stage o= the work of constructing and installing such z.mprovemen�s, CITY shall be given timely notice of SUBDIVIDER' 5 readiness for such inspec�a.on and SUBDIVIDER shall not proceed with additional wor}c until th� ir�spection has been made and �he work app.r_oved. SUBDIVIDER shall bear all costs of inspection and ceztification. No impro�vements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. � -�.0- ' RMPUB�DJt.li597 w . (o) Release o� Securities _ The securitwes ��uired by this Agreemen� shall be released as tol�owing: {a) Sec��_i�y given Eor �ai�hzu� per�ormance o� any act, obl=ga�'c�, wor'.{ o� agreeme�t sha?� be �e�eased upon the iinal completion .and acceptance oL the act or work, subject to the �rovisions o� subsection (b} herYof. (b} !he City Engineer may release a portion oz �he seciir�ty given for �aa.thful pexzormance or improvement work as the improvemer_t progresses upon anp].wcation thereof by the SUBDIVIDER; provided, rowe�rer, that no sttch re?ease sha�1 �e for an amount less than twen.ty-five percent (25%) of the total imnro�rement secux'ity given �oz- faithfu? performance oi the improvement work and that the security shall not be reduced to Gn arnount I.ess than. fir�y pe�cent (50s) of the total imnrovemezzt security given for �aithful per;�o�nance ', until fi.nal completion a�d acceptance or the improvemezzt work. In no even� shall the City Engineer authorize a release o� the improvement security whicn would reduce such security �o an amount belaw that required to guaran�ee the completion of �he i.mprovement work and any other obligati.on imposed by this Agreement. (c) Security given to secure payment ta the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment sha11, at six (6) months after completion RMPtJB1DJ�11597 -Z�' a:+d acc�ptance oi c�e work, be reduced to ar. amounL equal to no ?ess t�an 125s a� the_ total claimed by a11 cl.airnants zor whom Iiens ll�uV2 b�'.�Il i11.?G" d?'!Gj OL 5Jf!1CI7 T?Ot�C? f1u�.S DeP:l g1V@'_1 t0 the C�T��r nlus a�! amaunt reasonably Geter:�ined by �hs CiU_v E�gineer to be reauired to assure the per�ormance o� any other obligations secured by �h� Szcurity. The balance oi the security sha11 be released upon the set�lement of al:� claims and obl�.gatior_s for which the security was given. (d) No security given for the guarantee or warranty of work shall be released until the expi.ration oi the warranty period and until any claims filed during the warranty period have been settled. As provided in Section. (1.0) , the warranty periad shall. not commence unti� formal final acceptance of a1.1 the work and �improvements by the City Council . (e) CITY may retain from any securiLy released, �.n amount sufficient to cover costs and reasonabl.e expenses and fePs, including reasonable attorneys ' iees . (�} In.�ury to Public Im�rovements Public Proner�v or Publ.�.c Utilities Facilities . SUBDTVIDER shall replace or repair or have replaced or repaired, as the case may be, a11 public improvemezits, public u�ilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of arxy work under this Agreement . SLTBDIVIDER shal.�. bear the entire cost of replacement or -12- �usw��is�� epa�rs o= any ar.d a�? public or public ut-1�ty proner�y damaged or destrcyed by reason of any �vork done under tnis Agreement, whethex- sucz :;operty �s owned by trz linited States or any agency thezno�, Oz' �fln S��t�' Oi Cd�3r01'i la� OS dRV agency O'_"' n0�1t1Cd� SUDC.