HomeMy WebLinkAboutRelease PP 07-01 - Longs Drug Store 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 M�lNG DATE �' -�'`�-� C /�='
Maintenance Bond 660343
C�c�Te�u�a ro 7- �- � C/�l
DATE: June 24, 2010
� ❑ PASSED TU 2Na READt(�6
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 Analysis
There is no fiscal impact associated with this action.
Prepared By: ,, ,� / Depart H d:
���
�� �
Christina Canales, Assistant Engineer Mark Gre wood, P.E.,
Director of Public Works
�'Li
Paul S. Gibson, Director of Finance
Approval:
����--,---%
J M. Wohlmuth, City Manager
,
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C1�"Y` �3�' �'�►�.Y� �}Ea���'
�T�,I�CD�►R�7+ [�4�R�lt J"�
��►ITHFU�. F'E��ORiliiA�lCE �Oi�CD 1.../ Q
6�1�►ftIIE OF DEVELC?P�Ei�lT: �-an,q's Drugs PP 07-01
NA61�E OF DEVELC)PlEIR:
�IA►iViE OF Sl9RETY• Federal Insurance Company
EFFECTIVE DA►TE: 7�18/2008
AMOUNT OF BOND: $2�a,25o.00
BOND NU[ViBER: 8197-08-44
PREMIUM: ��,2��.00
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, or otherwise, named on Line 2 above, without regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of
California and presently possessed of authority under Title 6 of the United States
Code to do business under Sections 6 to 13 thereof, in the aggregate amoun#s
hereof, hereinafter referred to as SURETY, are jointly and severally held and
firmly bound unto the City of Palm Desert, a municipai corporation of the State of
California, hereinafter referred to as CITY, in the sum mentioned on Line 5
above, for the faithful performance of that certain IMPROVEMENT AGREEMENT
between PRINCIPAL and CITY regarding the subdivision named on Line 1
above, as required by the provisions of the Subdivision Map Act and CITY
; ardinances, resolutions, rules, and regulations, for the payment of which sums
;
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weli and truly to be made, PRINCIPAL and �URETY hereby bind themselves,
their heirs, adminis#rators, executc�rs, successars and assigns, jointfy and
severaily, firmly by these presents.
THE CONDITION of the foregoing obligation is such that if the said
PRINCiPAL sha11 faithfully pertorm the covenants, conditions, and agreements
contained in that certain IMPROVEMENT AGREEMENT between PRINCIPAL
and CITY regarding the development 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 shalt fumish material
in compliance with #he spec�cations and perform all that certain work and
improvement in said CIIY which is more particularly described in said
1MPROVEMENT 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 vatue received, hereby stipuiates and agrees that
no change, extension of time, alteration or addition to the terms of the
IMPROVEMENT AGREEMENT or to the work to be perFormed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the IMPROVEMENT AGREEMENT, #he
work, the specifications or any feature or item of pertormance thereunder. In the
event it becomes necessary for CITY to bring an ac#ion to enforce this bond,
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SURETY shai{ pay CiTY'S reasanabie attorney's fees and court costs in
connectian therewith.
IN WiTNESS WHERE(?F, PRiNCIPAL and SURETY have executed this
instrument on the date mentioned on Line 4 of Page 1 hereaf,
Longs Drug Sto a �rnia inc.
PRINCIPA
PRlNCIPAL
Federaf Insurance Company
,�'���'' �'�,��`��.��
S RETYgarbie Norton,Attomey-ln-Fact
SURETY Devan Perona,witness
{Notarial acknowledgment of execution by ALL PRINC[PALS and SURETY must
be attached.)
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STATE OF CALI�ORNIA )
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CO UNTY OF S'AN FRANC�SC.'(3 )
OTt _ Ju2y 18, Zooa before me, Doris B.Diaz. Notary Public
Dcte Name,Tit!¢ojOfficer,Notary Publlc
personally appeared Barbie Norton,Attornev In-Fact
NAME(S)OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person6t) whose
names�I) is/cQ� subscribed to ihe within instrument and acknowledged to me that
lJk/she,/t1�y executed the same in 1}[s/her/t�ir authorized capacity(�!s), and tliat by
1�ls/her/t1�Eir signature� on the instrument tlie person(�, or the entity upon behalf of
which the person�y') acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
N R!S B. D!�
{� C4MM.�f 6T8330
�-rti-, �j' �:x�.. lC � � NOTARYPUBLIC-C/WfORNtA �j
- U $AN FRANCI8C0 COUNTY N
Sig�iature ojNotary � � p�y COrtlm,F�tgg,ItAy�g.�p10 i}
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AL�-PUR�USE ACK�10�1lLEQGfitllEfVT
State of California )
)ss.
