HomeMy WebLinkAboutPP 07-01 - Longs Drugs (07/08/2010) CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR PP 07-01 (LONGS DRUG STORE)
AND ACCEPT THE ONE-YEAR MAINTENANCE BOND
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Longs Drugs
141 North Civic Drive
Walnut Creek, CA 94596
Federal Insurance Company
P.O. Box 1615 15 Mountain View Road
Warren, NJ 07061
BOND NUMBER: Performance Bond 8197-08-44 �y�r���DATE ��; -�y-� C /C�
Maintenance Bond 660343
' �COiVTiNUEO TA 7' �- �- C�G�'
DATE: June 24, 2010 � ❑ pASSED TO 2N�REAOI�G
CONTENTS: Performance Security
Maintenance Security
Agreement
Vicinity Map
Recommendation
By Minute Motion, release security for PP 07-01 (Longs Drug Store) and
accept the one-year maintenance bond.
Backqround
Longs Drug Store building is located at the southeast corner of Highway 111 and Deep
Canyon road at 74527 Highway 111. At the time of permit issuance performance
security in the total amount of $381,375 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% of the faithful performance bond.
Staff Report
Release Security for PP 07-01 (Longs Drug Store) and Accept the One-Year Maintenance Bond
June 24, 2010
Page 2 of 2
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By: ,, ,� / Depart H d:
�,��
r� . �.���
Christina Canales, Assistant Engineer Mark Gre wood, P.E.,
Director of Public Works
CITY COUNCII.AC�ION
APPROVF.D �� ....._..._DF,NTL+'t)
Paul S. Gibson, Director of Finance 12ECEIVED OTHER
MEET G �
Approval: AYES. � '
NOES:
�'��j�� ��. AQSENT:
.-�-"""^---' AI3STAIN:
J M. Wohlmuth, City Manager VERtFIED BY: '
� Origiaat on File wit6 City rk's Office
�
� _
C3�"`t" £>� P'A�.�'f �}E�EF��'
�°�At��D,A��+ FC3R� �
�,d�,l°T�FU� �'ERFORRfiAWCE �Oi�D �
i1�l46i►iE OF L�EVELQPiliiEPlT: �ong's Drugs PP 07-01
NAME OF DEVE[�C3PER:
N�4�IiE OF Sl3RETY` Federal Insurance Company
EFFECTIVE DATE: �/1sl2oos
AMOUNT OF BOND: $z�a.25o.00
BOND NUt�IBER: 8197-08-44
PREMIUM: �1,271.00
KNOW ALL MEN BY 7HESE PRESENTS: That the person, firm,
corporation, entity, or othetwise, named on Line 2 above, without regard to
gender and number, hereinafter referred to as PRINCIPAl, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of
California and presently possessed of authority under Title 6 of the United States
Code to do business under Sections 6 to 13 thereaf, in the aggregate amounts
hereof, hereinafter referred to as SURETY, are jointiy and severally held and
firmiy bound unto the City of Palm Desert, a municipal corporation of the State of
California, hereinafter referred to as CITY, in the sum mentioned on Line 5
above, for the fai#hful performance of that certain IMPROVEMENT AGREEMENT
befinreen PRINCIPAL and CITY regarding the subdivision named on Line 1
above, as required by the provisions of the Subdivision Map Act and CITY
ordinances, resolutions, rules, and regulations, for the payment of which sums
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weE4 and trufy �o be made, PRINClPAL and �URETY hereby bind themselves,
their heirs, administrators, executors, successars and assigns, jointly and
severally, firmiy by these presents.
THE CONDITION of the foregoing obligation is such that if the said
PRINCIPAL sha(I faithfully perform the covenants, conditions, and agreements
contained in that certain IMPROVEMENT AGREEMENT beiween PRINCIPAl.
and CITY regarding the deveiopment named on Line 1 of Page 1 hereof, which
said agreement is by this reference incorporated herein, on its part to be kept
and performed, in a manner and form therein specified, and shall fumish material
in compliance with the specifications and perform all that certain work and
improvement in said CIN which is more particularly described in said
IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful
performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to
remain in full force and effect.
The said SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, aiteration or addition to the terms of the
IMPROVEMENT AGREEMENT or to the work#o be perFormed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time,
alteration or additian to the terms of the IMPROVEMENT AGREEMENT, the
work, the specifications or any feature or item of pertormance thereunder. In the
event it becomes necessary for CiTY to bring an action to enforce this bond,
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SURETY shail pay CiTY'S reasonabie attarney's fees and court costs in
connectian therewith.
IN WiTNESS WHEREOF, PRINCIPAL and SURETY have executed this
ins#rument on the date mentianed on Line 4 af Page 1 hereaf.
Longs Drug Sto a �rnia inc.
PRINCIPA
.v----'`_
PRINCIPAL
Federal Insurance Company
-�G�� �'�A���%�..�
�J RENBarbie Norton,Attomey-In-Fact
SURETY pevan Perona,witness
(Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must
be attached.)
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STATE OF CALIFORIVI� )
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CO UNTY OF S'AN FRANCX��'C'� )
On Julq 18, 2oos before me, _ Doris B.Dia ,Notary Public
Date Name,Title o
jOfficer,No[ary Publlc
personally appeared Barbie Norton,Attornev In-Fact
NAME(S)OFSIGNER(S)
who proved to me on the basis of satisfactory evidence to be the personbl) whose
names�) is/q� subscribed to the within instrument and acknowledged to me that
�/she,/t1,�y executed the same in 1}[s/her/tj�ir authori.zed capacity(�), and tliat by
A!s/her/t�ir signature� on the instrument the person(�, or the entity upon behalf of
which the person�f) acted, executed the instrument.
I certify under PENAL7'Y OF PERJURY under the laws of tlie State of California that
the foregoittg paragraph is true and correct.
T�T'ITNESS my hand and official seal.