�.'V1S1Qri �r!eY'e0= , or by CI^Y or an�r publ:.c or r�rivate utility corporat?on or by any combinaCian o� sucn aw:zers . �~�y repair or replacement shall be to tne sa�isfactior_, and subject to the apgroval, ot the Ci�y Engineer. (8) Permits. SUBDIVTDER shall, at SUBDrVIDE2' s expense, ob4ain all necessaxy permi�s and licenses for the constructa.on and Znstallation of tne irnprovements, give aIl necessary natices and pay al� fees and taxes required by law. (9) Default of SUBDIVIDER. (a) DefaulC of SU�BDIVI�ER shal�! i.nc7.ude, but not be limited to,� (1) SUBDIVIDER' s faalure �o t�mely commence constructian oT this AgYzement; (2) SUBDIVIDER' s �aa.lure to timely complete construcGion of the improvetnents; (3) SUBDIVIDER' s �ailure to timel.y cure any defect in the improvements; . -13- R1�iPLJS�DJ611597 , _. (a) SiJBDIVIDER' s �ailure to perLorm substantial construction wo�k ior a period oz twenty {20} calendar days after commenc�ment or tne work; t�� g�DrJ��R' s insolvency, appointment of a Yeceiver, or �re iiling of any petitior_ in bankrLptCy ei�her volun�.ary or i.nvoluntary which SUBDIVTD�R iails to d�schaxge within thirty (30} days; (6) the commenc�ment of a foreclosure action against �he SUBDTVISION ar a portion thereaf, or any conveyance in l.ieu or in avoidance o£ toreclosure; or (7} SUBDIVIDER' s failure to perform any other obl.igation under this Agreement . (b} CITY reserves to itself a11 remedies available to it �at law or i.n equity �or breach a= SUBDIVIDER' s obligations under this Agx'eement . CiTY sha�l have the right, subject to this Section, to dxaw upon or utilize the appropriate security �o r�.i�icsate CITY' s damages in event ot defauit by StP3DIVIDER. The right oz CITY to draw upon. or utilize the security is additional to and not in lieu of any o�her remedy avai.lable to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost o� construction or installation of the improvements and, therefore, CITY' s damages for SUBDIVIDER' s detault shall be measured by �he cast af completing -14- RiNPUB\D]E11597 �ne required imp�ovements . The sums �rovided by the i�provement security may be used_ by CITY for the �omple�ion o= the public r witn the �m�roveme�t plans and �.,l,p�ove!�ents in acco_dance , , spec�rications cor_tained herez.n- In tne ever_C oi SUBDIVSDWR' s default under th�.s Agreement, SUBDIVIDER authorizes CITY to per`orm such obligaCiorz twenty (20} da�js azter mail�ng wx'itten no�ice of deLaulC ta SUB�.��7iD�R and to SUBDl'VTDER' s sureC.y, and agrees to pay the entire cost of such performance by CITY- �ITy cnay take over the work and prosecute the same to completian, by contract or by any other method CITY may deem advisabl.e, for the account and at the expense of SU�DIVIDER, and SUBDIVIDER' s surety shall be liable to CITY for any excess cost or datnages occasion.ed CITY Chereby. In such event, CITY, without liability for so doing, may take possession o�, and util.ize in completing the work, sucn materials, appliances, plants and other property belonging ta SUBDIVIDER as may be on the site af �he woxk and necessary for per�ozmance o� the work. {c) Failure o� SUBDTVIDER �o comply with the tercns of this Agreement shall constitute consent to the filing by CITY of ' natice o� vzo7-ation against all the loC.s in the S[.TBDIVISION, ar to rescind the approval or atherwise revert the SUBDSVISION �o � acreage. The remedy provided by this subsection (c) is i.n addition � � � -I5- RMpiIB�DJ�i597 „ _ �o and not i� lieu oi otner remee_�s ava��3�lz to CITY, SUBDIVTDER agrees that the choice of remedy or remedies zor SUBDIVID�R' s bre�cr shall be in tne discretion or CITv. �d) Ir. the event tnat SUBDIJ:�ER =ails to pe�iarm any obliga�ion hereunder, SliBD�V��R agr�es Co pay all costs and e;zpenses 1�CLrr�d by CITY in securir_g perrorma�ce o` such ob�igaCions, including but not Iimited to fees and charges of architects, engineers, attorneys, other professionals, and court COS�S - (e) The failure of CITY to take an enforcemen� ac�ion with respect to a de�ault, or to declare a breach, shall