HomeMy WebLinkAboutRelease Security and Waive PP 07-03 Bob & Marilyn Ford �
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR PP 07-03 (FORD BUILDING) AND
WAIVE THE MAINTENANCE BOND REQUIREMENT
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Bob and Marilyn Ford
73550 Alessandro Drive, Suite 5
Palm Desert, CA 92260
Indemnity Company of California
P.O. Box 19725
Irvine, CA 92713
BOND NUMBER: 727496S
DATE: May 13, 2010
CONTENTS: Performance Security
Agreement
Vicinity Map
Recommendation
By Minute Motion, release security for PP 07-03 (Ford Building) and waive
the maintenance bond requirement.
Backqround
The Ford Building is located at 73-141 Fred Waring Drive east of Monterey Avenue. At
the time of permit issuance, performance security in the total amount of $30,825 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. A maintenance bond is not being requested because improvements have
been complete for over one year.
Staff Report
Release Security for PP 07-03 (Ford Building) and Waive Maintenance Bond Requirement
May 13, 2010
Page 2 of 2
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By: Departme t e :
� •�?�1� l � ' C' �����.
C ristina Canales, Assistant Engineer Mark Green ood, P.E.,
Director of Public Works
Paul S. Gibson, Directorof Finance CITYCOtJNCILACTION
API�R�V�?D � nTyir�
RrCI;IVEU (3�THF,Id
Approval: MF,ET(NG DATE -a.0 C� —
Al'I;S; � � ( ��c �
� NOES: '���e.
�U� �
ABSENT: l�n+�
M. Wohlmuth, City Manager ABSTAIN:
VERIFIED BY:
��`'✓ Original on File with City Clcrk's f�ce
- i -
CITY OF PALN1 DESERT
STANDARDFORM
FAITHFUL PERFORMANCE BOND
MARTLYN J. & RQBERT A_ FORD LIVING TRUST
NAME OF DEVELOPMENT: �3141 FRED WARTNG DRTVE LO`P 13, PALM VILLAGE UNIT #12
NAME OF DEVELOPER: M�RTLYN J. & ROBERT A. FORD LIVING TRtJST
NAME OF SURETY: �NDEMNITY COMPANX OF CALIFORNIA
EFFECTIVE DATE: �RCH �o, aoos
AMOUNT �F BOtdD: $2fl.550.o0
BOND NUMBER: 7274965
PREMIUM: 561�.00
KNOW ALL MEN BY THESE PRESENTS: That the person; �firm, -
corporation, entity, or atherwise, 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 carporation autharized ta do business in the State of
California and presently possessed of authority �nder Title fi of the United States
Code to da business under Sections 8 to 13 thereof, in the aggregate amounts
hereof, hereinafter referred to as SURETY, are jointly and severalEy held and
firmly bound unta the City of Palm Desert, a municipa! 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
betirveen 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
G:1PubWorkslLand Development\TemplateslFaithful Performance Bond Standard Form.doc
_ 2 _
wefl and truly to be made, PRINCIPAL and SURETY hereby bind themselves,
their heirs, administrators,. executors, successars and assigns, jointly and
severaily, firmly by these presents.
THE CONDITION of the foregoing obligation is such that if the said
PRlNCIPAL shall faithfully perfarm the covenants, conditions, and agreements
contained in thaf cer�ain IMPROVEMENT AGREEMENT between PRINCIPAL
and CITY regarding �he development named on L.ine 1 of Page 1 hereof, which
said agreement is by this reference incorporated herein, on its part to be kept
and perFormed, in a manner and form therein specified, and shall furnish material
in compfiance with the specifications and perform all that certain work and
improvement in said C[TY which is mare particularly described in said
IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful
perFormance of said IMPROVEMENT AGREEMENT shali be void, otherwise to
remain in full force and effect.
The said SURETY, for value received, hereby stipulates and agrees fhat
no change, extension of time, alteration or addition to the terms of the
IMPR�VEMENT AGREEMENT or to the wark to be performed thereunder ar the
specifcations accompanying the same shafi 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 fihe terms of #he iMPROVEMENT AGREEMENT, the
work, the specifications or any feature or item of performance thereunder. ln the
event it becomes necessary fior CETY to bring an action ta enforce this bond,
G:\PubWorkslLand DevekopmentlTemplateslFaiihful F'erformance Bond Standard Form.doc
_3 �
SURElY shall pay CITY'S reasonable attorney's fees and court costs in
connectian therewith.
1N WITNESS WHEREOF, PRINCIPAL and SURETY have executed this
insfrument on the date mentioned on Line 4 of Page 1 hereof.
P INCI AL
�
P INC[PAL
INDEMNITY COMPANY OF CALZFORNIA
SURETY
�
SURETY
ANN WILLARD, ATTORI3EX—IIJ—FACT
(Notarial acknowledgment of execufiion by ALL PRINCiPALS and SURETY must
be attached.)
G:\PubWorkslLand DevelopmentiTemplates\Faithfui Performance Bond Standard Forrn.doc
-4-
G:�PubWorkslLand DevelopmenOTemplates�Faithful Performance Bond Standard Form.doc
G:1PubWorkslLand DevelopmenBTemplateslFaithfuf Performance Bond Standard Form.doc
POWER OF ATTORNEY FOR
DEYELOPERS SURETYAND WDEMNITY COMPANY
INDEMNIFY COMPANY OF CALfFORNIA
PO Box 19725,IRVINE,CA 92623{949)263-3300
KNOW ALL MEN BY THESE PRESENTS,tltat as excep!as expressly limited,DEVELOPERS SURETY AND INDEMNiTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,here6y make,constitute and appoinE:
** Ann Willard, Diane M. Nielsen, Van G. Tanner, ]eanette McCulloch, jointly or severally***
as thefr We and lawful Attomey(s)-in-Fact,to make,execute,detiver and actcnowtedge,for and on behatF of said corporaGons,as sureties,bonds,undertakings and contracts of surely-
ship giving and granting unto said Akomey(s}io-Fact fu@ povrer and authority to do and to perfam every act necessary,requisite or proper ro be done in connection therewilh as each of
said co�poratlons could do,but reserving to each ot said corporaGons fuA power of subsMution and revocation,and all of the acts of said Aqomey{s)-in-Fact,pursuant to these presents,
are here6y rad6ed and confirmed.
