HomeMy WebLinkAboutRelease Scty-Segovia of PD-PP-07-15 CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR PP 07-15 (SEGOVIA OF PALM
DESERT) AND ACCEPT THE ONE-YEAR MAINTENANCE BOND
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Segovia of Palm Desert
220 Concourse Blvd.
Santa Rosa, CA 95403
First Community Bank
Main Office
438 1 St Street
Santa Rosa, CA 95404
CD NUMBER: 01-4001997-6
DATE: June 24, 2010
CONTENTS: CD
Agreement
Maintenance Bond
Vicinity Map
Recommendation
By Minute Motion, release security for PP 07-15 (Segovia of Palm Desert)
and accept the one-year maintenance bond.
Backqround
Segovia of Palm Desert is located on the northeast corner of Monterey Avenue and
Country Club Drive. At the time of permit issuance, performance security in the total
amount of $259,417 was posted with the City for grading and off-site improvements.
Grading and off-site improvements are now complete. Staff has inspected the site and
found it to be acceptable. The normal one-year maintenance bond has been submitted
in the amount of 10 percent of the Faithful Performance amount.
Staff Report
Release Security for PP 07-15 (Segovia of Palm Desert) and Accept the One-Year Maintenance
Bond
June 24, 2010
Page 2 of 2
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By: Departm nt � d: ,
V_
��'t�ri.q�� �C�✓1G(_�,�
Christina Canales, Assistant Engineer Mark Gree ood, P.E.,
Director of Public Works
' -��G�
;1 CITY COUI�TCIL A�T10N
Paul S. Gibson, Director of Finance APPROVED ' D1+,NTED
RECEIVED OTH ER
MFETI�G DATE � "���' L'
Approval: AYF:S: e��s�i� ��r�Usvn ie�e � y
. ._;_. �
NOC�: � (
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' AR��NT: �/�
A1��7'Ai'�': /Vul7� _. �.--- ..._ _..
Jufi M. Wohlmuth, City Manager �,� i�����,,�� ���,., ����
OE�i�;ia1��9 ��n E`rle w�th (;'st�� �k�.•�:'s t�t'fic•c
v
Date 1'ax
Opened: 12/12/2008 Term: 12 Month(s) �p; 38-3786131
Numbcr:
Cer�ifica�e of Deposit
AcCOunt NUmber: 01-4 0 019 97-6
Dollar
Amount of
Deposit: TWO HUNDRED FSF3'Y NINE THOUSAND FOUR HUNDRED SEVENTE�N DOLI,ARS AND 50/100 $ 259,417,5p
This Time Deposit is Issued to: Issuer.
• Segovia of Palm Desert LLC . First Community Bank
CITY Ofi PALh1 DESERT Main Office
PLEDGED ACCOO23T 938 lst Street
Santa Rosa, CA 95404
Not Ne�otiablc -Not Transfcrable -Additional tcrms arc belotv. ~� By
Additional Terms and Disclosures
This form contains the terms for yopr time deposit. It is also the Minimam Bplance Requirement: You mast make a minimum deposit to
Truth-in-Savings discloswe For those depositors entitled to one. There
are additional terms and disclosures on page two of this form, some of open this acCount of$ i,o00.o0
which explain or expand on those below. You should keep one copy of
this form. l� You must maintain this minimum balance on a daity basis to earn the
Maturity Date:This account matures 12/12/2009 annual percencageyield @isctosed.
(See below for renewal inFormation.) Withdrawals of Literest: Interest ❑ accrued ❑ credited during a
Rate Information: The interest rate for this accounE is 2.96 % term can be withdrawn:
with an annual percentage yield of 3.0� %a. This rate will be
paid until the maturiry date specified above. ]nterest begins to accrue on Early Withdrawal Pcnalty: lf we consent to a request for a wididrawal
the business day you deposic any noncash item(for example,a check). that is otherwise not permitted you may have to pay a penalry. The
Inlerest will be compounded daily . penalty wili be an amount equal to: 90 days�
Interest will be credited monthly
to the account
interest on fhe amount withdrawn.
� The annual percenta�e yie[d assumes that interest remains on deposit Renewal Pdicy:
until maturity.A witl�drawal of interest�vill reduce earnings. � Sengle Malurity: lf checked, this account wi11 not automatically
❑ If you close your account before interest is credited, you will not renew. Interest D will O will not accrue after maturity.
receive the accrucd interest. � Automalic RenewaL• If checked, this account will automatically
The 1WMB�R OF �NDOILS�M�NTS needcd for withdrawal or any renew on the maturiry date.
other purpose is: Interest x❑ wilI p will not accrue after final maturity.