not be construed as a waiver of that defau�t or breach or any subsequent dQ�ault or breach of St3BDIVIDE�. (10) Warrantv. SUBDIVIDER shall. guarantee or warranty the work done pursuanC, to this Agre�tnen.t =or a Pe��.od of one year after zinal for�tal acceptance of the SUBDIVISION by the City Counci� agains� any d�fective work or labor done or de�ective materials �urnished. Iz w�thin the warranty period any work or improvement or part of any work or improvement done, furni.shed, �.nstalled, or constructed by SUBDIVIDER fails to �ulfi.lJ. any of the requirements � of this Agreement or the improvement plan.s and speca.fications referred to hexei.n, SUBDIVIDER shaZl without delay and without any cost to CITY, repair or replace or reconstruct any defec�ive or -lb- RMPUH�DJ�.I i 597 o�herwise unsa��sra��o�l part or parts o� �he wor� or structure. Should Su'BDIVID�R ia�1 to act prompt?y or in accordance with tris �vGulr�ment, SU��iV!DL� �ere�y auC�Or12�S �!TY� �� L�Tv� 5 OD�IOP.r i.0 i7�r'iCr'iTl t�12 4dO�it �tve:?ty �2�� days d��T" [ild].�j:1G :yT?�t�ri riOt.iC� oi. de�ault to SunDI�j�DER and �o SUSDiViDER' s sur�ty, and agrees to pav th� cos� of sucn work by Cily. Silall�Q CiTX determine tha� ar. urgency rectuires repairs or replacemen�s to b� made be�ore SU'�3�'i�7?'DER can be noLified, CImY may, �n its sole discretion, make the necessarl x'epairs or replacement or perfarm tn� r_ecessary work and SUB�rVI�ER shall pay to CITY C.�e cost o� such repaa.rs. (11} SUBDIVXDER Not Pqent o� CITY- Neither SUBDIVIDER r_or any of SUBDIVIDER' s ager.ts, contractors o?- subcor_tractors are or shall be considered to be age��s of CITY in conr_ectior_ wi�h the performance af SUSDIVIDER'S obligati.ons under this Agreement. (12) In-�uz�v to Work. Until such time as the i�provements are acc�pted by CITY, SUBDIVIDER shall be responsible for and bear the risk o� loss to any oi the improvements cors�ructed or inscalled. i3ntil such time as all improvements required by this Agreement are �ul.ly completed and accepted by CZTY, SUBDIVIDER will be restaonsible for �he cara, maintenance .o�, and ar�y damage to such improvements . CITY shall not, nor shall ar�y officer or employee thereof , be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring �o the work or � -17- R.�UB�DJ�11597 - _ improvements speciiied in this ��reement prior to the ccmple�ion and acceptance o£ the wark or improvements. All such risks sha�l be tne respons�bility o� ar_d are hereby assumed bv SUBDIV�DER. {13) Envi�onmental warrar_tv. Prior to une acceptance o� any dedications or improvements �v C�TY, SUBDIVI�ER snall c�r�i�y and warran� that n?ither the property t4 be dedicated nor SUBDIVIDER is in viol.ation oi any envi.ron�enta� law and n�ither the pxoperty to be dec�c��ed raor zne SUBDIVIDER is subject to any existir.g, pendir_g or threatened investigation by any federal, state or local aotiernmental. �u4hority under or in connection with environmental law. Neither SUBDIVTDER nar any thi.rd party will use, generate, manutac��z�e, produce, or release, on, under, or about �he praper�y to be dec�ica�ed, any hazaYdous substance except wrs compla.ance w�th a11 appl.icabl.e environmental 1.aws. SUBDIVIDER has not caused or permitLed the release of, and has no knawledge of the release or presezxce of, any hazardous substance on the property to be dedicated or �he migration of any hazardous substance fram or �o any other property adjacent ta, or in the vicinity df, the property to be dedica�ed. SUBDIVIDER' s prior and present use of the propertlr t•r� be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shal.l give prompt written rzotice to CITY at the address set forth herein of : �rus�r�ts�� -18- - . �� ny proceeding or ir_vestigation by any