This Power of Attomey is granted and is signed by tacsimle unde�and by authority of ihe ldtowing resolu6ons adopted hy the respecwe Board ot directas of DEVELOPERS SUREIY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,eifec6ve as of January tst,2008.
RESOLVED,fhat the chairm�of the Boazd,the President and any Vice President of Ihe corpora6on he,and thateach of ihem hereby is,authorized to execute Powers ol
Ariomey,qualifying ihe attomey(s)named in the Powers of Attomey to execute,on behalf o(the corpo�ations,bonds,undedakings and contracis af suretyship;and that the Secreta[y or
any Assistant Secrefary of the corporadons be,and each of lhem hereby fs,authorized to attest the executiort of any wch Power otAttorney;
RESOLVEO,f UR7HER,1hal fhe signatures of such oificers may be affnced to any such Poww of Attomey or to any cerUficate relating thereto by tacsimile,and any such
Power oi Attwney or certificate bearing such facsimile signatures shall be valid and binding upon the capaaHons when so affixed and in tAe fulure with respect to any bond,undertaking
or conUact of suretyship to which il is attached.
IN W17NESS WHEREOF,DEVELOPERS SURETY AND INDEMNIIY COMPANY and INDEMNIIY COMPANY OF CALiFORNIA have severally caused these presents to be slgned by
Iheir respective Uce President and ariested by their respectiveAssistant Secretary this January tst,2008.
� �,�,,.�����..�.,,,,
gy; r,.��S,� ANQ/y`�''.y �PAMYp
Stephen T.Paie,Senior Yce Presiden yJ�o`iFOR,�j��y''� VQ p.POq �
i �s �. O 4�.
P a i G OGT. � ��.�c i �?G p��
zw. �p - Z OCT.5 rt
By' �Q`= 4 S 3 6 :o'� w 1967 �
Charies L.Day,Assistant Secretary o��•' r=a,•• vZ p 4���\Q. 2
�=.�y�i0�OWP,,.*aar.r' � �9 ea ,-a
State of Califomia �.,,�����*�����„�`' �.
County af Orange
On January 1st,2008 hefae me, ChrislopherJ.Roach.Notary PubUc
Date Here Insert Name and TiBe o{ihe Officer
personally appeared Stephen T.Pate and Charles L.Day
Name(s)oi S(gner{s) �
who proved to me on ihe basis of satisfactory evidence to be ihe pe�son�sj whose name{s)islare subscribed to
the widtin instrument and acknowledged to me that helshelthey executed the sama in hislherltheir auUiorized
�, CHRISTOPFiER J:FiOi�CH� �Paciry{ies),and that by hislhediheir signature(s}an the instrument the person(s},w the entiry upon behalf of
which the person{s)acted,executed the�strument
p COR+IM.#174b938 �
� NO�AAY�l1BL1C C�W�+1�A a I certi(y under PENALTY OF PERJURY under the laws of the State oE Califomia ihat the faegoing paragraph is
d���� � true and correct.
AAy oomm.e�ires May 19;2Di T
WITNESS my hand and e�icial seal.
Place Notary Seal Above Signature �------�.��--�-"� '���'^"''
Ch' er J.Roach
CERTIFICATE
The undersigned,asAssistaot 5ecretary,of OEVElOPERS SURE7Y AND INDEMNITY COMPANY and IIVDEMNITY COMPANY OF CALIFORNIA,daes hereby certify
that the foregang Power of Attomey remains in[ull fwce and has not been revoked,and furthermore,Ehat tlie provislons of Ihe resvlu6ons of the respective Boards of Directors of said
corporo6ons set ferth in the Power of Attomey,are in force as oi the date of this Certificate.
This Certificate is execuled in the City of Irvine,Califomia,ihel Othday of Mareh, ,2008.
By:
A(bertHillebrand,Assistanl ecretary
i D-1380{4Vet)(Rev.07l07)
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON �C�6 C�� �v,7(J'c�`� ,BEFORE ME, LINDA ROCHA, No#ary Public
PERSONALLY APPEARED: Ann Willard
who praved to me on the basis of satisfactory evidence to be the person�vhose name is subscribed to
the within instrument& acknowledged to me that she executed the same in her authorized capacity,
and fhat by her signatures on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
naragraph is tr�e and correct.
WITNESS my hand and of�cial seal. LlNpA ROCHA
( J � Commlasion� t7779�2�
� Notnry Pubtla-CalifotnFo
,�, �,J /�� � Rtv�nids County �
Signatn e: L�'LL'�. . .l�c.�� �bC�r►��.epMr�bv2J,2olt
inda Roc�►a, ota�ry
ALL PURPOSE ACKNOWLEDGMENT
CAL.IFORMlA AL{L-PURPOSE AC9CNOWLEDG@AENT
State of Cafifornia
County of�11E�2S lJJ�
On�'1t?�CI� 1��2do8' before me, ,�/f�"�/��i�,l• �A:57:�•vc.1k��/ R- No>'�R� �ir.BL�c
�'T pe�e Here Insert Name an die of the Oflicer
personally appeared �QB �eT �di2�i 6�'�D M�X�si signer(�R�
who proved to me on the basis of satis#actory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/hedtheir authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENAL7Y OF PERJURY under the laws
� ��.��� of the State of California that#he foregoing paragraph is
Conrr�a��t6t4190 true and correct.