N DpRIS B. DiAZ �
� � COMM.1116T9330
�t �� ,r.,_ /`���- NdTARY PUBLIC-CAUFOANUI �jj
1�`'---___L_�.._ SAN FRM�18C0 COUNTY N
SigsatureofNotary ,�—'—�-.�� � p,lyC0�1m.F�f9eJtlly29.2p10 i}
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A,L�.-PURf�OSE,�1CK�1QVIfLIEF�Gi�tIE1VT
State of California )
)ss.
County of Contra Costa )
On July 22, 2008 , before me, Debra R. Davis, Notary Public, personally appeared
----------------------------------------Todd Vasos and Shawn Clancy ---------------------------------
o personally known to me - to be the
person(s) whose name(s}-is�are subscribed to the within instrument and acknowledged to me that
#�e�s#eEthey executed the same in #is/t�eF�their autharized capacity(ies), and that by�iis�qeF/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal. �DEBRA R.DAVIS
+�� COMM.#1�24985 'n
VJ NOTARY PUBUGCAUfOR11Ul =,
���. R. ��.-�--- ��������
!h COMY.ExP.FEB.12,4011"
My Commission Expires 2/12/2011
OPTIONAL INFORMATION
Document Information
This certificate must be attached to the following document:
Title or Type of Dacument: Faithful Performance Bond
Signer(s)Other than Named Above: None
Project: #784-Palm Desert Phase II
Capacitv Claimed Bv Siqner
o lndividual L�( Corporate Officer(s) Executive Vice President&COO and
Vice President Design & Canstruction,
respectiveiy
o Partner(s) o Limited ❑ General
a Attomey-in-Fact o Trustee{s) ❑ Guardian/Conservator
o Other
Signer is representing: (name of person[s] Qr entity[ies])
Langs Drug Stores California, Inc.
. . . .�;� � , . �
.
��.;��������� �"a��e
F�D���L ��S�.T � .��N��E C AN�
F.(J. B�X 161 S 15 M(Jt1I�TAIN �IEW ROAD
W�R:REl�, 1"�J 0706I-1615
80+�-252-4670
Agent far Service of Process
JERE ICEPRIt?S, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES,CA 94017
113�able to Locate_the A�ent far Service af Process?
Reference Information
Na�c#: 20281
NAIC Group#: 0038
Califomia Company ID #. 0059-6
Date authorized in California: December 18, 1902
License Status: LJNLIMITED-NORMAL
Company Type: Property&Casualty
State of Domicile: INDIANA
Lines of Insnrance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms,please refer to the glossarv.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CAR.RIER LIABILITY
CREDIT
DISABILITY
FTRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
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4VQ.�K_E�,F�S` C1C�MPENSA�'IQi'�I
t�� p��� �'� �I���t �n�`or�a��om�
Com�aily.....Ett'oi;c,en�ei�E Action Dvcumei�ts
Company Performa�ace & Comparisan Data
Cam_posite Con�plair�t Studies
Wan� 1Vlore?
Hel� Me �ind a C'om�any Representatitire_in_My_Area
Financial_Ratang Organx�atio�is
I,ast Revised-June 27,2008 09:13 AM
Copyright O� Califomia DeparEment of Insurance
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C��"1( C3F P,P►L�fl DE�E�Y
�-������� �o��
��Y���-r �o��
(LA�OR � 6�iA`9'Ei21�4LS} Q
i�A►il�E OF PROJECT: Longs Drugs PP 07-01
i�AiUIE OF DEVELOPER:
NANiE OF SUI2ETY` Federal Insurance Company
EF�ECTIVE DATE: �l�si2oos
Af�tC�UNT OF B4ND: $�2�,125.�0
BO�ID NUIiABER: 8197-08-44
PRENiIUiUi' �ncluded with Performance Bond
K�i01�1 ALL iVIEN BY THESE PRESENTS: That the person, firm,
corporation, entity,�or otherwise, named on Line 2 of Page 1 hereof without
regard to gender and number, hereinafter referred to as PRINCIPAL; and the
corporation named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the State of California and presently possessed of authority under
Title 6 of the United States Code to do business under Section 6 to 13 thereof in
' the aggregate amounts hereof, hereinafter referred to as SURETY; are jointiy
and severely held and firmly bound unto and all materialmen, persons,
companies or corporations furnishing materials, provisions, provender or other
supplies used, in, upon, for or about the performance of the work contracted to
be executed or perfarmed under the terms of that certain iMPROVEMENT
AGREEMENT hereinafter mentioned and all persons, companies or corporations
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renting ar hiring te�ms or impiements, or machinery, for can#�ibuting to said work
to be done, ali persons who p�rformed wark or I�bor upon the same, and all
persons who supply both work and materiats, and whose claim has not been paid
by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for
the payment whereaf, weN and truly to be made, said PRINCIPAL and SURETY
bind themselves, their heirs, administrators, successors and assigns, jointly and
severally, �rmly by these presents.
THE CONDITIC)N OF THE OB�IGATIO�V is such that whereas the above-
bounden PRINCIPAL has entered into an IMPROVEMENT AGREEMENT with
the City of Palm Desert, a municipal corporation of the State af Caiifomia,
hereinafter referred to as C1TY, for the construction of public improvements in the
project named on Line 1 af Page 1 hereof, which said IMPROVEMENT
AGREEMENT is by this reference incorporated herein:
NODU, THEREFORE, if the above-bounden PRINCIPAL, contractor,
person, company or corporation, or his or its subcontrac#ar, or subcontractors,
fails to pay for any materials, provisions, provender, or the suppties, or teams
used in, upon, for, or about the perFormance of the work contracted to be dane,
or for any work or labor done thereon af any kind, or for amounts due under the
Unemployment lnsurance Act with respect to such work for iabor, SURETY on
this bond will pay the same, in an amount not exceeding the sum specified in this
bond, and also, in case suit is brought on this bond, a reasonable attomey's fee
which shaN be awarded by the court to the prevai(ing party in said suit, said
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attc�rney's fee to be taxed as costs in saic! suit and tc, 1�e i��cEuded in the judgrnent
ther�in rendered.