ACCOCJNT OWI�IGRSIIIP: You have requested BACKiJP W1THTiOLDING C�RTIFICATIONS
and intend the type of acconnt marked below. T�; 36-3788131
❑ Individual D loint Account � Taxpaycr I.11. Nu►nbcr - The 'I'axpayer O Exempt Recipients - I am an exempt
� 7oint -Husband and Wife�W;en��sn�ors�rv��a�n�P� Ide�tiFication Number shown above (T1N) is recipient under the Internal Revenue Service
G7 Communiry Properry -Husband and Wife my correct taxpayer identification number. Regulations,
❑ Tenancy in Common 0 Backu Withholdin T am not sub'ee[ A provision for my signature, certifying
❑ Trusr. Separate Agreerr�ent Dated to backup withholding e'igher because I have undcr penalty of perjury the statemcnts
not been notified that I am sub ect to backup checked in this section and that I am a IJ.S.
� BUSINESS withholding as a result of a failure to report Person (including a U.S. resident alien), is
all interest or dividends, or the In[etnal contained on the first copy of this
Revenue Service has notified me U�at 1 am no certilica[e.
❑ Totten Trust or ❑ Pay on Death longer subject co backup withhoiding.
Designation as deCned in this agreement •
(Beneficiaries'names and addresses)
�i1DORSEMENT5-SIGN ONLY WIIEN YOU REQUEST VVITTIDRAWAL
X
X
X
�� (�1993 Bankars Systems.Inc.,St.Cloud,MN Form CD-AA-LAZ•CA 11} 6!t ll2005 READ PAG�TWO FOR ADDITfONAL T�RMS (pege 1 0l 2J
Doc #10478
4
IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: I� � �.�-.. 2� p�
NAME OF DEVELQPER: ���GrnDN"r' ��j �t'�, �,,,�V���
(referred to as "DEVELOPER").
NAME �F DEVELOPMENT: S��C�/��
(referred to as "DEVELOPMENT").
DEVELOPMENT RESOLUTION 2�..1�
O� APPROVAL NO.: Resolution
{referred to as "Resolution of Approval")
IMPROVEMENT PLANS NO.: ���� "' I'J
(refierred to as "Improvement Plans"}.
ESTIMATED TOTAL C4ST OF IMPROVEMENTS:$ ��Jq �I� , ��
SURETY: �'��i'T' �c�,rnm.�,�r I�'- ��.T.��,�
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cp - GflS� "D�PoSt"os.:_ o t - �ao � � q 1 -- �
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This Agreemen# is made and entered info by and between the City of Palm Desert, a
municipal corporation of the Stafe of California, hereinafter referred to as "C(TY", and the
DEVELOPER.
RECITALS
A• DEVELOPER has presented to CITY for approval a Conditional Use
Permit/Precise Plan af Development pursuant to provisions of the CITY's
ordinances and regulations relating fo development approval.
B. A Conditional Use Permit/Precis� Plan of Development has been
approved, subject to the requirements and conditions contained in the
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t
Resolution of Approval. The Resolution of Approval is on file in the Office of
the Director of Community Development and is incorporated into this
Agreement by reference.
C• In consideratian of the approval of a Conditional Use Permit/Precise
Plan af Development for the DEVELOPMENT by fhe Planning Commision,
DEVELOPER desires to enter into this Agreement, whereby DEVELQPER
promises to install and complete, at DEVELUPER's own expense, alf the
public improvement work required by CITY in connection with the proposed
DEVELOPMENT. DEVELOPER has secured this Agreement by
improvemen#security required by the City and approved by the City Attorney.
�• Complete Improvement Pians for the constructian, installation, and
completion of the improvements have been prepared by DEVEL4PER and
approved by the City Engineer. The lmprovement Plans numbered as
referenced previously in this Agreement are on file in the Office of the City
Engineer and are incorporated into this Agreement by #his reference. All
references in this Agreement ta the Impravement Plans shall include
reference to any specifications for the improvements as approved by the City
Engineer.
E. An estimate of the cost for cons�ructian of the public improvements
and performing land development work in connection with the improvements
according to the Improvement Plans has been made and has been approved
by the City Engineer. The estimated amount is stated on Page 1 of this
RMPUBIVCD\760
Q
Agreement. The basis for the estimate is on file in the Office of the City
Engineer and is incorporated into this agreement by reference.
F� CITY has adopted standards for the construction and installation of
improvemenfs within fhe CITY. The Improvement Plans have been prepared
in conformance with CITY standards in effect on the date of the Resolutian of .