� ��Y PtIbiIC-Cc�Mto[No �
�►���N WITNESS my hand nd official seal.
MyCorrrn.ExpkezOcN 16,
Signature
Place Noiary Seal Above Sic�nature of Notary Public
oPrroNAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent remova!and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �'' �� N L���`'��
Qocument Date:,� RL�� ,/��L� Number of Pages:� /�ICLr/,0 i�tl4 iVb�iS�»s
Signer(s)OtherThan Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:� Signer's Name:�-* ��—
� Individual /hA�lL.y�v r�(.. '�5-Individual ����
� Corporate O##icer—Title{s): O Gorporate Officer—Title(s):
❑ Partner--❑ Limited ❑ General �Partner—�Limited �General
0 Attorney in Fact � �' [�Attorney in Fact . • '
Tcjp ot thumb here Top of ihumb here
�r Trustee �1 Trustee
❑ Guardian or Conservator �Guardian or Conservator
O Other: �O#her:
f
Signer Is Representing: Signer fs Representing:
�20Q7 National Nolary AsSoCiation•9350 De Soto Ave.,P.O.Box 2A02•Chatsvrorth,CA 97313-2402•vmw.NalbnalNotary.org Item H5907 Reorder.Call Toll-Free 1-BOD-876-6827
Company Profile Page 1 of 2
Company Pro#ile
INDEMNITY C�MPATTY OF CALIF�RNIA
P.O. BOX 19725
IRVINE, CA 92713
800-782-1546
Former Names for Con�apany
Old Name: TRANSNATIONAL CASUALTY INS CO Effective Date: 08-12-1976
Agent for Service of Process
tJna�.le to Locate the Agent for Service of Process?
Reference Information
NAIC#: 25550
N.A.�C Group #: 0075
California Company ID #: 1926-5
Date authorized in Califoz-nia: August 20, 1968
License Status: iJNLiMTTED-NORMAL
Company Type: Property& Casnalty
State of Doinicile: CALIFORNIA
Z,ines af Insurance Authorized#o 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 glossary.
SURETY
Company Complaint Information
Coinpanv EnForcen�ent Action Doctimeilts
Comp,any,Performance & Comp�rison Data
Composite Coniplaint Studies
e .. �r . . � • i + r n . r .� . ., . . . m . r�rr -in-�n �Hnlnnnef
- 1 -
CITY OF PALIUI DESERT
STANDARD FORM
� PAYMENT BOND
(LABOR & MATERIALS}
MARILYN �S. & ROBERT A. FORD LIVING TRUST
IdAME OF PROJECT: 73141 FRED WARING DRIVE-LOT 133 PALM VILLAGE, UNIT 12
NAME OF DEVELOPER: �"�1RILYlV J. & 120BERT A. FORD LIVING TRUST
NAME �F SURETY: INDEMNITX COMPANY OF CALIFORNIA
EFFECTtVE DATE: N�RCH io, aooa
AMOUNTOF BOND: s1o,2�s o0
BON� NUMBER: �274965
PREMIUM: TNCLUDED IN PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: Thaf 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 ta do business under Section 6 to 13 thereof in
the aggregate amaunts hereof, hereinafter referred to as SURETY; are jointly
and severely held and firmly bounc{ 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 executeci or perfiormed under the terrns of thafi certain 1MPROVEMENT
AGREEMENT hereinafter mentioned and all persons, companies or corporations
G:�PubWorks\Land DevelopmentlTemplatesVzbor&Materials Bond Standard Form.doc
-2 -
renting or hiring teams or implements, or machinery, for con#ributing to said work
to be done, all persons who performed work or labor upan the same, and al!
persons who supply bath work and materials, and whose claim has not been paid
by PRINCIPAL in #he just and fuli sum mentioned on Line 5 of Page 1 hereof for
the payment whereof, well and trufy to be made, said PRINCIPAL and SURETY
bind themsefves, their heirs, administratars, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITlON OF THE OBLIGATION is such that whereas the above-
bounden PRINCIPAL has entered into an 1MPROVEMENT AGREEMENT with
the City of Pa[m Desert, a municipal corporation of the State of Califarnia,
hereinafter referred to as CITY, for the construction of public improvemen#s in the
project named on Line 1 af Page 1 hereof, which said IMPROVEMENT
AGREEMENT is by this reference incorporated herein:
NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor,
person, company or corporation, or his or its subcontractor, or subcontractors,
fails to pay for any materials, provisians, provender, or the supplies, or teams
used in, upon, for, or about the performance of the work contracted to be done,
or for any work or labor done thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work for labor, SURETY on
this bond will pay fihe same, in an amount nof exceeding the sum specified in this
bond, and also, in case suit is brought on this bond, a reasonable attorney's fee
which shall be awarded by the court to the prevailing party in said suit, said
G:�PubWorks�T_.and l�evelopment\Templates�Labor&Materials Bond Standard Form.doc
- 3 -
attorney's fee to be taxed as costs in said sui# and to be included in the judgment
therein rendered.
This band is executed and filed to comply with the provisions of all
applicable CITY ordinances, resolutions, rules and regulations supplemenfal
thereto; and all amendments thereto; and shall inure to the benefit of any and all
materialmen, persons, companies or corporations entitfed to file claims under
and by vir�ue of the provisions thereof.