This bond is executeci and filed to campiy with the provisions of all
applicable CITY ardinances, resolutions, rules and regulations supplemental
thereto; and all amendments thereto; and shall inure to the benefit of any and aH
materialmen, persons, companies or corporations entitied to file claims under
and by virtue of the provisions thereof.
IN VVITNESS UVHEREOF, PRINCIPA►L AND SURETY have executed this
instrument the date mentioned on Line 4 of Page 1 hereof.
Longs Drug ores� lifomia lnc.
�
PRINC
PRIN IPAL
Federal Insurance Company
� �� " '✓,���___-
REN Barbie IVorton,Attorney-In-Fact
' -`'t ` 9
SURETY Devan Perona,Witness
(Notarial acknowledgement of execution by ALL PRIRICIPALS and SURETY
must be attached.)
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
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STATE OF CALIFURNIA )
)
CO UNTY OF SAN FRANCISCO )
On__ auiy is, zoos before►ne, Doris B.Dia Nota Public
Date Name,Trt[eojOjficer,Nata�yAublic
personally appeared _ Barbie Norton,Attornev-In-Fact
NAML(S)OFSICNER(S)
who proved to me on the basis of stttisfactory evidence to be the person�) whdse
names�l) is/� subscribed to the within instrun:ent and acknowled�ed to me that
1�6Jshe/t1�y executed the sa�ne in A[s/her/t�ir authorized capacity(�!s), a�:d that by
iKs/her/tl�lir signature(� on the instrun:ent the person(�, or the en[ity upon behalf of
ivhich the personbt)acted, executed the instrume�:t
I certify under PENALTY OF PERJURY u�:der the laws of the State nf California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
N DORIS B. DIAZ �
� , /�� m . CUMM.p i 679330 �
NOTARY PUBCIC-CALIFORNiA �
Signature ojNotary My Cpmf11.E�J�dyC 2�$,p10 N
`� ��`!tlbb . ..��_,. . _�....�.. _,,.........�� ..��«..,,....., ...,... ...,._,,, ..,.�,�..,.>...,.�
�°igilan�Znstaran�e Ccsrnpany 18�tcsuntain bicu� Road
+ SUYe�� A3"T'C7i2NEY �z��i����tt�erttnity C�smpan� lnlarre�a, f�J 0705J
i.T�t�
Know Ail by These Presents, T#�al FI�D�F�AL iNSl3R�t�C� CC7rv(�'ANY, ar� Ir�diaria carporafion, VtGiLANT {NSURANCE
CtJMFANY, a New Yark corporalion, and PACI�IC IIVL?�i49NtTY CC�MPAiVY, a VVisconsin carpor�tion, do each hereby cortistitute and
appoint Saundra L. Gingras, Barbi� lVcsrtor�, Shailesh Patel, C�euan Perana and Jeff Prevost af San Franciscc�,
Ca!ifornia-----------------------------------------------------�..__.______------------_._.____-•------_--_-_-__-_.__._m_____._________._.__..-------
each as iheir irue and lawful Attomey-irn Facl lo execute under such designation in their names and to affix Iheir corporale seals kx and deliver fw and on iheir behalf as surely
thereon or olhervvise,bonds and undertakings and olher writings obligatory in lhe nature Ihereof(olher than bail bonds)giver�or executed in the casrse ot business,and any
instrume�ls amending or altering ihe same,and consenis lo ihe modification or alteration of any instrumenl reterred to in said bonds or obNgations.
In Wilness Whereof,said FEDERAL INSURANCE COMP�NY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and altested
these presents and affixed their coryorate seals on ihis'I4 . day or March,20�8
_ f �
�
�f,arSef� e�Z�� �'-„-"`-•-_- \
enneth C.Wen I, sis ant Secretary � 8.Norris,Jr.,Vice Pre ' ent ,
STATE OF NEW JERSEY
ss.
Counly o(Somerset
On lhis 14`h. day of �ilCCh,2��8 be(ore ma,a Notary PubNc of New Jersey,personally came Kenoeth C.Wendel,to me
known lo be Assislanl Secretary ol FEDERAL INSURANCE COMPANY,VIGILANT INSURfWCE COMPANY,and PACIFtC INDEMNIN COMPANY,the wmpanies which
executed the foregoing Power of Atlorney, and lhe said Kenneth C.Wendel, being by me duly swom, did depose and say that he is Assistant Secretary o(FE�ERAL
INSURANCE COMPANY,VIGII,ANT INSURANCE COMPANY,artd PACIFIC INDEMNITY COMPANY and knows the corporale seals thereot,that the seals affixed to the
toregoing Power of Attomey are such corporate seals and were thereto aKxed by authority o(the By-Laws ot said Companies;a�d that he signed said Power of Atlorney as
Assislanl Secretary of said Companies by like autlwrity;and thai he is acquainted with David B.Norris,Jr.,and krwws him to be Vice President of said Companies;and that lhe
signalure of David B.Norris,Jr.,subsuibed to said Power of Attorney is in the genulne handwriting ot David B.Norris,Jr.,and was thereto subscribed by authority of said By-
Laws and in daponenYs presence.
Notarial Seal
Q�EN B.B9
�`� '�,q STEPHEN B.BRADT
U'�Jt,f:1;:•,.}'' Notary Public,State of New Jer�e�►
" � 1�0.2321097 — Notary Public
�+ ' ' ' , Commission 6cpiras O�t.25,2009
CERTlFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC 1NDEMNITY COMPANY.
"NI powers ot attomey for and on behalF ol ihe Company may and shall be execuled in the name and on behalf of the Company,eilher by the Chakma�or the
President or a Vice President or an Assislant Vice Presidenl,jointly wlth the Secretary or an Assislant Secretary, under Iheir respedive designatans.7he
signalure of such o�cers may be e�graved,printed or lilhographed.The signature of each ot ihe(ollowing oKcers:Chairman,President,any Vice President,any
Assistant Vice Presidenl,any Secretary,any Assistant Secrelary and tha seal of the Company may be altixed by facsimile to any power o!attomey or lo any
cerUficale relaUng ihereto appointing Assistant Secrefaries or Atlorneys-in-Fad for purposes only of executing and attesting bonds and underiakings aM other
wrilings obligatory in the nature thereof,and any such power of ailomey or certificate beanrg such facsimlle signature or tacsimile seal shaN be valid and binding
upon the Company and any such power so execuled and ceAified by such facsimile sig�ature and(acsimile seal shail he valld and binding upon the Company
with respecl to any bond or undeAaking to which it is altached.'
