Loading...
HomeMy WebLinkAboutRelease Security PP 08-50 - Bernard Investment Group CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ACCEPT IMPROVEMENTS, RELEASE SECURITY AND WAIVE THE MAINTENANCE BOND REQUIREMENT FOR PP 08-50 (CATALINA SENIOR APARTMENTS) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Bernard Investment Group, Inc. 3991 MacArthur Blvd., Ste.340 Newport Beach, CA 92660 DATE: May 13, 2010 CONTENTS: Trust Deposit Agreement Vicinity Map Recommendation By Minute Motion, accept improvements, release security and waive the maintenance bond requirement for PP 08-50 (Catalina Senior Apartments). Backqround Catalina Senior Apartments are located at 73-582 Catalina Way. At the time of permit issuance performance security in the total amount of $40,379 in cash was posted with the City for grading and off-site improvements. Grading and off-site improvements are now complete. Staff has inspected the site and found it to be acceptable. Therefore, staff recommends that City Council accept the work as complete, authorize the release of subject security and waive the maintenance bond requirement due to the minor nature of the improvements. Staff Report Accept Improvements, Release Security and Waive Maintenance Bond Requirement for PP 08- 50 (Catalina Senior Apartments) May 13, 2010 Page2of2 Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Department He d: , ,n . I���c.�t�i �� Christina Canales, Assistant Engineer Mark Green ood, P.E., Director of ublic Works CITY COUNCILACTION Paul S. Gibson, Director of Finance A�����OVC[�—� ���-,���,-�) � RFCEIVED (�":�H��;1� Approval: MEETING DATE _ `���1�3�-dCr/� _ -��_ -- AYF,S:.�1:��3��I�c15l�t''1�'� � �c .f� ��'l�[' -�c -- f NOES:�n�1P, � �..� � U✓�� ��' ABSF.NT: � __ _—' J M. Wohlmuth, City Manager A�STAIN: � ��' VERiF1ED BY: � Original on File with City Clerk's Uffice , �µ�� u �� � . . a� � � �I'�'Y dJ� PALI�I DESEiZT ,� . 'I'��ASURIER'S RECEIP'T FQR T'RUST D��t;�SI"I` DATE �D�q !O� AMOUN'I' Q Q DEPOSITOR'S NAME � REASON FOR DEPOSIT � � � � �� RECEIVED BY . � .� ACCOUNT NUMBER(circle one): 610-OOOQ-22$-XX-Ot} O1 Deposit in Lieu of Bond 11 Landscape&Lighting 24 Art Essay Contest 02 Monumentation 13 Rent Review Commission 25 T[.TMF 03 Monterey I70 14 Candidates Deposit 34 Employee Donations 04 Grading Bond 15 Mitigation Fringe Lizard 39 PM10 Deposit d5 Demolition Bond 16 Special Events 49 Athena Awazd 06 Faithful Performance Bond 17 �ne&Art Festival 5010 Comrnunity Walk 07 Misc.One-Time Deposit 21 Assessment Dist.Deposit 60 Planning Fee Deposit 08 Multi Species Mitigation 23 Median Const/Landscape IS THE DEPOSIT REFUNDABLE? YES V"� NO CONDITTONS TO BE MET BEFORE REFUNDING DEPOSTT? ► , a se � 1 i c t,�7 a rk..'S AMOUNT REFUNDABLE DATE TO BE REFUNDED MAIL REFUND TO: r � � FINANCE DEPARTMEIV'I'USE ONLY — — — — " DATE REFUNDED CHECK NO. AMOUNT NOTE:ATTACH TA.PE 5HOWING CALCiILATTON OF INTEREST EARNED,Ip A1Vy, a��er: ti#� ippe. �. 4}ra�er: 1 �ate: 6f�9��9 � keceiot nu: 14f�iT t� �'�t�T t�t��£8 1 E�td3/�.�t@ Tr��s nu�ber: C83fa9I +� M� ��r� s�er��.