1N WITNESS WHEREOF, PRiNC1PAL AND SURETY have executed this
inst�ment the date mentioned on Line 4 of Page 1 hereof.
P INC{PAL
PR NCIPAL �
TNDEi�1NITY COMPAI3Y OE' CALIFORNIA
SURETY
SURETY A13N WILLARD� ATTORI3EY—IN—FACT
(Notarial acknowledgement af execution by ALL PRINClPALS and SURETY
must be attached.)
APPROVED AS T� FORM:
DAVID J. ERWIN, CfTY ATTORNEY
G:�PubWorks�Land Development\Templates�L,abor&Materials Bond Standard Form.doc
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
�I�,�Ck� 1c� `'
UN �Z..� ,BEFORE ME, LINDA ROCHA, Notary Public
PERSONALLY APPEARED: Ann Willard
who proved to me on the basis of satisfacto�y evidence to be the person whose name is subscribed to
the within instrument& acknowledged to me that she executed the s�me in her authorized capacity,
and that by her signatures on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragra�h is true and carrect.
WITNESS my hand and official seal. ��"�"�"�"'�'�°�NDA ROCHA
Comml:slon# t 7779�2
� No:acy Publ�o•col�romlo �
R�var:lde CouMyr
Signat e: �i�"� "� M►rCarm.6�weNav2s��Ott
� inda Rocha,Notary �
ALL PURPC?SE ACKNOWLEDGMENT
CALIFORNIA ALL-PU�iPOSE ACKNOWLEDGI1AE�i7"
State of California
County ofi�t�1 Ei23��?C% —
On /'�l9RCl�- 1�� 2G�� before me, �CATARI/.� �, l�►4-S3"A�i�-l�/Q►/ /� .S�or .Sz��1I,L
Date Here Insert Name andTill ol the Oificer
personally appeared�6tPF�T i�o�2 d A�.�,� �"I�.�I�v,v .�is�a l�
Name(s�s)
who proved to me on the basis of satisfactory eviclence to
be the person{s) whose name(s) is/are subscribed to the
within instrument and acknowledged #o me that
he/she/they executed the same in his/her/fheir authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upan behaff of
which the person(s) acted, executed the instrument.
�� 1 certify under PEIVALTY OF PERJURY under the laws
�v►�v��,g�st,�trc�uay of the State of California that the foregoing paragraph is
Co�a�#�1614140 � true and correct.
� Notory Pub&c-CWiianto
��0�` ' WITNESS my hand and official seal.
r�rcomm.�oorla,
Signature
Place Notary Seal Above Signature ot Nolary Puhtic
OPTIONAL
Though the informafion beJow is not required by law,it may prove valuable to persons ralying on the document
and could prevent lraudulent removal and reattachment of this form to another document.
Description of Attached Document
(� D i
Title orType of document:� r�f}LhXJ�SER'T,_�'TAa�,O�yR� �nkl'1, ���a�7`,�JAsvG� �BDiP2}9l����'�"
, .J—
Documen3 Date:�L��,(►�1�' /D . �oD �' Number of Pages: �� L'Lu � .J .tla7'"�121ES'
Signer(s)Other Than Named Above:
Capacity(ies) Claimed t�y Signer(s)
Signer's Name: Signer's Name:�t-����-�._
O�. Individual rn�2..1�.� 0�� u�lndividual �12-1 ��17
❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
E� Partner—❑ Limited ❑General 0 Partner—O Limited ❑General
❑ Attorney in Fact � ' 0 Attorney in Fact • �'
Top of thumb here Top of lhumb here
� Trustee i�l Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
� Other: ❑Other:
_
Signer Is Representing: � Signer Is Representing:
�2007 Natiooal�Notary`0.ssociation•9350 De Soto Ave.,PO.Box 2402•Chalsvortb,CA 91313-2402•wvnv.NationalNolary.org ltem if5907 Aeader.CallToll-Free 1-800�876•6827
' EMPROVEMENT AGREEMENT
DATE OF AGREEMENT: �Rcx �.o , 20 os
NAME OF DEVELOPER: Marilvn ,7. & Robert A. Ford Livincr Trust
(referred to as "DEVEL4PER"). �� ��
NAME OF DEVELOPMENT: Ford Building
(referred to as "DEVELOPMENT").
DEVELOPMENT RESOI.UTION
OF APPROVAL NO.: Resolution 0`��5�1
(referred to as "Resolution of Approva]")
fMPR�VEMENT PLANS NO.: P P o'7-O'�
{referred to as "Improvement Plans").
ESTIMATED TQTAL COST OF IMPROVEMENTS:$ 2o,ssa.00
SURETY: Indemni.ty Company af California
LETTER OF CREDIT/BOND N�S.: 72�496S
This Agreement is made and entered into by and between #he City of Palm Desert, a
municipal corporation of the State of CaEifornia, hereinafter referred to as "CITY", and the
DEVELOPER.
RECITALS
A. DEVELOPER has presented to CITY for approva! a Conditional Use
Permit/Precise Plan of Development pursuant to provisions of the CITY's
ordinances and regulations reiating to deveiopment approval.
B. A Conditional Use Permit/Precise Plan of Development has been
approved, subject to the requirements and conditions contained in the
RMPtJB1VCD\760
� Resolution of Approval. The Resolution o# Approval is on file in the Office of
the Director of Community Development anti 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
�romises #o install and complete, at DEVELOPER's own expense, all the
pub[ic 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. Comp[ete Improvemen# Plans for the construcfion, insta[lation, and
completion of the improvements have been prepared by DEVELOPER and
approved by the City Engineer. The lmprovement Plans numbered as
referenced previously in this Agreement are on file in the Office of the City
Engineer and are incorporated into this Agreement by this reference. All
referertces in this Agreement to the Improvement Plans shall include
reference to any specifications for the improvements as approved by the City
Eng�neer.