1,Kenneth C.Wendel,Assistant Secretary of fEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY
(the"Companies")do hereby certify tAat
(() the fore9ang exlrect ot the By-laws of the Companies is trua and correct,
(ii) !ha Companies are duly licensed and authorized to trdnsact surety business in all 50 0l the United Statas of America and the Dislnct of Calumbia and are
authorizad by ihe U.S.Treasury Oepartmenl;further,Federal and�gilant are licensed ia PueAo Rico and the U.S,Virgin islands,and Federel is licensed in
American Samoa,Guam,and each oi the Provinces of Canada except Prince Edward Island;end
(iii) the foregoing Power of AHomey is true,correct and in fuil torce and effect.
Given under my hand and seals ot said Companies at Warren,NJ Ihis July 18,2008.
�S�Puv�, wrr .�,��cF�
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V� Y� • I�1�\ • j ♦
�VDIAN�'� u[OM1\. MfW'f�p� �
. Kenneth C,Wend ,Assislant Secrelary
._��.�...r���___..��_ .,_��__�___._. m._ _�n.
IN THE EVEN7`f0U WiSH TO fJOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF 7HIS BOND OR IVOTIFY US OF ANY OTHER
MATTER,PLEASE CONTACT US A7 ADDRESS LISTED ABOVE,OR BY Telephone(908)9�3 3493 Fax(908)903-3656
l____�_� e-mail: sure chubb.com
�..�. _�_..___..�.......� �__
Form 15-10-0225B-U (Ed.5-03) CONSENT
♦
AF�0..�[-Ni�l-�+7fG J'14(\�LJYV��CJViq1�6YT
State of Califomia )
)ss.
County of Contra Costa )
On July 22, 2008 , before me, Debra R. Davis, Notary Pubiic, personally appeared
------------------------..---------------Todd Vasos and Shawn Clancy ---------------------------------
o personally known to me - to be the
person(s) whose name(s}-�s�are subscribed to the within instrument and acknowledged to me that
�e�they executed the same in #+s/#�er-�their authorized capacity(ies), and that by-k�isl#�ef/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal. � DEBRA R. DAVIS
�t� Co►�M.#1724965
y� NOTARYPUBLIC•CALIFORNU �
CONTRA C051A CWNTII
/� c�c..•�/"^s ���COMM.Exi.FEI.12.YOt1�
My Commission Expires 2/12/2011
OPTIONAL INFORMATION
Document Information
This certificate must be attached to the following document:
Title or Type of Document: Payment Bond (Labor& Materials)
Signer(s) Other than Named Above: None
Project: #784-Palm Desert Phase II
Capacitv Claimed By Signer
o Individual � Corporate Officer(s) Executive Vice President&COO and
Vice President Design & Construction,
respectively
❑ Partner(s) ❑ Limited ❑ General
o Attorney-in-Fact ❑ Trustee(s) ❑ Guardian/Conservator
a Other
Signer is representing: (name of person[s] or entity[iesj)
Longs Druc� Stores California, Inc.
~ Liberty Mutual Surety
�001 4th Avenue,Suite 1700
Seattle,WA 98154
_ Liberty
Mutual�
MAINTENANCE BOND Bond 660343
KNOW ALL BY THESE PRESENTS,That we, Long Drug Stores California, L.L.C.
as Principal,and Safeco Insurance Company of America ,
a corporation organized under the laws of the State of Washington and duly authorized to do business in
the State of California ,as Surery,are held and firmly bound unto City of Palm Desert, 73-510 Fred
Waring Drive, Palm Desert, CA 92260
as Obligee,in the penal sum of Twenty-five Thousand Four Hundred Twenty-five Dollars And Zero Cents
($ 25,425.00 )
to which payment well and truly to be made we do bind ourselves,our and each of our heirs, executors,administrators, successors and
assigns jointly and severally,firmly by these presents.
WHEREAS,the said Principal entered into a Contract with the
City of Palm Desert dated June 1, 2010
for
WHEREAS,said Contract has been completed,and was approved on
day of June , 2010 .
NOW,TI-iEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work
will be free of any defective materials or workmanship which became apparent during the period of one
year(s)followin�completion of the Contract then this obligation shall be void,otherwise to remain in
full force and effect,provided however,any additional warranty or guarantee whether expressed or implied is extended by the Principal
or Manufacturer only,and the Surety assumes no liability for such a guarantee.
Signed and sealed this 1 st day of June , 2010
Long Drug Stor C nia, L. .
� (Se�l)
(Seal)
� "��� � (Seal)
� SEAL � Safeco Insurance Company of America
m,�'k�N�� ' ..
BY��'`�'��L�- �f. ��ZC�
Christopher R. Kelly Attorney-in-Fact
S-0843/SA 10/99
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Safeco Insurance Company of America
General Insurance Company of America
j.1bE,'l� POWER 1001 4th Avenue
MUtU1I, OF ATTORNEY suite��oo
Seattle,WA 98154
No. 4271
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation,does each hereby appoint
********DONNA K.DOUCET;EDWARD R.FORD;PATRICIA A.HOPGOOD;CHRISTOPHER R.KELLY;CHRISTOPHER
MCCARTY;LAWRENCE E.PARKS;DEBORAH J.THOMSON;PAUL WEITZ;BOSTON,MASSACHUSETTS************
its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 215t day of March , 2009 �
.
!�� ���j' -i-� � .
Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
��� The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seai of the Company may be a facsimile thereof."