County of Contra Costa )
On July 22, 2008 , before me, Debra R. Davis, Notary Public, personaliy appeared
----------------------------------------Todd Vasos and Shawn Ciancy ----------------------------------
o personally known to me - to be the
person(s) whose name(s�are subscribed to the within instrument and acknowledged to me that
�they executed the same in I�+s�ef�their authorized capacity(ies), and that by-#+sF�e�/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 offcial seal. DEBRA R.DAVIS
- CoMM,#1724985
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My Commission Expires 2/12/2011
OPTIONAL INFORMATION
Document Infarmation
This certificate must be attached to the following document:
Title or Type of Document: Faithful Performance Bond
Signer(s) Other than Named Above: None
Project: #784-Palm Desert Phase II
Capacitv Claimed Bv Sianer
❑ Individual Q Corporate Officer(s) Executive Vice President&COO and
Vice President Design & Construction,
respectively
o Partner(s) o Limited o General
a Attorney-in-Fact o Trustee{s) ❑ Guardian/Conservator
o Other
Signer is representing: (name of person[s] qr entity(ies])
Longs Drug Stores California, Inc.
. � . ,�;., < tix �
.
�..���rv����y �e'a����
����,:�:��.L, IINS� � �N��� C :�AN�
P.C�. BC)� 1615 15 M+OUNTAIN VIEW RQAD
WA�N, NJ 07d61-I�15
80fl-252-4670
Agent for Service of Process
JERE KEPRIOS, C/O CT CQRPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
Lt}S ANGELES, CA 90017
U3lable to Locate_the Agent for Service of Process?
Reference Information
NAIC#: 20281
NAIC Crroup#: 0038
California Company ID#: 0059-6
Date authorized in California: December 18, 1902
License Status: UNLIMITED-NORMAL
Company Type: Property&Casualty
State of Domicile: INDIANA
Z.fines of Insurance l�uthorized 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 CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
http:l/interactive.web.iz�surance.ca.govlweb�►ser/idb co�rof utl,get_co_pro#'?p_EID=2b52 7I28/2008
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Compan,y�'erformat�ce 8i Cc�n�parison IIata
Co�p_.posite Con�plaint Studaes
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Help Me Fizid a Coni�any Representa#ive_i�l My_�rea
Financial..Ratina Or�anizatio��s
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I,ast Revised-Iune 27,2008 09:13 AM
Copyright�Califomia Deparoment of Insurance
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- � -
Ci�"Y f3F PAL�l1 �E�E�Y
�TA�DARD FOF�il�
�'A►YilIiEN'i' �OND
(�.A�OR & i�iATER1AL�} C�
t�A►ME OF PROJECT: Longs Drugs PP 07-01
WAf�IE OF DEVELOPER:
idAflflE OF SURETY: Federai Insurance Company
EF�ECTIVE DATE: �t�s/2oos
AII��UA1T OF BORlD: $127,125.00
BOND NUflABER: 8197-08-44
PRE11flIUiVi' �ncluded with Performance Bond
K�iOUV 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 Caiifornia 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 jointly
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 perFormed under the terms of that certain IMPROVEMENT
AGREEMENT hereinafter mentioned and all persons, companies or corporations
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renting or hiring te�ms or impiements, or machinery, for contributing to said work
to be done, aH persons who p�rfarmed work or labor upon the same, and all
persons who suppiy both work and materiats, and whose claim has not been paid
by PR(NCIPAL in the just and fuil sum men#ioned on Line 5 of Page 1 hereof for
the payment whereof, weN and truly to be made, said PRINCIPAL and SURETY
bind themselves, their heirs, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THE OBLIGATlON is such that whereas the above-
bounden PRINCIPAL has entered into an lMPROVEMENT AGREEMENT with
the City of Patm Desert, a municipal corporation of the State of Califomia,
hereinafter referred to as CITY, for the construction of public improvements in the
project named on Line 1 of Page 1 hereof, which said IMPROVEMENT
AGREEMENT is by this reference incorporated herein:
NOUV, THEREFORE, if the above-bounden PRINCIPAL, contractor,
person, company or carporation, or his or its subcontrac#or, or subcon#ractors,
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 done,
or for any work or tabor done thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work for fabor, 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 shail be awarded by the court to the prevailing party in said suit, said
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�ttorr�ey's fee to be taxed as costs in saic! suit and tc� l�e i��c�uded in the judgment
therein rendered.