Approval.
NOW, THEREFORE, in consideration of the approval of the DEVELOPMENT,
DEVELOPER and CITY agree as follows:
1) DEVELOPER's Obli�ation to Construct Improvements.
DEVELOPER shall:
(a� Compty with all the requirements of the R�solution of Approval, and
any amendments thereto.
(b) Compfete at DEVEL�PER's own expense, all the public improvement
work required by the Resolution of Approval in conformance with approved
lmprovement Plans within one year from date of execution of this Agreement.
(c) Furnish the necessary materials for completion of the public
improvements in conformity with the Improvement Plans.
(d} Acquire, or pay the cost of acquisition by CITY, and dedicate all
rights-of-way, easements and other interests in real property for constructian
and installation of the pubiic improvements, free and clear of al! liens and
encumbrances. The DEVELOPER's obligations with regard to acquisition by
CITY of off-site rights-of-way, easements and other interests in real property
shall be subject to a separate agreement between.DEVELOPER and CITY.
RMPU➢1VCD17G0 „
s
DEVELOPER shall also be responsible for obtaining any public ar private
sanitary sewer, domestic water, drainage, and/or utility easements or
authorization to accommodate the DEVELOPMENT.
(e) Commence construction of the improvements by the time established
in Section (21) of this Agreement and complete the improvements by the
deadline stated in Section {1)(b) above, unless a time extension is granted by
the CITY as authorized in Section (21).
2) Acquisition and Dedication of Easements or Rights-of-Way. If any of the
pubfic improvement and land use develapment work contemplated by this
Agreement is to be constructed or installed on land not owned by CITY or
DEVELOPER, no construction or insta!lation shall be commenced be#'ore:
{a) The offer of dedication to CITY of appropriate rights-of-way,
easements or other interests in rea! property, and appropriate authorization
from the property owner to alfow construction ar installation of the
improvements or work, or
{b) The dedication to, and acceptance by, CITY of appropriate rights-ofi-
way, easements or other interests in real property, 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. DEVELOPER shall comply
in all respects with the order of possession.
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f
Nothing in this Section (2) shafl be construed as authorizing or granting an
extension of time to DEVELOPER.
3) Security. DEVELOPER shafl at all times guarantee DEVELOPER's
performance by furnishing to CITY, and maintaining, good and sufficient security as
required on forms approved by CITY for the purposes and in fhe amounts as follows:
(a} to assure faithful performance of this Agreement in regard to said
improvements in an amount of 100% of #he estimated cost of the
improvements; and
(b) to secure payment #o any contractor, subcontractor, persons renting
equipment, or furnishing labor and materials for the improvements required to
be constructed and installed pursuant to this Agreement in the additional
amount of 50% of the estimated cost of the improvements; and
The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of fhe security documents referenced on page 1 of this
Agreement are incorporated into this Agreement by this reference. ' If any
security is repfaced by another approved security, the replacement shall: 1)
comply with all the requirements for security in this Agreement; 2) be
provided to the City Engineer to be filed with the City Clerk and, upon filing, 3)
shall be deemed to have been made a part of and incorparated into this
Agreement. Upon provision of a replacement security with the City Engineer
and filing of a replacemenf security with the City Clerk, the former security
rnay be rel�ased.
RMPUB\VCD\7W
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4} Alterations to Improvement Plans.
(a} Any changes, alterations or additions fo the Improvement Plans not
exceeding ten percent (10%) af the original estimated cosf of the
improvements, which are mutuaf(y agreed upon by CITY and DEVELOPER,
shali not relieve the improvement security given for faithful perf'ormance of
this Agreement. In the event such changes, alterations, or additions exceed
10% of the original estimated cost of the improvement, DEVELOPER shall
provide improvement security tor faithful pertormance as required by Section
{3) of this Agreement for one hundred percent (10Q%) of the total estimated
cost of fhe improvements as changed, altered, or amended, minus any
completed partial releases allawed by Section (6) of this Agreement.
(b) The DEVEL�PER shafl construct the improvements in accordance
with CITY standards in effect at the time of adoption of the Resolution of
Approval. CITY reserves the right to modify the standards applicable to the
DEVELOPMENT and this Agreement, when necessary to protect the public
safety or welfare or comply wifh applicable state or federal law or CITY
zoning ordinances. If DEVELOPER requests and is granted an extension of
fime for completion of the improvements, CITY may apply the standards in
effect at the time of the extension.