I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
Corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal o said corporation
this / �� dayof ,C��� � ��`��� �
�,�, �,,�£cQ,��
� � ��,
"�°�"� �� �.�i
� 5EAL � � SEAL � 1
19'S''� � j x y �� 1
� sZ � Dexter R.Legg,Secretary
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S-0974/DS 3/09 WEB PDF
1 �
ACKNOWLEDGEMENT FOR SURETY
Commonwealth of Massachusetts )
)
County of Suffolk )
I, Patricia A. Hopqood, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that Christopher R. Kelly� Attorney-in-Fact of the Safeco
Insurance Company of America who is personally known to me, appeared before me
this day in person and acknowledged that she signed, sealed, and delivered the
foregoing instrument as her free and voluntary act as Attorney-in-Fact of the for the
uses and purposed therein set forth.
Given under my hand and Notarial Seal this 1st day of June, 2010.
� .
� � ,
'� �-�;�'� �
� -
Notary Public, Patricia A. Hopgood
My commission expires: April 6, 2012
I�tl� C1VE ENT A�R�� � �"
�
DATE OF AGREEMENT: Julv 18, 2008 ►�
NAME OF DEVELOPER: _ Lonqs Druq Stores Califorrsia, �nc
(referred to as "DEVELOPER"}.NAME OF DEVELQPMENT:
Lonqs Drug Store#784 Palm Desert
(referred to as "DEVELOPMENT"),
DEVELOPMENT RESOLUTION
OF APPROVAL NO.: Resolution 2455
(referred to as "Resolutian of Approval")
IMPROVEMENT PLANS NO.:
(referred to as "Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS: $254 250.00
SURETY: Federal Insurance Comnanv
LETTER OF CREDIT/BOND NOS.: 88197-08-44
This Agreement is made and entered into by and between the City of Palm Desert, a
municipal corporation of the State of Califomia, hereinafter referred to as °CITY", and the
DEVELOPER.
RECITALS
A. DEVELOPER has presented to CITY far approval a Conditional Use
Permit/Precise Plan of Development pursuant to provisians of the CITY's
ordinances and regulations relating to development approval.
B. A Conditional Use PermiUPrecise Plan of Development has been
approved, subject to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of
RMPUBt VC fTt760
the Director c�f Cammvnity Developmer�t and is incorporated into this
Agreement by reference.
C. In consideration of the approval of a Conditional Use Permit/Precise
Plan of Development for the DEVELOPMENT by the Planning Commision,
DEVELOPER desires to enter into this Agreement, whereby DEVELOPER
promises to instal! and complete, at DEVELOPER's own expense, all the
public improvement work required by CITY in connection with the proposed
DEVELOPMENT. DEVELOPER has secured this Agreement by
improvement security required by the City and approved by the City Attomey.
D. Complete Improvement Plans for the construction, installation, and
completion of the improvements have been prepared by DEVELOPER and
approved by the City Engineer. The Improvement Plans numbered as
referenced previously in this Agreement are on file in the Office of the City
Engineer and are incorporated into this Agreement by this reference. All
references in this Agreement to the Improvement Pfans shall include
reference to any specifications for the improvements as approved by the City
Engineer.
E. An estimate of the cost for construction of the public improvements
and performing land development work in connection with the improvements
according to the Improvement Plans has been made and has been approved
by the City Engineer. The estimated amount is stated on Page 1 of this
Agreement. The basis for the estimate is on file in the Office of the City
Engineer and is incorporated into this agreement by reference.
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�, CiTY has adopted sfandar�+s for the construction and installation of
impravements within the CITY. The Irnprovement Plans have been prepared
in conformance with CITY standards in effect on the date of the Resolution of
Approval.
NOW, THEREFORE, in consideration of the approval of the DEVELOPMENT,
DEVELOPER and CITY agree as follows:
1) DEVELOPER's Obliqation to Construct Improvements.
DEVELOPER shall:
(a) Comply with all the requirements of the Resolution of Approval, and
any amendments thereto.
(b) Complete at DEVELOPER's own expense, all the public improvement
work required by the Resolution of Approval in conformance with approved
Improvement Plans within ane 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 construction
and installation of the public improvements, free and clear of all liens and
encumbrances. The DEVELOPER's obligations with regard to acquisition by
CITY of off-site rights-of-way, easements and ather interests in real property
shall be subject to a separate agreement between DEVELOPER and CITY.
DEVELOPER shall also be responsible for obtaining any public or private
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sanitary sewer, domestic water, drain���, �r�ci/c�r �tili�y ��s�rr��r��s ar
authorization to accammadate the DEVEL�F'(���I�'.
• {e) Commence const�uction of the impravements by the time established
in Section (21) af this Agreement and complete the improvements by the
deadfine stated in Section (1){b) above, unless a time extension is granted by
the CITY as authorized in Sectian {21}.
2) Acquisition and Dedication of Easements or Rights-of-Way. If any of the
public improvement and land use development work contemplated by this
Agreement is to be constructed or installed on land not owned by CITY ar
DEVELOPER, no construction or installation shall be commenced before:
(a) The offer of dedication to CITY of appropriate rights-of-way,
easements or other interests in real property, and appropriate authorization
from the property owner to allow construction or instaflation of the
improvements or work, or
(b) The dedication to, and acceptance by, CITY of appropriate rights-of-
way, easements or other interests in real property, as determined by the City
Engineer, or
(c) The 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.
Nothing in this Section (2) shall be construed as authorizing or granting an
extension of time to DEVELOPER,
w�NUH�vcn���o
3} Secs.►rity. DEVELQPER shall at a!1 times guarantee DEVEE�(7PER"s
performance by furnishing to CITY, and maintaining, good and sufficient security as
required on forms apprc�ved by CITY for the purposes and in the amounts as follows:
{a) ta assure faithful performance af this Agreement in regard to said
improvements in an amount of 100°!0 of the estimated cost of the
improvements; and
(b) to secure payment to any contractor, subcontractor, persons �enting
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 the security documents referenced on page 1 of this
Agreement are incorporated into this Agreement by this reference. If any
security is replaced 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 incorporated into this
Agreement. Upon provision of a replacement security with the City Engineer
and filing of a repiacement security with the City Clerk, the former security
may be released.
4) Alterations to Improvement Plans.