This bond is executed and filed to compiy with the provisions of a!I
applicable CITY ordinances, resolutions, rules and regulations supplemental
thereto; and ail amendments thereto; and shall inure to the benefit af any and ail
materialmen, persons, companies or corporations entitled to file claims under
and by virtue of the provisions thereof.
IN UVITNESS lIVHEREOF, PRINCIPAL AND SURETY have executed this
instrument the date mentioned on Line 4 of Page 1 hereof.
Longs Drug ores� lifomia lnc.
PRINC
PR1N IPAL
Federal Insurance Company
'� �it� %'t.__—
REN Barbie IVorton,Attorney-In-Fact
� -vt , 9
SURETY pevan Perona,witness
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY
must be attached.)
APPROVED AS TO FORM:
DAVID J. ERWlN, CITY ATt'ORNEY
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STATE OF CALIFORNI"A )
)
CO UNTY OF SAN FRtfNCISCO )
On __ auiy i.s, zoos before jne, ___Doris B.Diaz.Notary Public
Date Name,TitleojOjftcer,NolaryAublic
personally appeared Barbie Norton,Attornev-In-Fact
NAML(SJ OFSICNER(S) "'"
who proved to me on the basis of satisfactory evidence to be the person6f) whase
names�t) is/� subscribed to the within instrument and acknowledged to me thut
�1she/t1�y executed the same in lXs/her/tj�ir authorized capacity(�s), a„d nc�� by
iXs/her/tl�lir signature� on the instrument the person(�, or the entity upon behalf of
ivhich the person�)acted, executed the instrumei:t
I certify under PENALTY OF PERJURY under the taws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand ai:d officia[seal.
�...�-..........�,...�
N �oR�s B. �i�
,�-�-=> - %�� m . caa��.��s�s�o �
NOTARY PU8lIC-CALIFORNtA N
Signarure of Notary s�F������' N
MN��►.F.xpf�eD JWy 29,2010
.,� �h��ab �� �- . �..._..�. _...........�... .,.�...�,..., .,..... .,.�..,r., r..,.�........,.�
$�1C�I�c�t1��t151l1`�#10E.' �OtTlpl�ili}° ���iOUiitr`ltC3�iL'Uv' ��O�C�
SUCEtt� AT�����^1�Y ��C#fIC�f1C��Ct4ft1�C�ti1p3C1'�i Warren, �,� Of Q5�
' b�Lt1�IL3
Know Atl by These Presents, T#iat �E(3�FfAL INSUftAri3CE CCtMPRNY, an indiana corpc,ratior�, VIGEl�1NT it�SURANCE
CtJMPANY. a New York corporation, anci PACl�IC YNL?EP�9NITY Ct7MP,��#Y, a �'Visconsin corporaEion, do each hereby constStute and
appoint Saundra L. Gingras, Barble Nartor7, ShailesY� Patel, t3evar� F�eresna anci J�ff Prevost af San Francisco,
Cal iforn ia_____________________________________________________________________________________________________________m._---------_.....___.....____
each as their Irue and law(ul Attomey in-Fact to execute under such designation in their names and to affix Iheir corporate seals t�s and deliver for and on their behalf as surety
Ihereon or otherwise,bonds and undartakings and olher wriUngs obligatory in the nature thereof(olher tha�bail bonds)given or executed m lhe course of business,and any
insirumanls amending or altering ihe same,and consenis lo the modification or alteration of any insirument reterred to in said bonds or obligaGons.
In Witness Whereoi,said FEDERAL INSURANCE COMP�NY,VIGILANT tNSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and a(fixed Iheir corporate seals on this 14 . day or March,20�8
_ � �
��C�.��f� /�, //V e�Z�� t..��---+.___. '� �
enneth C.Wen el,�sisTant Secretary � .Norris,Jr.,Vice Pre ent
STATE OF NEW JERSEY
ss.