5) Inspection. DEVELOPER shall at a!� times maintain proper facilities 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,
DEVELOPER may request a final inspection by the City Engineer, or the City
R�1PUB1VCD1760 �
Engineer's authorized representative. If the City Engineer, or the designated
representative, determines that the work has been completed in accordance with fhis
Agreernent, then the City Engineer shall certify the completion of the public
improvements to the City Council. No improvements shall be finally accepted unless
all aspects of the work have been inspected and completed in accordance with the
Improvement Plans. When applicable law requires an inspection to be made by City
at a particular stage af the work of constructing and instalfing such improvements,
CiTY shall be given timely notice of DEVELOPER's readiness for such inspection
and DEVELOPER shall not proceed with additional work unti! the inspection has
been made and the work appraved. DEVELOPER shall bear all costs of inspection
and certificatian. No improvements shaff be deemed completed until accepted
pursuant to Section (16) herein.
6) Release of Securities. The securities required by this Agreement sha[I be
released as fo(lowing:
(a) Security given for faithful performance of any act, obligation, work or
agreement shall be released upon the final completion and acceptance af the
act or work, subject to the provisions of subsection (b) hereof.
(b) The City Engineer may release a portion af the security given for
faithful perFormance of improvement work as the improvement progresses
upon application thereof by the DEVELOPER; provided, however, that no
such release shall be for an amaunt less than #wenty-five percent (25%� afi
the tataf improv�ment security given for faithful performance of the
improvement work and that the security shall nat be reduced to an amount
less than fifty percent (50%} of the total irr�provement sec�rity given for
faithful performance until final completion and acceptance of the improvement
RMPUB\VCD\760 ,
work. In no event shall the City Engineer authorize a retease of the
improvemen# security which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any
other obligation imposed by this Agreement.
(c} Security given to secure payment to the contractor, his or her
subcontractors and to persons furnishing labor, materials or equipment shall,
at six (6) mon#hs after completian and acceptance of the work, be reduced to
an amount equal to no less than 125% of the total claimed by al! claimants for
whom liens have been filed and of which notice has been given to the CITY,
plus an amount reasonably determined by the City Engineer to be required to
assure the performance of any ofher obligations secured by the Security. The
ba[ance af the security shal! be releasec! upon the setflement of all claims and
obligafions for which the security was given.
(d) CITY may retain from any security released, an amount sufficient to
cover costs and reasonable expenses and fees, including reasonable
attorneys'fees.
7) Injury to Public Improvements, Public Property or Public Utilities
Facilities. DEVELOPER shall replace or repair or have replaced or repaired, as the
case may be, all public improvements, public utilities facilities and surveying or
subdivision monuments which are destroyed or damaged as a resuit of any work
under fhis Agreement. DEVELOPER shall bear the entire cost of repiacement ar
repairs of any and all public or public utility property damaged or destroyed by
. reason of any work done under this Agreement, whether such proper#y is owned by
the United States or any agency thereof, or the State of California, or any agency or
political subdivision thereof, or by CITY or any public or private utility corporation or
xnzrua�vc����a ..
by any combinatian of such owners. Any repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
8) Permits. DEVELOPER shall, at DEVEL(�PER's expense, obtain all
' necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by(aw.
9) Default of DEVELC�PER.
(a) Default of DEVELOPER shall include, but nat be fimited to,
(1) DEVEL�PER's failure to timely commence construction of this
Agreement;
{2) DEVELOPER's failure to timely complete construction of the
improvements;
(3) DEVELOPER's failure to timely cure any defect in the
improvements;
(4) DEVELOPER's failure to perForm subsfantiat construction work for
a period o# #wenty (20) calendar days after commencement of the
work;
(5) DEVELUPER's insolvency, appointment of a receiver, or the filing
of any petition in banEcruptcy either volun#ary or involuntary which
DEVELOPER fails to discharge within thirty (30) days;
(6) the commencement of a foreclosure action against the
DEVELOPMENT or a portion thereof, or any canveyance in fieu or in
avoidance of foreclosure; or
(7) DEVELOPER's failure to perform any other obligation under this
Agreement.
xnei�us�vcD��bo ..
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(b) CITY reserves to itself all remedies available to it at law or in equity fior
breach of DEVELOPER's obligations under this Agreement. CITY shall have
fhe right, subject to this Section, to draw upon or utilize the appropriate
security fo mitigate CITY's damages in even#of default by DEVELOPER. The
right of C1TY to draw upon ar utilize the security is additional to and not in lieu
of any other remedy available ta CITY. It is specifically recognized that the
estimated costs and security amounts may not reflect the actua! cost of
construction or instaHation of the improvements and, therefore, GTY's
damages for DEVELOPER's default shall be measured by the cost of
compieting #he required improvements. The sums provided by the
improvement security may be usecE by CITY for the comp(etion of the public
improvements in accordance with the improvernent plans and specifications
contained herein.