RMPUI3�VCD\760
(a) Any changes, alterations or additions to the Improvement Plans ?�c�t
exceeding ten percent (10%) of the original estimated cost of the
improvements, which are mutually agreed upon by CITY and DEVELOPER,
shall not relieve the improvement security given for faithful performance of
this Agreement. in the event such changes, alterations, or additions exceed
10% of the origi�al estimated cost of the improvement, DEVELOPER shail
provide improvement security for faithful performance as required by Section
(3) of this Agreement for one hundred percent (100%) of the total estimated
cost of the improvements as changed, altered, or amended, minus any
completed partial releases allowed by Section (6) of this Agreement.
(b) The DEVELOPER shall 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 with applicable state or federal law or CITY
zoning ordinances. If DEVELOPER requests and is granted an extension of
time for completion of the improvements, CITY may apply the standards in
effect at the time of the extension.
5) Inspection. DEVELOPER shall at all 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
Engineer's authorized representative. If the City Engineer, or the designated
representative, determines that the work has been completed in accordance with this
ru�arua�vrt>���o
;-�c�r�;ement, tr�era tt�s City Engin��r shail ��rtify th� cornpletion c�f the pubiic
improvements to the Gity Cc�uncif. No irnprovements �hall be final9y accept�ei 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 of the work of constructing and installing such improvements,
CITY shall be given timely notice of DEVELOPER's readiness for such inspection
and DEVELOPER shall not proceed with additional work until the inspection has
been made and the work approved. DEVELOPER shall bear all costs of inspection
and certification. No improvements shall be deemed completed until accepted
pursuant to Section (16) herein.
6) Release of Securities. The securities required by this Agreement shall be
released as following:
(a) Security given for faithful pertormance of any act, obligation, work or
agreement shall be released upon the finai completion and acceptance of the
act or work, subject to the provisions of subsection {b) hereof.
(b} The City Engineer may release a portion of the security given for
faithful perfarmance of improvement work as the improvement progresses
upon application thereof by the DEVELOPER; provided, however, that no
such release shall be for an amount less than twenty-five percent (25%) of
the total improvement security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount
less than fifty percent (50%) of the total improvement security given for
faithful performance until final completion and acceptance of the improvement
work. In no event shall the City Engineer authorize a release of the
improvement security which would reduce such security to an amount below
RMPUB\VCD1760
tFta# required to guarantee the com�letian of the improvement work and any
other obligation impased 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) manths after completion and acceptance of the work, be reduced to
an amount equal to no less than 125% of the total claimed by all 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 other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all claims and
obligations 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, Pubfic 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 result of any work
under this Agreement. DEVELOPER shall bear the entire cost of replacement or
repairs of any and all public or public utility property damaged or destroyed by
reason of any work done under this Agreement, whether such property is owned by
the United States or any agency thereof, or the State of California, or any agency or
political subdivision thereof, or by CITY or any public or private utility corporatian or
by any combination of such owners. Any repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
xnaE�ua�vcov�
8) Permits. DEVELOPER shall, at DEVELOPER'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 law.
9) Default of DEVELOPER.
(aj Default of DEVELOPER shall include, but not be limited to,
(1) DEVELOPER's failure to timely commence constn.�ction 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 substantial construction work for
a period of twenty (20) calendar days after commencement of the
work;
(5) DEVELOPER's insolvency, appointment of a receiver, or the filing
of any petition in bankruptcy either voluntary 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 conveyance in lieu or in
avoidance af foreclosure; or
(7) DEVELOPER's failure to perform any other obligation under this
Agreement.
(b) CITY reserves to itself all remedies available to it at law or in equity for
breach of DEVELOPER's ob(igations under this Agreement. CITY shall have
the right, subject to this Section, to draw upon or utilize the appropriate
RMPUB\VCD\760
sec�e��ity ta mitigate CITY's dam�ges in ev�nf Qf default by D�VELOPER. 1�he
rigt�t taf CI'i�Y tc� ciraw upon or utiEize th� sec€�rity is adc�itiana{ ta and nat in (ieu
of any other remedy available to CITY. It is specifically recognized that the
estimated costs and security amounts may not reflect the actual cost of
construction or installation of the improvements and, therefore, CITY's
damages for DEVELOPER's default shall be measured by the rost of
compfeting the required improvements. The sums provided by the
improvement security may be used by CITY for the completion of the public
improvements in accordance with the improvement plans and specifications
contained herein.
(c) In the event of DEVELOPER's defaulf under this Agreement,
DEVELOPER authorizes CITY to per�orm such obligation twenty (20) days
after mailing written notice of default to DEVELOPER and to DEVELOPER's
surety, and agrees to pay the entire cost of such perFormance by CITY.
CITY may take over the work and prosecute the same to completion, by
contract or by any other method C(TY 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 C(TY thereby. tn
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 DEVELOPER as may be on the site of the work and
necessary for performance of the work.
(d) Failure of DEVELOPER to comply with the terms of this Agreement
shall constitute consent to the filing by CITY of notice of violation against all
proposed improvements in the DEVELOPMENT, or to rescind the approval or
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otherwise revert the DEVELOPMENT to acreage. The remedy provided hy
this subsection (c) is in addition to and not in (ieu of other remedies available
to CITY. DEVELOPER agrees that the choice of remedy or remedies for
DEVELOPER's breach shall be in the discretion of CITY.
(e) #n the event that DEVELOPER fails to pertorm any obligation
hereunder, DEVELOPER agrees to pay all costs and expenses incurred by
CITY in securing performance of such obligations, including but not limited to
fees and charges of architects, engineers, attomeys, other professionals, and
court costs.
(f) The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that
default or breach or any subsequent default or breach of DEVELOPER.
{10) DEVELOPER Not Agent of CITY. Neither DEVELOPER nor any of
DEVELOPER'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
impravements constructed or installed. Until such time as all improvements required
by this Agreement are fully completed and accepted by CITY, DEVELOPER will be
responsible for the care, maintenance of, and any damage to such improvements.