County of Somerset
On lhis �4�h. day ot �BCCh,2��8 before me,a Notary PubHc of New Jersey,personally wme Kenneth C.Wendel,to me
known lo be Assistanl Secretary o(FEDERAL tNSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFtC INDEMNITY COMPANY,the companies which
axecuted the toregofng Power of AtWrney, and Ihe said Kenneth C.Wendel. being by me duly swom, did depose and say Uiat he is Assistan!Sec►etary of FEDERAL
INSURANCE COMPANY,VIGIIANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporale seals thmeof,that lhe seals affixed to the
foregoing Power of Attomey are such corporate seals and were ihereto affixad by authority ol lhe By-Laws of said Compenies;a�d ihat he signed said Power of Attorney as
Assislanl Secrelary of said Companies by like authorily,and thal he is acquainted with David B.Norcis,Jr„and knows him to be Vice President of said Companies;and that lhe
signalure of David B.Norris,Jr.,subsc�ibed to said Power of Attomey is in the genu+ne handwriting oI David B.Norris,Jr.,and was thereto subscribed by authority of said By-
Laws and in deponenYs presence.
Notariai Seal
aEN6.e
��Q . ��,o STEPHEN B.BRAOT
`�t1�:T`��;; -� Notary Pubtic,State of New Jsrae�r _
1�0.2321097 Notary Public
, ' - ' , Commission Expiras Oet.25,2009
CERTlFICATION
Extracl trom the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC 1NDEMNITY COMPANY:
"All powers of atlomey for and on behalf of ihe Company may and shall be execuled in ihe name and on behalf of the Company,either by the Cha�rman or the
President or a�ce President or an Assistant Vice President,jointly with the Secretary or an Assistant Secrelary,under their respedive designations.7he
signature of such o�cers may be engraved,printed or lithographed.The signature of each of the following oificers:Chairman,President,any Vice President,any
Assistant Vice Presidenl,any Secrelary,any Assislant Secretary and lhe seal oF lhe Company may be�xed by facsimile to any power of atlomey or to any
certtficale relating lhereto appointing Assistant Secreiaries or Atlorneys-in-Facl for purposes oniy o(executing and attesting bonds and undertakings and other
writings obligalory in the nature thereot,and any such power of allomey or certificate bearng such facsimile signature or(acsimile seal shaN be vaikl and binding
upon the Company and any such power so execuled and ceAified by such facsimile signature and(acsimile seal shail be vaUd and binding upon ihe Company
with respecl to any bond or undeAaking to which it is atlached'
I,Kennath C.Wendei,Assistant Secretary of FEDERAI INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY
(ihe'Companies")do hereby cerfiry thai
(I) the foregang ezlrect o!the By-Laws of ihe Companies is trua and correct,
(ii) lhe Companies are du(y licensed and authorized to transact surety business in all 50 of the United States of Ameriw and�he Distnct of Columbia and are
authorized by the U.S.Treawry DepaRment;further,Federal and vgilanl are licensed in PueAo Rko and the U.S.Virgin islands,and Federel is licensed in
American Samoa,Guam,and eaeh of ihe Provinces of Cansda except Prince Edward island;and
(iii) lha foregoing Power of Attomey is frue,correct and in tull torce and effect.
Given under my hand and seals oi said Companies at Wanen,NJ Ihis July 1$,2008.
�sVRAM� ,�WMWIr `aS�MMCFI�
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�1Vb�AN�'� �cOKS�. MFW'foP�" N
, Kenneth C.Wend ,Assislanl Secretary
� IN THE EVENT YOU W ISH TO tJOTIFY US OF A CLAIM VERIFY THE AUTHENTICITY OF 7HIS BOND OR NOTIFY US OF ANY OTHER
MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY 7elephone{908)903 3493 Fax(908)903-3656
��.��._.�� e-maiL•_sure chubb.com
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Form 15-10-02258-U (Ed.5-03) CONSENT
.
�,L�.-PURPO sE ACKA1C11�ILEC�G�ENT
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}�are subscribed to the within instrument and acknowledged to me that
#�e�st�they executed the same in �isE#er�their authorized capacity(ies), and that by—#is�ktief/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
� Coa�.# 1724965 ,A
N NOTARYPUBLIC•CAL�qINW u'
CONTRA COSiA CWN1T
�. �,�,�� ���COMY.E1tv.FEI.12,2011 "'
�...�M..,i...,r..wr.��
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 Bv Sianer
a Individual 0 Corporate Officer(s) Executive Vice President&COO and
Vice President Design & Construction,
respectively
❑ Partner(s) o Limited o General
❑ Attorney-in-Fact o Trustee(s) ❑ Guardian/Conservator
o Other
Signer is representing: (name of person[s] or entityjies])
Longs Druc� Stores California, 1nc.