(c) In the event of DEVELOPER's default under this Agreement,
DEVELOPER authorizes C1TY to perform such obligation twenty (20} days
after mailing written notice of default to DEVELOPER and to DEVEL�PER's
surety, and agrees to pay the entire cost of such performance by C1TY.
CITY may take over the work and prosecute the same to completion, by
cantract or by any other method CITY may deem advisable, for the account
and at the expense of DEVELOPER, and DEVELOPER's surety shall be
liable to CITY for any excess cost or damages occasioned CITY thereby. ln
such event, CITY,-without liability for so doing, may take possession of, and
utilize in completing the work, such materials, appliances, plants and other
property belonging to DEV�LOPER as may be on the site of the work and
necessary for perFormance of the work.
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(d� Failure of DEVELOPER to comply with the terms of this Agreement
shall constifute consent to the filing by CITY of nofice of violatian against all
proposed improvements in the DEVELOPMENT, or ta rescind the approval or
otherwise revert the DEVEL.�PMENT to acreage. The remedy provided by
this subsection (c} is in addition to and not in lieu of other remedies avaifable
to CITY. DEVELOPER agrees that the choice of remedy or remedies for
DEVELOPER's breach shall be in the discretion of CITY.
(e) In the event that DEVELOPER fails to perForm any obligation
hereunder, DEVELOPER agrees to pay all costs and expenses incurred by
CITY in securing performance of such obligations, including but not limited fo
fees and charges of architects, engineers, a#torneys, other professionals, and
court costs.
(f) The failure of CITY to take an enforcement action with respect fo a
default, or to declare a breach, shall not 6e construed as a waiver of that
default or breach or any subsequent defaulf ar breach of DEVELOPER.
(10) DEVE�OPER Not Agent of CfTY. Neither DEVELOPER nor any of
DEVELQPER's agents, contractors or subcontractors are or shall be considered to
be agents of CITY in connection with the performance of DEVELOPER'S obligations
under this Agreement.
(11) Iniury to Work. Until such time as the improvements are accepted by
CITY, DEVELOPER shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all improvements required
by this Agreement are fully completed and accepted by CITY, DEVELOPER wi(I be
responsible for the care, maintenance of, ancf any damage to such improvements.
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CITY shall not, nor shall any officer or employee thereof, be liabte or responsible for
any accident, loss or damage, regardless of cause, happening or occurring to the
work or improvements specified in this Agreement prior to the completion and
acceptance of the work or improvements. All such risks shat! be the responsibility of
and are hereby assumed by DEVELOPER.
(12} Environmental Warran . Prior fo fhe acceptance of any dedications
or improveme�ts by CITY, DEVEL�PER shall certify and warrant that neither the
property to be dedicated nor DEVELOPER is in violafion of any environmental law
and neither the property to be dedicated nor the DEVELOPER is subject to any
existing, pending or threatened investigation by any federal, state or local
governmental authority under or in connectian with environmenta! law. Neither
DEVELOPER nor any third par#y will use, generate, manufacture, produce, or
release, an, under, or about the property ta be dedicated, any hazardous substance
excep# in compliance wi#h all applicable environmental laws. DEVELOPER has not
caused ar permitted the release af, and has na knowledge of the release or
presence of, any hazardous substance on the property to be dedicated or #he
migration of any hazardous substance from or to any other property adjacent to, or in
the vicinity of, the property to be dedica#ed. DEVELOPER'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. DEVEL�PER shafl give prompt written
notice to CITY at the address set forth herein ofi:
(a) Any proceeding or investigation by any federal, state or local
governmenta( authority with respect ta the presence of any hazardous
substance on the property to be dedicated or the migration thereof from or to
RiviPUB\VCD\760
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 CfTY or the
property to be dedicated relating to any foss or injury resulting from any
hazardous substance; and,
{c) DEVELOPER's discovery of any occurrence or condition on any
property adjoining in the vicinity of the property to be dedicated that could
cause the property to be dedicated or any part #hereof to be subject to any
restrictions on its ownership, occupancy, use for the purpose for which is it is
intended, transferability or suit under any environmental law.
(13) Other Aareements. Nothing contained in this Agreement shall
preciude CITY from expending manies pursuant to agreements concurrently or
previously executed between the parties, or from entering inta agreements with other
developers for the apportionment of costs of water and sewer mains, or other
improvemen#s, pursuant to the provisions of the C1TY ordinances providing
therefore, nor shalf anything in this Agreement commit CITY to any such
apportionment.