E. An estimate of fihe cost for construction of the public improvements
and performing land development work in connection with the improvements
according to the Improvement PEans has been made and has been approved
by the Cify Engineer. The estimated amount is sfated on Page 1 of this
RMPUB\VCDVbO
Agreement. The basis for #he estimate is on file in the Office of the City
Engineer and is incorporated into this agreement by reference.
F. CITY has adopted standards for the construction and installation of
improvements within the C1TY. The Improvement Plans have been prepared
in conformance with CITY s#andards in effect an the date of the Resolution of
Approval.
NOW, THEREFORE, in consideration af the approval of the DEVEL�PMENT,
DEVELOPER and CITY agree as follows:
1) DEVELOPER's Obiipation 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 af Approval in conformance with approved
fmprovement Plans within one year from date of execution of this Agreement.
(c) Furnish the necessary materials for completion of the public
improvements in conformity with the Improvement Plans.
(d) Acquire, or pay the cost of acquisition by CITY, and dedicate all
rights-of-way, easements and other interests in real proper�y for construction
and installation of the public improvements, free and cfear of all liens and
encumbrances. The DEVEL.OPER's obligations with regard to acquisition by
C1TY of off-si#e rights-of-way, easements and other interests in real property
shall be subject to a separate agreement betvveen DEVEL4PER and CiTY.
RMPUBIVCD1760
DEVELOPER shall also be responsible for obtaining any pubiic or private
sanitary sewer, domestic water, drainage, andlor utility easements or
authorization to accommodafe the DEVELOPMENT.
(e) Commence construction of the improvements by the time established
in Section (2�) of this Agreement and complete the improvements by the
deadiine stated in Sectian (1)(b) above, unfess 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 devefopment work contemplated by this
Agreement is to be constructed or installed on land not owned by CITY or
DEVELOPER, no constructian or instaEiation shall be commenced before:
(a) The offer of dedication to C{TY of appropriate rights-af-way,
easements or other interests in real property, and apprapriate authorization
from #he proper�y owner to allow construction or installation of the
improvements or work, ar
{b) The dedicakion to, and acceptance by, CITY of apprapriate rights-of-
way, easements or other interests in real proper�y, as determined by the City
Engineer, or
(c} The issuance by a eourt of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. DEVELOPER snall comply
in all respects with the order of possession.
RMPUB\VCD\760
Nothing in this Section (2) shaH be construed as authorizing or granting an
extension of time to DEVELOPER.
3) Security. DEVELOPER shall at all times guarantee DEVELOPER`s
performance by furnishing to CfTY, 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 perFarmance of this Agreement in regard to said
impravements in an amount of 140% of the estimated cost of the
improvements; and
{b} to secure payment to any contractor, subcontractor, persons renting
equipmenfi, or furnishing (abor and materials for the improvements required to
be constructed and installed pursuant to this Agreement in the additi�naf
amount of 50% af the estimated cost of the improvements; and
The securities required by this Agreement shall be kept on fife with the City
Clerk. The terms of the security documents referenced an 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 fi{ed with the City Clerk and, upon filing, 3)
shall be deemed ta have been made a part of and incorporated intfl this
Agreement. Upon provision of a replacement securify with the City Engineer
and filing of a replacement security with the City Clerk, the former security
may be released.
RMPUBIVCD\760
4} Afterafiions to Improvement Plans.
{a} Any changes, alterations or additions to the Improvement Plans not
exceeding ten percent (10%) of the original estimated cost of the
improvements, which are mutually agreed upon by CITY and DEVELOPER,
shall not refieve the improvement security given for faithful pertormance of
this Agreement. In the event such changes, alterations, or additions exceed
10% of the original estimated cost of the improvement, DEVELOPER shal[
provide improvement security for faithful performance as required by Section
(3) of this Agreemen# for one hundred percent (100%) ot the total es#imated
cost af the improvements as changed, altered, or amended, minus any
completed partial releases aflowed by Section {6) of this Agreement.
(b} The DEVELOPER shall construct the improvements in accordance
with CITY standards in effecf at the time of adoption of the Resolution of
Approval. CITY reserves the right ta modify the standards applicable to the
DEVELOPMENT and fhis Agreement, when necessary to protect the public
safety or welfare or comply with applicable state or federal law or CITY
zoning ordinances. If DEVELOPER reques�s and is granted an extension of
time for completion of fihe improv�ments, ClTY may apply the standards in
effect at the tirne of the extension.
5) Inspection. DEVELOPER shall af all times main#ain 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 campletion of the work,
DEVELOPER may request a final inspection by the City Engineer, or the City
RMPUB\VCD1760
Engineer's authorized representative. If the City Engineer, or the designated
representative, determines #hat the work has been completed in accordance with this
Agreement, then the City Engineer shall certify the completion of the public
improvements to the City Counci[. Na improvements shall be finally accepted unless
all aspects of the work have been inspected and completed in accordance with the
Improvement Plans. When appficable 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 shalf not proceed with additional work until the inspection has
been made and the work approved. DEVELOPER shall bear all costs of inspectian
and certificatio�. 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 foffowing:
{a) Security given for faithfuf performance of any act, obligation, work or
agreement shaii be released upon the final compfetion 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 appfication fhereof,by the DEVELOPER; provided, however, that no
such release shali be for an amount less than twenty-five percent (25%) af
the total improvement security given for fiaith#ul performance of the
improvement work and that the security sf�all not be reduced to ar� amount
less than fifty percent (50%} of the fiotal improvement security given for
faithful performance until final completion and acceptance of the improvement
RMPUB\VCD1760
wark. In no event shali the City Engineer authorize a release of the
improvemen# security which woufd redtace such security to an amount below
that required to guarantee the completion of the improvement work and any
other obligation imposed by this Agreement.