.
~ Liberty Mutual Surety
1001 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 W2shington and duly authorized to do business in
the State of California ,as Surety,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,THEREFORE,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)following 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. .
� (Seal)
(Seal)
�"'"�►y� �� (Seal)
� 5EAL � Safeco Insurance Company of America
a�r 1953 � .
E�w�
By �f
Christopher R. Kelly Attorney-in-Fact
S-0843/SA 10/99
XDP
�•
� .
Safeco Insurance Company of America
General Insurance Company of America
L1bC1'"� POWER 1001 4th Avenue
MUtUdl. 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,MASSACHUSETfS************
its true and lawful attorney(s)-in-fact,with fuil 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 21 st day of March , 2009 �
1�� �.�� , � .
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:
"Articie 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 seal 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 stili in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal o said corporation
this / ��� dayof ���L� .
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� tsZ7 �, Dexter R.Legg,Secretary
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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.
� �
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Notary Public, Patricia A. Hopgood
My commission expires: April 6, 2012
I���OVE EiVT A,C3RE��'I� `�
�
DATE OF AGREEMENT: Julv 18, 2008 �
NAME OF DEVELOPER: Lanqs Drug Stores Califo�nia, 9nc
(referred to as "DEVELOPER").NAME t�F DEVELOPMENT:
Lonqs Drug Store#784, Palm Desert
(referred to as "DEVELOPMENT").
DEVELOPMENT RESOLUTION
OF APPROVAL NO.: Resolution 2455
(referred to as "Resolufron af Approval")
IMPROVEMENT PLANS NO.:
(refeRed to as "Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS: $254 250.00
SURETY: Federal Insurance Com�anv
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 for approval a Conditional Use
Permit/Precise Plan of Development pursuant to provisions 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 conditians contained in the
Resolution of Approval. The Resolution of Appraval is on file in the 4ffice of
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the Directc�r af Community Developmerit and is incorporated into this
Agreemer�t 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
pramises to install 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 Attorney.
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 Plans shall include
reference to any specifications for the improvements as approved by the City
Engineer.
E. An estimate of the cost for canstruction of the public improvements
and performing land deveiopment 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 standar�+s for the construction and installation of
improvements 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 Obliaation to Construct Improvements.
DEVELOPER shall:
(a) Comply with a!I the requirements of the Resalution of Approvai, 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
Impravement Plans within one year from date of execution of this Agreement.
(c) Furnish the necessary materials for completion of the public
improvements in conformiry 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 other 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���, �nd/c�r ut�lity ����rr��r��s ar
authorization to accommodate the DEVE1_t�PC�FN�.
• (e) Commence construction of the improvements by the time established
in Sectian (21) of this Agreement and camplete the improvements by the
deadline stated in Sectian (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
public improvement and land use development work contemplated by this
Agreement is to be constructed or installed on land not owned by CITY or
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 approp�iate authorization
from the property owner to allaw construction or installatian 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 comp(y
in all respects with the order af possession.
Nothing in this Section (2) shall be construed as authorizing or granting an
extension af time to DEVELOPER.
�n�+NUH�vcn���o
3) Sec�arity. DEVELUPER st�ail at a11 times guarantee DEV�LC}PER's
performance by furnishing to CITY, and maintaining, good and sufficient security as
required on forms approved by CITY for the purposes and in the amounts as follows:
(a) to assure faithful performance af this Agreement in regard to said
improvements in an amount of 100% of the estimated GOSt of the
improvements; and
(b) to secure payment to 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 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 securi�y, 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 af 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.
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(a) Any changes, alterations or additions fo the Improvement Plans not
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 original 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 refeases allowed by Section (6) of this Agreement.
(b) The DEVELOPER sha(I construct the improvements in accordance
with CITY standards in effect at the time af 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 completian 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
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f�gr�;ernent, tt�en the City Engine�r st�all certify th� campletion of the public
improvemer►ts tn ihe City Council. �!o i��nprov�rnents �hall 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 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 shaH bear ali 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 performance of any act, obligation, work or
agreement shall be released upon the final 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 performance of improvement work as the improvement progresses
upon application thereof by the DEVEL(3PER; 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 wark and that the security shail 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 wauld reduce such security to an amount below
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tha# required #o guarantee the cornpletion af the irnprovement work and any
other obligation imposed by this Agreement.