CITY shall not, nor shall any officer or employee thereof, be liable 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 complstion and
RMPUB\VCD1760
acceptance of the work or improvernents. All such risks shail be the responsibility of
and are hereby assumed by DEVELOPER.
(12) Environmental Warrantv. Prior to the acceptance of any dedications
or improvements by CITY, DEVELOPER shall certify and warrant that neither the
property to be dedicated nor DEVELOPER is in violation 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 connection with environmental law. Neither
DEVELOPER nor any third party will use, generate, manufacture, produce, or
release, on, under, or abaut the property to be dedicated, any hazardous substance
except in compliance with all applicable environmental laws. DEVELOPER has not
caused or permitted the release of, and has no knowledge of the release or
presence of, any hazardous substance on the property to be dedicated or the
migration of any hazardous substance from or to any other property adjacent to, or in
the vicinity of, the property to be dedicated. 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. DEVELOPER shall give prompt written
notice to CITY at the address set forth herein of:
(a) Any proceeding or investigation by any federal, state or local
govemmental authority with respect to the prasence of any hazardous
substance on the property to be dedicated or the migration thereof from or to
any other property adjacent to, or in the vicinity of, the property to be
dedicated;
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(�a) Any claims made or thr�aten�d by any third party against C!TY or the
prflperty tc� be det�icated relatir�g tn any ioss or injury resulking 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 ar any part thereof 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 cantained in this Agreement shall
preclude CITY from expending monies pursuant to agreements concurrently or
previously executed between the parties, or from entering into agreements with other
developers for the apportionment of costs of water and sewer mains, or other
improvements, pursuant to the provisions of the CITY ordinances providing
therefore, nor shall anything in this Agreement commit CITY to any such
apportionment.
(14j DEVELOPER'S Obliqation to Wam Public Durinq Construction. Until
formal final acceptance of the improvements, DEVELOPER shall give good and
adequate warning to the public of each and every dangerous condition existent in
said improvements, and will take all reasonable actions to protect the public from
such dangerous condition.
(15) Vestinq of Ownership. Upon formal final acceptance of the work by
CITY and recordation of the Resolution of Acceptance of Public Improvements,
ownership of the improvements constructed pursuant to this Agreement shall vest in
CITY.
RMPUB\vCD\760
(16) Final Acceptance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the City Engineer after
final comp{etion and inspection of all impravements. The City Council shall ac# 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 not constitute a waiver of defects by CITY.
(17) Indemnity/Hold Harm(ess. CITY or any officer or employee thereof
shall not be liable for any injury to persons or property occasioned by reason of the
acts or omissions of DEVELOPER, its agents, or employees, contractors and
subcontractors 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 fram any and all claims,
demands, causes of action, liability or loss of any sort, because of, or arising out of,
acts or omissions of DEVELOPER, its agents, employees, contractors and
subcontractors in the performance of this Agreement, except for such claims,
demands, causes of action, liability, or loss arising out of the sole active negligence
of the CITY, its officials, 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 of the
improvements. This indemnification and agreement to hold harmless shall extend ta
injuries to persons and damages or taking of prope�ty resulting from the design or
construction of said DEVELOPMENT, and the pub(ic improvements as provided
herein, and in addition, to adjacent property owners as a consequence of the
diversion of waters from the design and construction of public drainage systems,
streets and other public improvements. Acceptance by CITY of the improvements
RMPUBIVCD\760
shall not constitute an assurnption by CITY of any responsibility for any damage or
taking covered by this Section. CfTY shall not be respansible for the design or
construction of the property to be dedicated or the improvements pursuant to the
approved improvement plans or map, regardless of any negligent action or inaction
taken by CITY in approving the plans or map, unless the particular improvement
design was specifically required by CITY over written objection by DEVELOPER
submitted to the City Engineer before 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 to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, DEVELOPER shall not be responsible for routine
maintenance. Provisions of this Section shall remain in fult force and effect for ten (10j
years following the acceptance by CITY of the improvements. it is the intent of this Section
that DEVELOPER shall be responsible for all liability for design and construction of the
improvements installed or work done pursuant to this Agreement and that CITY shall not be
liable for any negligence, nonfeasance, misfeasance or malfeasance in approving,
reviewing, checking, or inspecting any wark or construction. The improvement security
shafl not be required to cover the provisions of this Section.
DEVELOPER shall reimburse CITY for all costs and expenses (including but not
limited to fees and charges of architects, engineers, attorneys, and other professionals, and
court costs) incurred by CITY in enforcing the provisions of this Section.
(18) Personal Nature of DEVELOPER'S Obligations. 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
RMPUSIVCD\7[�
pro��erty within the DEVELQPMENT subject to this Agreement, anci DE�tELOPER
shall not be enfitled to assign its obEigations under this Agreement to any trar�sferee
of ail or any part of the property within the DEVELOPMENT or to any other third
party without the express written consent of CITY.
(19) Sale or Disposition of DEVELOPMENT. Seller or other DEVELOPER
may request a novation of this Agreement and a substitution of security. Upon
approval of the novation and substitution of securities, the DEVELOPER may
request a release or reduction of the securities required by this Agreement. Nothing
in the novation shall relieve the DEVELOPER of the obligations under Section (17)
for the work or improvement done by DEVELOPER.
(20) Time of the Essence. Time is of the essence in the performance of
this Agreement.
(21) Time for Commencement of Work: Time Extensions. DEVELOPER
shall commence substantial construction of the improvements required by this
Agreement not later than six (6) months after the date of this Agreement, In the
event good cause exists as determined by the City Engineer, the time for
commencement of construction or completion of the improvements hereunder may
be extended for a period or periods not exceeding a total of two (2) additional years.