(c) Security given to secure payment to the contractar, his or her
subcontractors and to persons furnis�ing Iabor, materials or equipment shall,
at six (6) months after completian and acceptance o#the work, be reduced to
an amoun# equal to no less than 125% of the total clairned by a[I claimants for
whom Eiens have been filed and of which notice has been given to the CITY,
plus an amount reasonably determined by the City Engin�er 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
obligatians for which the security was given.
(d} CITY may retain fror�n any security released, an amount sufficient to
cover costs and reasonable expenses and fees, including reasonab{e
attorneys'fees.
7) Injury to Public lmprovements, Public Property or Public Utilities
Facilities. DEVELOPER shall replace or repair or have replaced or repaired, as the
case may be, all public improvements, public utilities facilities and surveying or
subdivision monuments which are destroyed ar damaged as a resuifi of any work
under this Agreement. DEVEL�PER shall bear_ #he entire cost of replacement or
repairs of any and all pub(ic or public utifity prope�ty 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 subdivisian thereof, or by CITY or any public or private utility corporation or
RMPUBlVCD1760
by any combination of such owners. Any repair or replacement shaff be to the
satisfaction, and subject to the approval, of the Cifiy Engineer.
8) Perrnits. 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.
(a) Default of DEVELOPER shall include, but not be limited to,
(1) DEVELOPER's failure to #imely commence construction af 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 substantiai construction work for
a period of twenty (20) calendar days afiter 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
DEVE�OPER fails to discharge within thirty (30) days;
(6} the commencement of a foreclosure action against the
DEVEL�PMENT or a portion thereof, or any conveyance in lieu or in
avoidance of forecEosure; or
(7} DEVELOPER`s failure to pertorm any other obligation under this
Agreement.
RMPUB�VCD1760
(b) CITY reserves to itself all remedies available to it at law or in aquity for
breach of DEVELOPER's obligations under this Agreement. CITY shall have
the right, subject to this Section, to draw upon ar utilize the appropriate
security to mitigate CITY's damages in event of default by DEVEL.�PER. The
right of CITY ta draw upon or utiEize the security is additional to and not in lieu
of any other remedy available ta CITY. It is specifically recognized that the
estimated costs and security amounts may not reflect the actual cost of
construction or instalfation of the improvements and, therefore, CITY's
darnages for DEVELOPER's default shall be measured by the cost of
comp[eting the required improvements. The sums provided by the
irnprovement securify may be used by CITY for the completion of the public
improvements in accardance with the improvement plans and specifications
contained herein.
{c) In the event of DEVELOPER's defauft under this Agreement,
DEVEL4PER authorizes CITY to �erform such obligation twenty (20) days
after maiiing written notice of default to DEVELOPER and to DEVEL�PER's
surety, and agrees to pay the entire cost of such perFarmance by CfTY.
CITY may take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisab(e, for the account
and a# the expense of DEVELOPER, and DEVEL�PER's surety shall be
liable to CITY for any excess cast 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, piants and other
proper�y belonging to DEVELOPER as may be on the site of the work and
necessary for performance of the work.
RMPUBlVCD17G0
(d) Failure of D�VELOPER 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
otherwise revert the DEVELOPMENT to acreage. The remedy provided by
this subsection (c) is in addition to and not in fieu of other remedies avaifable
to CITY. DEVEL�PER agrees that the cE�oice of remedy or remedies for
DEVEL�PER's breach shall be in the discretion of CITY.
(e) In the event that DEVELOPER fails to perform any obligation
hereunder, DEVELOPER agrees to pay afl costs and expenses incurred by
CITY in securing performance of such obligations, incfuding but not limited to
fees and charges of architects, engineers, attorneys, other professionals, and
court casts.
(f) The failure of CITY to take an enforcement ac�ion with respect to a
default, or to declare a breach, sha11 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 C[TY in connection with the performance ofi DEVELOPER'S obligations
under this Agreement.
(11} lniury to Work. Until such time as the impravements are accepted by
CITY, DEVELOPER shall be responsible for and bear the risk of loss to any of the
improvements constructed or ins#alled. Until such time as all improvements required
by this Agreement are fu[!y completed and accepted by CITY, DEVELUPER wil{ be
responsible for the care, maintenance of, and any damage to such improvements.
RMPUB\VCDVGO
CITY shail not, nor shali any ofificer ar 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
acceptance of the work or improvements. All such risks shall be the responsibiliiy of
and are hereby assumed by DEVELOPER.