(c) Security given to secure payment to the contractor, his or her
subcontracfiors and to persons furnishing labor, materials or equipment shall,
at six (6) months 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.
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8) Permits. DEVELOPER shall, at DEVELOPER's expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give ail necessary notices and pay all fees and taxes required by law.
9) Default of DEVELOPER.
(a� Default of DEVELOPER shall include, but not be limited to,
(1) DEVELOPER's failure to timely commence construction of this
Agreement;
(2) DEVE�OPER'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) ca(endar days after commencement of the
wark;
{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 cammencement of a foreclosure action against the
DEVELOPMENT or a portion thereof, or any conveyance in lieu or in
avoidance of 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
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sec��rity to mitigate CITY`s damages in evenf af default by D�VELOPER. fhe
right of CI'CY to draw upor� or utiiize the security is additionai ta and not in lieu
of any other remedy available to CITY. It is specifically recogni�ed that the
estimated costs and security amounts may not reflect the actual cnst of
construction or installation of the improvements and, therefore, CITY's
damages for DEVELOPER's default shall be measured by the cost of
completing the required improvements. The sums provided by the
improvement security may be used by CITY for the completion of the public
improvements in accordance with the improvement plans and specifications
contained herein.
(c) In the event of DEVELOPER's default under this Agreement,
DEVELOPER authorizes CfTY to perform 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 CITY may deem advisable, for the account
and at the expense of DEVELOPER, and DEVELOPER's surety sha(I be
liable to CITY for any excess cost or damages occasioned CITY thereby. In
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 appraval or
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otherwise revert the DEVELOPMENT to acreage. The remedy provided by
this subsection (c) is in addition to and not in lieu 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 al( costs and expenses incurred by
CITY in securing performance of such obligations, inciuding but not limited to
fees and charges of architects, engineers, attorneys, other professionals, and
court costs.
(� 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 subcon#ractors 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 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 completion and
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acceptance of the work or improvements. A{I such risks shafl be the responsibility of
and are hereby assumed by DEVELOPER.
(12) Environmental Warranty. 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 about the property to be dedicated, any hazardous substance
except in compliance with alf applicable environmental laws. DEVELOPER has not
caused or permitted the release of, and has no know(edge 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 presence of any hazardous
substance on the property to be dedicated or the migration thereof from or to
any other property adjacent to, or in the vicinity of, the property to be
dedicated;
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{b} Rny c(aims m�de ar threatened by any third party �gainst C!TY or (he
property fo be dedicated rel�ting to any loss ar injury resulting frc�m 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 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 Aqreements. Nothing contained 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 C1TY ordinances providing
therefore, nor sha(I anything in this Agreement commit CITY to any such
apportionment.
(14) DEVELOPER'S Obligation 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) Vestina of Ownership. Upon formal fina( acceptance of the work by
CITY and recordation of the Resolution of Acceptance of Public Improvements,
ownership of the improvements constructed pursuant ta this Agreement shall vest in
CITY.
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(16) Final Acceptance of Work. Acceptance of th� work on behalf of CITY
shall be made by the City Council upon recommendation of the City Engineer afte�
final completion and inspection of all impravements. The City Council shall act upon
the Engineer's recommendation within sixty (60) days from the date the City
Engineer certifies that the work has been finally completed, as provided in Section
(6). Such acceptance shall not constitute a waiver of defects by CITY.