tederal, state ar local governmental authority with respect to the presence o` a:ly nazardous SUDS��C@ on �he pronerty Ca be dedicated or the migration thereo� from or ta any other prope�ty adjacent to, or in the vzcinity oi, the oropercl ta be d�dicated; (fl) A�y claims made or tnreat�ned by anf third party against CITY or the property ta be dedicated reJ.ati.ng to any loss ar injury resulting zrom any hazardous substance; and, (c) SUBDZVTDER' s discovery o?' any occurrence ox' conda.tion on any proper�y adjoining in the vici.nity or the propezty to be dedicated that could cause the property to be dedicated or any part thereo� to be subject to any restrictions on its � ownership, occupancy, use foY the nurpose tox' which is it is intended, �rar_sferabil.iry or suit under any environmentaJ. law. (1a) Other Aareaments . Not'r3ing cantained in this Agxeemer�t shall preclude CITY from expendi.ng monies pursuant �o agreements con.currently or previously executed between the parties, or fx'om entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other imr�rovements, puxsuant to the provisians of the CITY ordinances providing therefore, nor shal]. anything in this Agreement cammir CITY to az�y such apportionment . -I9- RMPUB�DJ611597 (15) SLnDTV'aE�'5 Obl�aatior. to ��wn Pu�lic Durinq Construction. Unti�_ formal �inal acceptance of the improvements, SL�DIVIDER sna?1 g_ve good and adecruate warnzng to the public oz eacn azG e,rery �dP_g2r0115 eondition e��stent ir said improvements, and w��l take all reasonabl� ac�ians Lo pratec� th� public =rom such dangerous condition. (16) Vestina of Ownershio. Upon formal final acceptance o= the work by CITY and recordation of the Resolution oF Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. {17) Final Accentan�e of Wark. Acceptance of the work on behalf oi CITY sha�l be made by the City Council upon recommendation or the City Engineer after f�na3 completion and inspectio� of a31 imnYovemencs. The City Council shall act upon the Engineer' s recommEndation within sixty (6�) days from the date �he City Engineer certif?es that the work has been finally completed, as provided ir_ Sectior_ (6) . Such acceptance shall not consti�uCe a waiver of defects by CITY. (18) Indemnitv/Hold Harmless . CITY or any offi.cer or employee thereof sha7.1 not be liable tor any anjury to persons or property occasioned by reason of the ac�s or omissions of SUBDIVIDER, its agents, or employees, con.tractors and subcontractors in the performance_ of �his Agreement . SUBDIVIDER turther agrees to RMPU9�DJ�1S97 _2�r protect, deFend, ir.demlliry and hold 'nar�l�ss CITY, �ts of��cials, baards and commissions, and members thereo�, agents and employees ==om an�� and ai? c?aims, demar_as, causes o� action, liability or ioss of any sort, because oi, or arising ouc of, acts or omissions o` SLBD�VID�'P., its ag��:_s, emp?oyees, coi?trac�ors and subcontractors zn the per�ormance o� this Agreemer_t, except for such clai.ms, demands, causes o� action, ?iability, or loss ariszng out of �he sole active negligence of the CITY, its officia?s, boards, commissions, the members �hereoz, agents, ar.d employees, including a1.]. claims, dem�nds, causes of action, liability, or loss because or, o� arising ou� of, in whoJ.e or in part, the design or cons�ruction of the imnrovements. This indemnifa.catior_ and agreement to hold harm].ess shal7. extend to injuries to persons and - damages or taking of property xesulting from the design or construction of sawd SUBDIVISION, and the public i.mprovements as provided herein, and in addition, to adjacent propezty qwners as a consequenee oL the cliversion or waters from the design and canstructioz� of public drainage systems, s�reets and other public impzovements . Acceptance by CITY o� the impravemen,ts shall not �on.stitute an assumption by CITY or any responsa.bi.].ity for any damage or taka.ng covered by this Section. CITY shall not be responsible zor the design or construction of the property to be dedicated or the impravements pursuant to the approved improvemen.t �.