The extension shall be executed in writing by the City Engineer. Any such extension
may be granted without notice to DEVELOPER's surety and shall not affect the
validity of this Agreement ar release the surety or sureties on any securiry given for
this Agreement. The City Engineer shall be the sole and final judge as to whether or
not good cause has been shown to entitle DEVELOPER to an extension. Delay,
other than delay in the commencement of work, resulting from an act of CITY, act of
God, or by storm or inclement weather, strikes, boycotts or similar political actipns
RMPUII\VCD1760
which prevents the conducting of work, which DEVELOPER could not have
reasonably foreseen and, furthermore, were not caused by or contributed to by
DEVELOPER, shali constitute good cause for and extension of the time for
completion. As a condition of such extension, the City Engineer may require
DEVELOPER to fumish new security guaranteeing performance of this Agreement
as extended in an increased amount as necessary to compensate for any increase
in construction costs as determined by the City Engineer.
(22) No Vestinq of Riahts. Performance by DEVELOPER of this
Agreement shall not be construed to vest DEVELOPER's rights with respect to any
change in any zoning or building law or ordinance.
(23) Natices. All notices required or provided for under this Agreement
shall be in writing and delivered in person or sent by mail, postage prepaid and
addressed as provided in this Section. Notice shall be effective on the date it is
delivered in person, or, if mailed, on the date of deposit in the United States mail.
Notices shall be addressed as follows unless a written change of address is filed
with the City:
Notice to CITY: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: Public Works Director
Notice to DEVELOPER: Lonqs Druq Stores Califomia, Inc.
atten: Brad Duey
141 North Civic Drive
Walnut, Creek, CA 94596
Notice to SURETY: Federal Insurance Co.
c/o Marsh Risk and Insurance Co.
Attn: Barbie Norton
One California Street
San Francisco, CA 94111
RMPUA\VCp\760
24) Compliance With Lao�rs. D�VELC?P�#�, its agen#s, er�ployees,
cont3-actors and subcontractors sh�il camp(y with aii federal, state ar�d laca! laws in
the performance of the improvements and land development work required by this
Agreement.
(25) Severabilitv. The provisions of this Agreement are severable. If any
portion of this Agreement is held inva{id by a court of competent jurisdiction, the
remainder of the agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
(26) Captions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
(27) L.itigation or Arbitration. In the event that suit or arbitration is brought
to enforce the teRns of this Agreement, the prevailing party shall be entitled to
litigation costs and reasonable attorneys'fees.
(28) Incorporation of Recitals. The recitals to this Agreement are hereby
incorporated into in the terms of this Agreement.
(29) Entire Agreement. This Agreement constitutes the entire agreement
of the parties with respect to the subject matter. All modifications, amendments, or
waivers of the terms of this Agreement must be in writing and signed by the
appropriate representatives of the parties.
(30) Interpretation.This Agreement shall be interpreted in accordance with
the laws of the State of Califomia.
(31) Jurisdiction. Jurisdiction of all disputes over the terms of this
Agreement shall be in the County of Riverside, State of California.
RMPUB\VCDV60
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t��reir��b�v� first v�rit����; €�y �iT�", �ay �r�3� ���r�;���t�i i�s����r.
CITY OF PAL�11 DESERT
DE
8y:
DEVELOPER MAYC}R
(Proper Notarization f
DEVELOPER's signature is
required and shall be attached)
ATTEST:
- CITY CLERK
APPROVED AS TO FORM:
CITY ATT'ORNEY
xMeua�vc�n�
A,Lt�-PURPQSE ACK�t�1NLECDGI'�E1ti4T
State of California )
)ss.
County of Contra Costa )
On July 22, 2008 , before me, Debra R. Davis, Notary Pubiic, personally appeared
--------------------------------------- Todd Vasos and Shawn Clancy -------------------------_�w
a personally known to me - to be the
person(s) whose name(s�are subscribed to the within instrument and acknowledged to me that
�e�they executed the same in #is�l�their authorized capacity(ies), and that by—#isN�eF/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal. DEBRA R.DAVIS
N Co+�M.�I 1724985
Noru�vvueuc•cu�u �
;b�, .vL,- � ' Mr COM�E n FE1.�11,2011�
My Commission Expires 2/12/2011
OPTIONAL INFORMATION
Document Information
This certificate must be attached to the following document:
Title or Type of Document: Faithful Performance Bond & Payment Bond (Labor& Materials)
Signer(s)Other than Named Above: None
Project: #784-Palm Desert Phase II
Capacitv Claimed Bv Signer
❑ lndividual a Corporate O�cer(s) Executive Vice President&COO and
Vice President Design & Construction,
respectively
❑ Partner(s) ❑ Limited ❑ General
o Attomey-in-Fact o Trustee(s) ❑ GuardianlConservator
❑ Other
Signer is representing: (name of person[s] or entity[iesJ)
Longs Drug Stores California, (nc.
��.�,.�������� ���CP��V�l�..�������"
State of California )
)ss.
County of Contra Costa )
On July 22, 2008 , before me, Debra R. Davis, Notary Public, personally appeared
----------------------------------------Todd Vasos and Shawn Clancy ----------------------------------
o personally known to me - to be the
person(s) whose name(s)-+s�are subscribed to the within instrument and acknowledged to me that
�eEthey executed the same in �-�their authorized capacity(ies), and that by�/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seaL �`�"W DEBRA R.DAVIS
N CoM�+.q 1724965 rn
N07ARY PIRUC•CIWFORMN ='
� COMTRA C06TA COUNiY �
�L�w � Ah Ca�.Ex►.fEo.12.�20�
My Commission Expires 2/12/2011
(�PTIONAL INFORMATION
Document Information
This certificate must be attached ta the following document:
Title or Type of Document: Improvement Agreement
Signer(s)Other than Named Above: None
Project: #784-Palm Desert Phase II
Capacity Claimed Bv Siqner
❑ Individual 0 Corporate Officer(s) Executive Vice President&COO and
Vice President Design & Construction,
respectively
❑ Partner(s) ❑ Limited ❑ General
❑ Attorney-in-Fact o Trustee(s) ❑ Guardian/Conservator
❑ Other
Signer is representing: {narne of person[s) or entity[ies])
Longs Drug Stores California, Inc.
� 1.ONGS DRUG STC)RE-74527 HIGHWAY 111
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--� Circulation Nelwork Slreets
± r City Boundary ' Palm Desert Parcels
Notes
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