(12} Environmental Warran#v. Prior to the acceptance of any dedications
or improvements by CITY, DEVELOPER shal( certify and warrant that neither the
property to be dedicated nor DEVELOPER is in violatian 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 federa(, state or local
governmental authority under ar in connectian wi#h environmental law. Neither
DEVELOPER nor any third parfiy will use, generate, manufacture, praduce, or
release, an, under, or about the property to be dedicated, any hazardous substance
except in compliance with af! applicable environmental laws. DEVELOPER has not
caused or permitted the release of, and has no knowledge of the release or
presence of, any 3�azardous substance on the property to be dedicated or the
migration of any hazardous substance from or to any o#her property adjacent to, or in
the vicinity of, the property to be dadicated. DEVEL�PER's prior and present use of
the property to be dedicated has not resulted in the release of any hazardous
subsfance on the property to be dedicated. DEVELOPER shaf{ give prompt written
notice to CITY at the address set forth herein of:
(a) Any proceeding or investigation by any federal, state or loca(
governmental authority with respect to the presence of any hazardous
substance on the property to be dedicated or the migration thereof from or#o
RMPUB\VCD\760
any ofiher property adjacent to, or in the vicinity of, the property to be
dedicated;
(b} Any claims made or threa#ened by any third party against CfTY or the
property to be dedicated relating to any loss or injury resulting from any
hazardous substance; and,
(c) DEVELOPER's discovery of any occurrence or condition on any
property adjoining in the vicinity af 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 owners�ip, occupancy, use for the purpose for which is it is
intended, transferability or suit under any environmental law.
(13) Other Aqreements. Nothing cantained in this Agreement shall
preclude CITY from expencEing monies pursuant to agreements concurrently or
previously executed between the parties, or frorn entering into agreements with other
developers for the apportionment af 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.
(94) DEVELOPER'S Obligation to Warn Public During Construction. Unti1
forma! final acceptance of the improvemenfs, D�VELOPER shalf 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) Vestin of Ownershi . Upan formal final acceptance of the work by
CITY and recordation of the Resolution of Acceptance of Public Improvements,
rit,Tpua�vC��7eo
ownership of the improvements constructed pursuant to this Agreement shail vest in
CITY.
{16) Final Acce�fance of Work. Accep#ance of the work on behalf of CITY
shall be made by the City Council upon recommendation of #he City Engineer after
final completion and inspection of all improvements. The City Council shall act upon
the Engineer's recommendation within sixty (6Q} days from the date the City
Engineer certifies that the work has been final[y completed, as provided in Section
(6). Such acceptance shaEl not constitute a waiver of defects by CITY.
(17) Indemnit /Hold Harmless. C1TY or any officer or employee thereof
shall not be ]iable for any injury to persons or property occasioned by reason of the
acts or omissions of DEVEL.OPER, its agents, or employees, contractors and
subcontractors in the performance of this Agreement. DEVELOPER further agrees
to prafect, defend, indemnify and hold harmless CITY, i#s officials, boards and
commissions, and members thereof, agents and employees from any and all claims,
demands, causes of action, Iia6i[ity 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 fihis Agreement, except for such claims,
demands, causes of action, liability, or lass 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, ar loss because
of, or arising out of, in whole or in part, the design or construction of the
improvements. This indem�ification 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 pttblic improvements as provided
herein, and in addition, to adjacent property owners as a consequence of the
RMPUB\VCD1760
diversion of waters from the design and construction of public drainage systems,
streets and other public improvemenfis. Acceptance by CfTY of the improvements
shall not constitute an assumpfiion by CITY of any responsibility for any damage or
�aking covered by this Section. CITY shall not be responsibfe for the design or
construction of the property to be dedicated ar 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 aver written objection by DEVELOPER
submitted to the City Engineer before approval of the particular improvement design,
which objection indicated that the particular irnprovement design was dapgerous or
defective and suggested an alternative safe and feasible design.
After acceptance of the improvements, fihe DEVELQPER shall remain
obligated to eliminate any def�cf in design or dangerous condition caused by the design or
construction defect; however, DEVELOPER shal! not be respansible for routine
maintenance. Provisions of this Sec#ion shall remain in fiull force and effect fior ten (10)
years foliowing the acceptance by CITY af 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 negfigence, nonfeasance, misfeasance or malfeasance in approving,
reviewing, checking, or inspecting any work or construction: The improvement security
shal( not be required to cover the provisions of this Section.
DEVEl.OPER shall reimburse CETY for ail costs and expenses (including but not
limited to fees and charges of architects, engineers, attorneys, and other professionals, and
court cas#s} incurred by CITY in enforcing the provisions of this Section.
RMPUB\VCD1760
(18) Personal Nature of DEVEL�PER'S Ob[iQations. Ali of
DEVELOPER's obligations under this agreement are and shall remain the personal
obligations of DEVELOPER notwithstanding a transfer of all or any part of the
property within the DEVELOPMENT subject to this Agreement, and DEVELOPER
shall not be entitled to assign its obligations under this Agreement to any transferee
of all or any part of the property within �he DEVELQPMENT or to any other third
party without the express wri#ten consent of CITY.
(19) Sale or Dist�osition of DEVELOPMENT. Seller or other DEVELOPER
may request a novation of this Agreement and a substi#ution 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 improvemenfi done by DEVELOPER.
(20) Time of the Essence. Time is of the essence in the performance of
this Agreemen#.
(21) Time far 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 ar 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 shalf not affect the
validity of this Agreement ar release the surefy or sureties on any security given for
this Agreement. The City Engineer shall be the sole and firtal judge as to whethe� or
ttn�pve�vcnv�o
not good cause has b�en shown to entitle DEVEL�PER #o an extension. Delay,
other than delay in the commencement of work, resulting from an act of C(TY, act of
Gad, or by storm or inclement weather, strikes, boycotts or similar political actions
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 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 determinec! by the City Engineer.
(22) No Vesting „of Ri.qhts, Performance by DEVEL4PER of this
Agreement shall not be construed to vest DEVELOPER's rights with respect to any
change in any zoning or buifding law or ordinance.