�,crua�r�ts9� -21- pla�s or map, r�gard�ess o� any negliger.t actian or znac�ion taken by CITY in approvi�g the plans or map, unless the �articular _��rovement des�gn �as speci�=cally req�u�r�d by CI!Y over w:itten objec�ion by SUBD�v�DuR submi�ted to the City �ngizeer b�;ore an�ro�ra? o� t�e par�icular 1RArQVenent des?gn, w�ich objec�io� ir_dicated �hGt the �articular improvement design was dangerous or de�ec�ive a�d suggested an �lternative sa=e and reasible design. �fter acceptance of the improvements, the St3BDIVIDER sha11 remain abligated to elzmina�e any defect in desigr_ or dangerous condition caused by the design or construction defec�; however, SUBDIVIDER shall not be responsible for routine ma�ntenance. Provisior_s of this Section sha11 remai� �n full force and e�f�ct ior ten (7.0) years zollowing the acceptance by C7.TY of �he improvzments. TG is Che a.ntent of this SecCion trat SUBDIVIDER shall be responsib].e for all Iiability for design and construc�i•or. ot th� i.mprovemen�s ins�aJ.led or woxk done pursuan� to this Agreement and tha� CITY shal.l not be liable fox any negJ.igence, nonteasance, mis£easance or malfeasance in approving, reviewing, . checking, or inspecting any wor}t or canstruction. The improvement securw-ty sha1J. not be requa.r�d to cover the pravisions of this Section. SUBDIVIDER shall reitnburse CITY for all costs and expenses (incl.uding but not limited to fees and charges af architects, RbiPUB1DJE11 S97 —2 2— engineers, attorneys, and other protessionals, ar.d court costs) incurred by CITY in-enforcing the pwovisions of this Section. (19) Persona? Vature o� SL'BDIVIDER' S Obli�at�or_s . A 1 1 o i SLTBDTvwDER' s obliga�ions under Chzs agreemen� are and shall remain �he personal obligations oi SL'BDIV�DER nntwithstar.ding a transfer of all or any parC of the property withzn the SUBDIVISION subject �o this Agreement, and SUBDTVTDER sha�l not be en�itled to assign its obligatzons under this Agreement to any trans�eree of all or any paz� of the praperty within the SUBDIVISION or to any other th�rd party without the express written conser_t oi CiTv, (20) Saie or Dis�osition of SUBDIVISION. Seller or other SUBDIVIDEP may reguest a novation of �his P_greement and a , substituCion of security. Upon approval of �he novation and substitution of securities, the SUBDIVIDER may requ�st a release or reduction of the securities reauir�d by this Agreemen.t . Noth.ing in Che navation sha11 relieve the SU�DIVIDER of the obligations under Sectzon (18) for the work or improvement done by SUBDIVIDER. (21) Time o£ the Essence. Time is of the essence in the , per�ormance o� this Agreement . (22} Time �or Ctimmencemen� of Work� Time Extensions . SUHDIVIDER shall commence substaxz�zal c4zzstx'uction of the improvements required by this Agreement not 7.ater �han six (6} months a�ter the date of this Agreemen� . In the event good cause RMPtlS1DIEti597 -2'3- AX�SLS �S deter�ined by �re ��tV ��gzneer, tlld L�� f�� comm�ncement of construction oz complet�on af the improvemen�s hereur_der may be extended for a period or neriods not e:tc��ding a cotal o= two (2) additional ,v�ars. The ex�ension shall be �xecLted in w_zting by the CiCy Eng?ne�=. A�y such extens�on may be grar_ted w��hout no�ic� to SL��IVIDER' s sur�ty and shall not aFfect the validity of this Agreement or release the surety or sureties on any secu�ity given £or this Agreement . The City Engineer shall be the sole and �ina1 judge as to whether or not good cause has been showrx to entitle SU3DTV2DEP. to ar_ extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by s�orm or incl.ement weather, strikes, baycotts or similax' polit�cal. actions which prevents the conduc�ing o� work, which SiJ3DIVIDER cou?d no� have reasonably foreseen and, furthermore, were not caused by or contribu�ed to by STJBDrVTD�R, sha7.I. corzstitute good cause for and extension of the time for completi.an. �s a condition of such e.ctension, t:ne Ci�y Er�gir_eer may requi=e SUBDIVYDER t0 furnish new security guaranteeing per�ormance of this Agreement as exc�nded in an increased amount as necessary to compen.sate for any increase in construction costs as det•Ermined by the City Engineer. �vew��is9� -24- (23) No Vestincr of Riq_hts . Perforn�ance by SUBDIVIDER o: this Agreement shall no� be cons�rued to vest SUBDIVIDER' s rights with r�snect to any changz in aZy zo�+?ng or building law or ordinance. (2S) Notices . Al1 notices required or qrovided for under this �:greement sha?1 be �n writi�g ar_d delivered in persor. or sent by m�il , postage prepaid and addressed as pravided in this Section. No�ice shall be effectivz on tne da�e it is delivered in person, ar, if rnailed, on �he date of deposi� in Che United States mail. Notices shalJ. be addressed as £ollows un7.ess a written change of address is filed with the Ci�y: Notice to CITY: Czty of Palm D�sert 73-510 Fx-ed Waring Drive Palm Deser�, Cali£oXnia 92260 Attn: Public Works Directar Notice to SUBDIVIDER: �l'4Uc � �v� � U YNC✓1�7 �jfUV� � 7 3 • U i �=r �,r � �. �nn c � C IA 2 Z 7 0 `t"_ v ,� f P �' No�i.ce to SURETY: 1 Y� Surav�rx ��.nn�1-, o-�-��-c.W�S'�' t�• � �O K _R S �,., C - -�a� ��c� _ G,Q ci ZI A�- SSrv3 (25) Comx�liance With �Laws. SUBDIVIDER , its agents , employees , con�ractors and subcontractors shall comply with all federal, state and local � laws ?n the performazzce of the impro�vements and land deve�.opment work required by this Agreement . tzn�teve�n�ts�� ' -2 5- (26) Severabilitv. The pravisions ot this Agreement are severable . I� any_ portion o� this Agreement is held invalid by a COL'iL o: compeLent jurzsdic�ion, �he r2mainder of the agreemer_t shal? remain in full torce and eff?ct un�ess amen�ed or modiLied bv the mutual cor_sent of the Dd?"�`.les . (27} Caa�?ons. The capCions or this Agreement are zor cor.venier_ce ar_d reference only and shall not de£ine, explain, � moc'tify, 1.a.mit, exemplify, or aid in Che interpretat�on, constzuction or meaning of any provisions of this Agreement. {28) Li�iaatian or Arbitration. Tn the event Chat suit or arbitration is brought to enforce �h� terms of this Agreement, the px-�vailing party shall be entitled to litiga�ion costs and reasonable attorneys ' fess. (29) Tncornoration o� Recitals. The recitals to this Agreement a�e hezeby incorpora�ed in�o in the terms of this Agreement . {30) Entire Aczreement . This Agx'eement constitutes t2ze enta.re agreement of �he parties with respect to the subject matter. A11 modifications, amendments, or waivers of the terms ot this A�reemen� �must be in writing and signed by the appropriate representatives of the parti.es . (31.) Tnternretati.on. Th.is Agreemertt shall be intex'preGed in accordance with the laws of the State of California. xr.�traw�i sv� -2 6- , (32) Jurisdic�ion. Jurisdiction of all disputes over the terms nf this Agreement shall be in the CounCy of Riverside, State o� Ca�ifornia. /// /// /// /// IV WITNESS WHEREOF, this Agreement is executed by the par�ies as of the date hereinabove first written; by CITY, by and through its Mayor. � CZTY OF PALM DESERT SUSD IDER � t/Ll L . ��t'/�r�`✓�` �+?/jC i� .