(17) Indemnity/Hold Harmless. CITY or any officer or employee thereof
sha(I not be liable for any injury to persons or property occasioned by reason of the
acts or omissions of DEVEL4PER, 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 from any and all claims,
demands, causes of action, liability or loss of any sort, because of, or arising out of,
acts or omissions af 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 af 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 to
injuries to persons and damages or taking of property resulting from the design or
construction of said DEVELOPMENT, and the public improvements as provided
herein, and in addition, to adjacent property owners as a consequence of the
diversion of waters from the design and construction af public drainage systems,
streets and other public improvements. Acceptance by CITY of the improvements
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shall not constitute an assumption by C(TY of any responsibility far any damage or
taking covered by this Section, C(TY shalf not be responsible for the design or
construction of the property to be dedicated or the improvements pursuant to the
approved improvement plans or map, regard{ess 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 ful! force and effect for ten (10)
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 work or construction. The improvement security
shall 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, attomeys, 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
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property within the DEVELOPMENT subject to this Agreement, anci DEVELOP�R
shall nc�t be entitled to assign its obligativns under this Agreernent to any trar�sferee
of ali or any part of the property within the DEVELQPMENT or to any other third
party without the axpress 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 perForrnance 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 sha(I 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 or release the surety or sureties on any security given for
this Agreement. The City Engineer sha(I 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 actions
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which prevents the conducting of work, which DEVELOPER could nat have
reasonably foreseen and, furthermore, were not caused by or contributed to by
DEVELOPER, shall constitute good cause for and extension of the time for
completion. As a candition of such extension, the City Engineer may require
DEVELOPER to furnish 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 Rights. 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
shatl be in writing and delivered in person or sent hy 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: Longs Druq Stores Califomia, Inc._
atten: Brad Duev
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
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24) Compliance With Laws. ��VELc�PER, ii� agents, ernployees,
cont;°actors and subcontractors shall comply with ai( federal, state and local laws in
the performance of the improvements and fand 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) Litiaation or Arbitration. In the event that suit or arbitration is brought
to enforce the terms of this Agreement, the prevailing party shall be entitled to
litigation costs and reasonable attorneys'fees.
(28) Incor�oration 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\VCDq60
• ��
I�S '�'IT��S� U�F-����.��, tl�€� A,g���fr��r�t is �x�ru��c� ��y �1�� E:a�rti�� �� c�f �h� ��f� ��,�
t��r�in�bc�v� first�v�i���ri; �� �5��°, ��y �r��.� t��c���c�t� i�������r.
CITY t?F PALM DESERT
�E
By:
DEVELOPER MAYflR
(Proper Notarization f
DEVELOPER's signature is
required and shall be attached)
ATTEST:
- CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
xMNu��vc�v�
AI.1»-FURPQSE t�CK�it3WLEC3G11�E�4T
State of Califor nia )
)ss.
County of Contra Costa )
On Jufy 22, 2008 , before me, Debra R. Davis, Notary Public, personally appeared
---------------------------------------Todd Vasos and Shawn Clancy -------------------------------_
❑ personaily known to me - to be the
person(s) whose name(s}�are subscribed to the within instrument and acknowledged to me that
�ie�they executed the same in �+s/�ie�'�their authorized capacity(ies), and that by�+s�qe�/tfieir
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 officia{ seal. � DEBRA R.DAVIS
� Co�M.#I 1724985 tA
� N NOIARYPUBLIGCAtIFORMUI W
CONTRA COiTA COUMTY �
;e�. vL,. Alr COM�.Exr.Fel.12,2011�
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 Siqner
❑ Individual 0 Corporate Officer(s) Executive Vice President&COO and
Vice President Design & Construction,
respective{y
❑ Partner(s) o Limited a General
o Attomey-in-Fact ❑ Trustee(s) ❑ GuardianlConservator
❑ Other
Signer is representing: (name of person[sJ or entity[iesJ)
Longs Drug Stores California, inc.
�,t,.�..��t������ ���C�J(� �.��C��i���"
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 Ciancy ----------------------------------
a personally known to me - to be the
person(s) whose name(s)-�is�are subscribed to the within instrument and acknowledged to me that
�eEthey executed the same in I�+s�e�-�their authorized capacity(ies), and that by�►is�ef/their
signature(s) on the instrument the person(s), or the entity upon beha{f of which the person(s) acted,
executed the instrument.
Witness my hand and official seal. �""'""pEg`R R DAVIS
� CoM�►.N 1724965
� NOTARY itlBUC•GUFORNM N
CONiIN COSTA COUNTY r
�L�j�_ � Mr�UYY.EKi.FE�•1$.ZD11 j
..�..+�..•.•..�•r..--
My Commission Expires 2/12/2011
OPTIONAL INFORMATION
Document Information
This certificate must be attached to the following document:
Title or Type of Document: lmprovement Agreement
Signer(s)Other than Named Above: None
Project: #784-Palm Desert Phase II
Capacitv Claimed By Siqner
o 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
o Other
Signer is representing: (narne of person[s) or entity[ies])
Longs Drug Stores California, Inc.
1.ONGS DRUG STaRE-74527 HIGHINAY 111
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��L�DESERT DRI�.E111 ` �
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1:2,862
�° Circulation Nerivork Streels
i r� City Boundary , Palm Desert Parcels
' � Notes
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