(23) Notices. 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 sha�! 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 Woeks Director
Notice to DEVELOPER: Ro6tRT 4 H���YrJ F'oR D
�•0 •BoX '.a�-1`�r1
P A►--� O��sE R�, c.4-q 2�z.�, �
Notice to SURETY: �c�emn+�`� ComPA�►oF CA�;iF�t�iA
1'1'�$0 'FiTc1h ,S��ae 1.00
w�trua�vcnv6o
zR�;a� , �n� 9 2c,�'-1
(24) Compliance With Laws. DEVELOPER, i#s agents, employees,
contractors and subcontractors shall comply with all federal, state and local laws in
the performance of the improvemen#s and land development woric required by this
Agreement.
, (25) Severabilitv. The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the agr�err�ent shall remain in full force and effect unless amended or
modified by the mutuai 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
interpretatian, construction or meaning of any provisions af this Agreement.
{27} Liti a#ion 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 ta this Agre�ment are hereby
incorporated into in the terms of this Agreement.
(29) Entire Agreement. This Agreement canstitutes the �ntire agreement
of the parties with respect to the subject matter. AIf modifications, amendments, or
waivers of the terms of this Agreement must be in writing and signed by the
appropriate representatives of the par�ies.
(30) interpretation.This Agreement shall be interpreted in accordance with
the laws of the State of California.
(31) Juriscliction. Jurisdiction of all disputes over fhe terms of this
Agreement shal! be in the County of Riverside, State af California.
RMPUBIVCD\760
' IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor.
- �--�Q CITY OF PALM DESERT •
D VELOPER
RABERT A .F�oSt-D
,
B : 6�� ,���
y
D VELOPER AYOR
MAR��YN S•Fa D
(Proper Notarization of
DEVELOPER's signature is
required and shall be attached)
y�,�ay�T� ATTEST:
Commisslon#1488104
No1ary P�uc•CaNfoMa
RNenkls CouMy
My Comm.Ezplres May 7.2
CI CLERK
APPROVED AS TO FORM:
CITY ATT NEY
RMPUB\VCD\760
STATE OF CALiFORNIA )
} ss
CQUNTY OF RIVERSIDE }
On �.( , 200�, before me, a Notary Public 3n and for said State,
personally appeared �„ ��� , personally known to rrte (ar proved to me on the
basis of satisfactary evidence) to be the person{s) whose name(s) is/are subscribed to the
within instrument and acknowiedged to me that he/she/they executed the same in his/heNtheir
authorized capacity(ies), and that by hislher/their signature(s) on #he ins#rument the person(s),
or the entity upon behalf of which the persan(s)acted, executed the instrument.
WITNESS my hand and official seal.
� �v s+�nir�roro
Commtssfon#�1488104
��V F'ubNc-Cal)tanfp �
. Rtverslde Couniy
MY Comm.Explres MaY 7,20Q8 r
O AR PUBLIC
RMPUBIVCDV60
f ` THE FORD BUILDING-73141 FRED WARING DR.
,
._
r �
, � t �
r o�
'' a ! a
W . . s...w
: � �a '
� � �
�
� ( �
Q s
Q �
Fw+ �
� . . � _ � _ 3 _
a �
iR ,.�..a.��....�..�_.. _ �.y.... ..��.».�... ...�,...,..�,.,.�..�......e. ._.,,.�.�.. , u..m ..o.,�., .. ...�<m� ��:,�, . ...... .._._.....� __. �.._._�._._ .
.....,_.. ....
��_.,_..,__.�._.� _� _�_..FJiEDJMARINS'a11R1lIF�„„._... ,�.__.r_ _..�....,
� � �.._.....� ... � .w. .__� u _�,..e . .. .
} _� .,�.._..e_ _. _ _ . _ _
� . w... � _.._,, ....�
E .
j }
� �.FQRD BUILDING � ' �
� i
:
r
,
� _�.P� __.. . . � �w,_.. _. _ _
,�.,. —
. _ >. _...
,...
, ;
;
�
4 f
; �
( � � , � `
y� •...._ a_ r � ' � � '�
., r _ _.__,.. �_�_.. �,_ _ , ._ A �.. _._ ,_ _._.� ^.�._ ...
�
:�..�... ._ _.,__._._.. .__..�SAAtTARO�AJNAY gAMJA� AJNA7
,
z �.. � _. _ _
� __
� _. . . _ - _ __ . r. _. i �.. , _._.._.. ....
� , a
' W �� . Z'
.. _; .m . �. ... �, � , � _. � .
, h ,. _ i . _ ,. �w e_. m ... _ ,_. .._ �y �_ ,
� ��� Q �
� f g
� _ ,. 'e �. _ ... w .�,.v._ ��� _�.. . w . �.,, W � .�
�. ._ _ m. �
: n�,_.�...�...��. .,����.�.._ ,._SAN.NI�HQIASAY�NlJ�....�.._.�..__.__ .__ e _w . � �._..
, ,.. . .
_ � �
, _.
x i z .,.
� , , , , C
;, � ; � � �'
3 ' .. . , ..... ..._,. . :. _.. .... � .. ._ � ..... .. ... ' .
: . _. . ._ ��._ � _...._
i �
__� �--_ �, e. . ._ ,�.� _�A7ALINA�IYAY__ . _,..�.__�.._ ..__._.o.� _.., � �A7ALI#'�A�I11AY
i �
. .. _
' ; _
m_ .�__.._... _.. _..__�e.... � .,___..__ ..._��__.....__. _._._
_ _ . . _... �.._ _.__.._�_ . _. . _r. ..
_ __ .. _.—___..:
_.,_.,,-_.___� Legend
� °m� Circulation Nehvork Streets 1:2,411 Q
r' City Boundary Palm Oesert Parcels
; Notes