(�4} DEVELOPER'S Obliqatian to Warn Public Durinq Construction. Until
farmal final acceptance of #he improvements, DEVELOPER shall give good and
adequate warning to the public of each and every dangerous condition existent in
said improvements, and wili take all reasonable activns to protect the public from
such dangerous condition.
(15) VestinA of Ownership. Upon formal final acceptance of the work by
CITY and recordation of the Resolution af Acceptance of Public Improvements,
RMPUBIVCD\760
ownership of the improvemen#s constructed pursuant ta this Agreement shall vest in
CITY.
t��) Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recammendation of the City Engineer after
finaf completion and inspection of all improvements. The City Caunci! shall acf upon
the Engineer's recommendation within sixty (60) days from the date the City
Engineer certifies that the work has been finally completed, as provided in Section
(6}. Such acceptance shall nat canstitute a waiver of defiects by CITY.
(17) Indemnitv/Hold Harmless. CITY or any officer or employee thereof
shall not be liable for any injury ta persons or property occasioned by reason of the
acts ar omissions of DEVELOPER, its agents, or employees, contractors and
subcontractars in the performance of this Agreement. DEVELOPER further agrees
to protect, defend, indemnify and hold harmless CITY, its officials, boards and
commissions, and members thereof, agents and employees from any and all claims,
demands, causes of action, liability or loss of any sort, because of, or arising out of,
acts or amissions of DEVEL�PER, its agents, emplayees, contractors and
subcan#ractors in the performance of this Agreement, except for such claims,
demands, causes of action, liability, or loss arising out of the sole acfive negligence
af the CITY, its afficials, boards, commissions, the members thereof, agents, and
employees, including all claims, demands, causes of action, liability, or loss because
of, or arising out of, in whole or in part, the design or construction af the
improvements. This indemnif3cation and agreement to hold harmless shall extend to
injuries to persons and damages or faking of property resulting from the design or
construction of said DEVELOPMENT, and the public improvements as provided
herein, and in addition, ta adjacent praperty owners as a consequence of the
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diversion of waters from the design and construction of public drainage systems,
streets and other pub[ic improvements. Acceptance by CITY of the improvements
shall not constitute an assumption by CITY of any responsibility far any damage or
taking covered by this Section. CITY shalf not be responsible for the design ar
construction af the property ta be dedicated or the improvements pursuant to the
approved impravement plans or map, regardless of any negligent action or inaction
taken by CITY in approving the pians or map, unless the particular improvemenf
design was specificalfy required by CITY over writ�e� objection by DEVELOPER
submitted to the City Engineer be#'are approval of the 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 DEVELOPER shall remain
obligated fo eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, DEVELOPER shall nof be responsible for routine
maintenance. Provisions of fhis Section shall remain in ful[ farce and effect for ten (10)
years foflowing the accepfance by ClTY of the improvements. It is the intent of this Section
that DEVELOPER shalf be responsible for a!I liability for design and construction of the
improvements installed or wark done pursuant to this Agreement and that CITY shall not be
liabfe for any negligence, nonfeasance, misfeasance or malfeasance in approving,
reviewing, checking, or inspecting any work or construction. The improvement securify
shall not be required to cover the provisions of this Section.
DEVELOPER shall reimburse C1TY for all costs and expenses (including but not
limited to fees and charges af architects, engineers, attorneys, and other professionals, and
court costs) incurred by CITY in enforcing the provisions of this Section.
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��$) Personal Nature of DEVELOPER'S Obii ations. All
of
DEVELOPER's obligations under this agreement are and shall remain the personal
obligations of DEVELOPER notwithstanding a transfer of all or any part of the
property within the DEVELOPMENT subjecf to this Agreement, and DEVELOPER
shafl not be entitled fo assign its ob)igations under this Agreemenf to any #ransferee
of al1 or any part of the property within th� DEVELOPMENT or to any other third
party without the express written consent of CITY.
(19} Sale or Disposition of DEVELpPMENT. Seller or other DEVELOPER
may request a novation of fhis Agreement and a subsfitution of security. Upon
approval of the novation and substitution of securities, the DEVELpPER may
request a release or reducfion of the securities required by this Agreement. Nothing
in the novation shall re(ieve the DEVELOPER of the obligations under Section (17)
for the work or improvement done by DEVEL�PER.
{20) Time of the Essence. Time is of the essence in the performance of
this Agreement.