��gy: SUBDS IDER MAYOR {PWaper NotarizaCion oz . SUBDIVIDER' s signa�ure is required and shall be attached) ATTEST: CITY CLERK ' APPROVED S TO FORM: � CITY A ORNEY xr�cra��i s9� -2 7- � .._ . '°i.` CALIFORNlA ALL-PURPOSE ACKNOWLEDGMENT Y'��`��`.�-��`_�'��.�'(�.`;F%c;C':c4`.��C'-'.c.�'.�C.c�`�-ti`��S�:Yh��'t�.�`��.cc�.�C`�,o..'Y; ��y '�� Z'; ;5 �; State af Cafifomia �� ; ss. � �{ County of �iVe(Sl G12J 1�I ,j i � � � r `,(�a �n �anJGA't� �a �� beforeme, �QUrGc �•�u� !VO'�7�(A'u/ ��tb1�L � Or4; ate Name and T�Ife o�Oflicer(e.g.,'Jane'a,Natary PuD�c'� � �ri personaf{y appeared f�bt d.N 2 YVP►rl�.� � Namn(s)d Siqnar(s) � � ,,,� �personally known to me �� L�proved Eo me on the basis of satisfactory ;5 � � ; evidence � � � � to be the person(s) whose name(s} is/are � � subscribed to the within instrument and i� � acknowledged to me that he/she/they executed � ithe same in his/her/their authorized � �! capacity(ies}, and that by his/her/their � �A�� signature(s)on the instrument the person(s}, or � ;� ��j� the entity upon behalf of which the person(s) � ;. � _� �yR�_C�� acted,executed the instrument. ;� � � �y�y�,��j� WITNESS my hand and official seal. i� � r:� �'��,. Signanueof Natary Puclic t�� f:° � � ;'�> � � OPTIONAL � � Though the information belaw is rtot required by law,ii may prove valuable to persons relying on the dacument and could prevent � � iraudulent remova!and reattachment of this form fo another document. �j) �� Description of Attached Document � �,�I � Title or'fype of Document:�d�jGt l�i�rf1 a� ��Pr��--� .��2� ?�Y ,,� 1 �j ��, t1�� Document Date: !'U`7"0-$ Number of Pages: i� r: ;� �; Signer(s)Other 7han Named Above: �; t� � � � � Capacity(ies) Claimed ay Signer � , �'F Signer's Name: � � . • '.�) �' O Individual �op ot Ihumb here • r� �' ❑ Corporate Officer—Title(s): _ � �� ❑ Partner—CI Limited ❑General � O Attorney-in-Fact 1 i` ❑ Trustee i t O Guardian or Conservator O Other: � ( . �� Signer Is Representing: `, � �) L'�I��.V" _' ' " ' ' _ '._. _ _ .—. ' _ _ ._. - � � ' 1J O 7989 kational Notary A.saia�ion•4350 De Sete Ave.,P.O.Box 2402•Chatswo0.h,CA 41313-24D2•www.nationalnotary.oig Piod.No.5407 Reorder.LaN TolbF�ee 1-000�876•6827 y�:!..�„yY*.p.�, � . , _�r�....:y-:5,�,;t, � . . . . �' . �, .. _ . .. �� . - x � �j—�.0 �'i:;'.�l `��.ii:�\�� I�.'� I � f.i?\1 �`_S�:tr. L.:1_�.��i'<?.t y'��i0—_�'3 �^ � rF�.: ;60 ;.�b—o6Ti �•� F.i\: ;b0 3-l�--og3 - i n rii t?a,ti m-.i,-sr::.o r, — �X1�1 t3 rT '�/,�`` BONDS AND FcES SUMNiARY PROJECT: Tract 32420 DATE:_September 20. 2004 BONDS: FAlTHFUL PERFORMANCE (GRADfNG) . . � 251,749.�0 �ABOR AND MATERiA�S $ 125,874.00 TOTAL BONDS $ 377,623.00 CASH DEPOSiTS: PM 10 PERFORMANCE . . . � 25,400.00 MONUMENTATlON . . . . $ �,5pp.p0 T�TAL CASH DEPOSITS �� $ 27,900.00 PROCESSiNG: . PLAN CHECK FEES: FiNAL MAP . . . . . . . $ 2,314.OQ GRADING PLAN CHECK . . . , $ 4,342.OQ PERMfT FEES: APP�ICATION PROCESSING . � . . � 199,00 GRADING 1NSPECTION . . . . . � 11,126.00 SIGNAL(ZATlON . . . . . . � 5,700.00 DRA]NAGE. . . . . . . � 19,050.OQ FR1NGE-TOED LIZARD. . . . . � 7,620.00 PARK. . . . . . . � 389,754.OQ '" T4TAL FEES $ 440,065.00 Prepared By: S. Johnson � Checked By: R. Pa e Garner .. - � � c.+r„��ow«��„�, , � I 1 ( � MfLKY ST I � i � i � y � �. z � i �, � f W � � � TR 32420 � � ; � ; � � STRAAA NOVA I v1A ��0 saKsaro a coRre cvRrE �� 4� j ti s��E SAN.1`fARCO v1a��aarrrnra � � Q 1 � �� MoRnN �i� �e� �� SrRAO A Z "V/A GIORNA—w� A_FORTU� �� , Q �� coRr ��vi�ats,a�� < � �� Q a � v, � v�a�'oRru a� � ! n' a >r�� a �a• � n,�s�Rrc E � � �� g�� 1 1 � �' b p �a i �0�0 �Fn � I �jQ'� � VIA SAN M i � � � � sG�.9 SAGF S/LKTREE w V! � cTeUS �� r a O I y p 4 Nw j � � Q Z P c aa 1 G � ORCHtDTREE J�.P ' t Mo��F�,pW�� CT �,�.G,� i �r Qo � oFp�b� LOCATOR MAP °%^'T��' TR 32420 � �� :. � `� � � DATE: e ��O�o�P�� 9/20�9 1 inch = 400 feet VICIN(T'Y MAP