�21) Time for Commencement of Work• Time Extensions. D�VELOPER
shall commence substan#ial constructian of the improvements required by this
Agreement nat later than six (6) months after the date of this Agreement. In the
event good cause exists as determined by the City Engineer, the tirne for
camrnencement of canstruction or completion of the improvements hereunder may
be extended for a period or periods not exceeding a fotal of twa (2) additional years.
The extension shall be executed in writing by the City Engineer. Any such extension
may be granted without no#ice to DEVELOPER's surety and shalf not affect the
validity of this Agreement or release the surety or sureties on any security given for
this Agreement. The City Engineer shall be the sole and final judge as to whether or
RlvlPilB1VCD\7G0
r,
IN WITNESS WHEREOF, fhis Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor.
--�_
DEVELOP�R CITY OF PALM DESERT
t�u i I I ic�rr�. '1? Gal l 4.heY'
awner
DEVELOPER By'
MAYOR
(Proper Notarization of
DEVELOPER's signature is
required and shall be attached)
ATTES7:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
RMPUB\VCD17G0
�`
f
C�#L.lFORN1A ALL.pURPOSE ACKNOWI.EDGMLNT
State of Califarnia
Count of �„�
0 /a� �008 before me, �, / d //�
Da e `l�l
H Insert Name antl Title of the Ofiicer
personaHy appeared /� , ����,_,
Neme(a of Slyne s}
who proved to me on the basis of satisfiactory evidence to
be the person�sl whose name(s,�i�/are subscribed to t�e
wi#hin instrument and acknowledged ta me that
he/shelfhey executed the same in his/her/their autt�orized
��Pa��ry(�s�„ and that by his/her/their signature� on the
instrument fhe person�, or the entity upon behalf of
_ _ which the persan(�s,�acted, exe�uted the instrument.
NANCI'L.HAiI
Z �� C�MM. �t6tab8� � 1 certify under PENALTY OF PERJURY under the laws
Nolary Public-Calibrnia o of the State of California that the fore o(n
Sonoma Ceunty -• g g paragraph is
��•�x �a Od.18,Z009� #��e and correct.
WITNESS my han offici f seal.
Placo Notary Seaf Above Signature
lure of Notery Pub1k
oPrlonrac
7riough the infarmafion below is not reguired by/aw,it may prove vaJuable to persons relyinq on!he documenl
and could prevent/raudulent remova!and reattachment of this form fo another document.
Description of Attached Document
Title or Type af Docurnent:
Document Date:
Number of Pages:
5igner(s)OtherThan NamedAbove:
Capac"sty{ies} Claimed by Signer(s)
�
Signer's Name; Signer's Narne:
O Individual 0 Individual
D Corporate Officer—Titte(s): O Corporate Officer—Tiite{s):
� Partner—O Limited C7 General ❑Partner—p Limited p General
❑ Attorney in Fact • �• ❑Attorney in Fact
� Trustee Top o(thumb here ' �'.
❑7rustee Top ot thumb here
❑ Guardian or Conservator Cl Guardian or Conservator
O Other:
' 0 Other:
Signer fs Representing:^,_,_^ Signer is Representing:
�ZOD7NaU0nnINol6ryqsppcWyon.g35ppec„otpAva�P.Q800c24q2•Chel,�rvrorth,CA9f3l&24Q2•wwyv.Na6analNWary,org Itemk5807 qgo�der,Cal�TolFFree1-gpp.87fG827
---- � __
MAINTENANCE Travelers Casualty and Surety Company of America
BOND HartFord, cr as�s3
Bond No.: 105455323
KNOWN ALL BY THESE PRESENTS: That We _s��o��a oera�m u�s�rt L�.c�
as Principai, c�11C) �'ruvelersCasual and e Com anvofAmer�en '
organized and existing under the Laws of the State o�F_ c„n„e�t;��t � a corporation
and firmly bound unto c;r�orra�m n�s�rr , as Surety, are held
tOtal 5Uf11 OP Seventcen Tiioasand Trvo Hundred NInetv-Fivc AND DOlIOQ DOLLARS � as �bligee, in the
U.S. Dallars ( �17�9511() }for the payment whereof said Principal anci Surety bind
themselves,jointly and severally, as provided herein.
WHEREAS, the Principal entered into a contract with the �bligee dated io/aa/aoos for
Muintennnee of ofE site Im rovements includin sidewnll:,curb n�d landscu e installatiun in
connectlon tiyith n devela ment kno�vn as Se�oviu
("Work").
NOW, THERE�ORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal
shall maintain and remedy said Work free from defects in materia[s and warkmanship fior a
periad of o_� year(s) commencing on July s, zoio
"Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force
and effeet. AS part of the obligation secured hereby, and in the event legal action is required to enforce or interpret
the provision or performance of the agreement, there shall be included costs and reasonable expenses and fees to the
prevailing party, including reasonable attorney's fees all to be taxed as costs and included in any judgement rendered.
PR4VIDED, HOWEVER, that any suit under this bond shall be cammenced no later than one
(1) year from the expiration date of #he Maintenance Period; provided, however, that if fhis
fimitation is prohibited by any law controlling the construction hereof, such Iimitation shall be
deemed to be amended sa as to be equal to the minimum period of limitation permitted by
such law, and said periad of limi#ation shall be deemed to have accrued and shall commence
to run on the expiration date of the Maintenance Period.
SIGNED this ,_ ,�r,, day of .rj,,,i� ,
, aio
Segovia of Palm Descrt LLC
(Principal)
By:
Travclers Casunity an Surety Compa , � y��
< ,,
gy. .. ,.r
Melinda Cnrlson , Attarney-ln-�a
-- WARNWG:THIS POWER OFATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS/� P��'�'ER OFATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company St•Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. n'avelers Casualty and Surety Company
St.Paul Fire and Marine Insurance Company �'avelers Casualty and Surety Company of America
St.Paul Guardian Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 221935 ��3,�,� ��8�
Certificate No.
KNO W ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance
Company are corporations duly orga�ized under the laws of the S[ate of Minnesota,that Fazmington Casualty Company,Travelers Casualty and Surety Compaay,and
Travelers Casualty and Surety Company of America are corporations duly organized under the]aws of the State of Connecticut,that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the Sli1te of Wisconsin
(herein collectively called[he"Companies"),and that the Companies do hereby make,constitute and appoint
Eric Zimmerman,Karen Swanson,Brent E.Heilesen,Anne E.Strieby,James B.Binder,Peter J.Comfort,Jennifer L.Snyder,Lisa Kerstetter,Julie R.Truitt,
Peggy A.Firth,Tamarie Ellingsen,Steve Marinkovich,Melinda Carlson,and Christopher Kinyon
of the City of__ Tasoma
,State of Wachinutnn ,their true and lawful Attome 5-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
Y(�)
other writings obligatory in the nature Ihereof on behalf of the Companies in theic business o£guaranteeing the fidelity of persons,guaranteeiug the performance of
contracts and executing or guaranteeing bonds and undertakings required or permltted in any'actions or proceedings a]lowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrurttet�t to be szgned and their corporate seals to be hereto affixed,this
day of December 2009 29th
Farmington Casualty Comp�ny St.Paul Mercury Insurance Company
Fidelity and Guaranty T�surance C�rnpany , T�avelers Casualty and Surety Company
Fidelity and Guaranty Insurance UnderwrIters,Inc.
Tt�avelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
5t.Paul Guardian Insurance Company
��su,�<T _aWtTY� �,o„�wwix
p?��"yYoq�r� ��y- � '�,FIAE 6 ' O\�N i,ySG "'Y NSU fV q �'Y
� 1'SZ�O [f wr�,,,�� _ 9 rEORPOR �� 4JP:........;79'{. 0VP` N��P N��F7 �,y�1�Y
��e t a! � ,��7� Q "'^"�MfM1ED N m �� ��>F,m W:�pPPORATf:�"� �p �s� � '`�� y\� �Qo' ��,
d,` ctF,�� y J�i �f. n I: .� a HARTFORD� �NARTp `Tc �- �
y� tiN �.� �8 ;r, or �.,5EALlaJ �� o O �� < �m,.�.Y
R�'��n11nw�G a1.....A'�J '��,.g8A.7i;s3 ; CONN, eo ��C41N.�� Q 1Ql88��:
� `$NMN js.........�e� `y1 N�L ,(� U.
" :,,� '"�►3r��
State of Connecticut
Ci[y of HartFord ss. BY�
Georg Thompsou,,�nior ice President
on this che 29th aay of �ecember 2009
himself to be the Se�ior Vice President of Farmington Casualry Company, Fidelity and Guaranty Insu anc�e C�p ny,Fidel ty an G aranty Insu ance Uude w��n�ter d
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualry and Surery
Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
�C.T��
In Witness Whereof,I hereunto set my hand and official seal. TIN� �w� �� /1 `�
My Commission expires the 30th day of June,2011. p�,� W�' " `�
�" ���G� Marie C.Tetreault,Notary Public
�
58440-4-09 Printedin U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
PI' 07-15 SEGOVIq pF Pq
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Legend �
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--� Circulation Network Streets ��2,056 �
� City Boundary Palm Desert Parcels(4/20�
N otes