� 7r�ans d�t�; 61�91� Tise. 8.55:i:i! WH7=PAYOR GRN.TRUSTACCP CAN-ACCOUNTiNG PMK-NLIM.CONTROL G.ROD-ISSUfNG D$PT. � � �. ,� , � �J � � � -*�:,:� �r� � 73-5 I o FRED WARING DRIVE PALM DESERT,CALIFORNIA 922G0-25�$ �rBL: 76o 346-o6ii FAX: �GO 340-0574 i nfo@palm-desert.org July 8, 2009 Bernard Investment Group, Inc. 3991 MacArthur Boulevard, Suite 340 Newport Beach, California 92660 Dear Sir or Madam: Subject: Im rovement A reement for the Real Pro ert Located at 73-582 Catalina Wav (Catalina Senior Apartments) At its regula�meeting of August 28, 2008,the Palm Desert City Council adopted Resolution No. 08-88, approving Case Nos. DA, PP/CUP 08-50. Enclosed for your records is a fully executed copy of the Improvement Agreement. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, ����� ���� 2� RACHELL.E D. KLASSEN, CMC CITY CLERK RDK:mgm E closure (as noted) cc/enc: Christina Canales, Assistant Engineer _II�aJ�p{.a tfte[9E8 ia*(F ,� � . .,�: b -- � � � . ,. - ��,...�; .F. IMPROVEMENT AGREEMENT � � DATE OF AGREEMENT: � (� t�e- � , 20�, � -/ ` NAME OF DEVELOPER: ��rt��l('c„Q �N���,yle,r��` ���p.�,,��, (referred to as "DEVELOPER"). ' NAME OF DEVELOPMENT: C/4--Tr4 L�N,�} �e�r p,� -r� (referred to as "DEVELOPMENT"). ' DEVELOPMENT RESOLUTiON OF APPROVAL NO.: Resolution O$- $ g (referred to as "Resolution of App�oval") IMPROVEMENT PLANS NO.: C3 -' 123� (referred to as "Improvement Plans"). � Qo 00 ESTIMATED TOTAL COST OF IMPROVEMENTS:$�,Q � Gj -(- �3 tj(�� SURETY: ��)�$� LETTER OF CREDIT/BOND NOS.: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of Califo�nia, hereinafter referred to as "C1TY", and the DEVELOPER. RECITALS A. DEVELOPER has presented to CITY for approval a Conditional Use Permit/Precise Plan of Development pursuant to p�ovisions of the CITY's ordinances and regulations relating to development approval. B. A Conditional Use Permit/Precise Plan of Development has been approved, subject to the requirements and conditions contained in the RMPUB\VCD\760 . *� a� Resolution of Approval. The Resolution of Approval is on file in the Office of the Director of Community Development and is incorpo�ated into this Agreement by reference. C. In consideration of the approval of a Conditional Use PermiUPrecise Plan of Development for the DEVELOPMENT by the Planning Commision, DEVELOPER desires to enter into this Agreement, whereby DEVELOPER promises to instafl 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 app�oved 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 refe�ence. 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 fo� construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this RMPU81VCD176D ' � � � _. �.�,� Agreement. The basis for the estimate is on fiie in the Office of the City Engineer and is incorporated into this agreement by reference. �, CITY has adopted standards for the construction and installation of imp�ovements within the CITY. The Improvement Ptans 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 Obligation to Construct Imarovements. DEVELOPER shall: (a) Comply with all the requirements of the Resaiution of Approval, and any amendments thereto. (b) Complete at DEVELOPER's own expense, all the public improvement wo�k required by #he Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement. (c) Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans. (d) Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-of-way, easements and other interests in real property for construction and installatian of the public imp�ovements, free and clear of all liens and encumbrances. The DEVELOPER's obligations with regard to acquisi#ion 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. RMPUB\VCDV60 r.� ��.,� � :�� DEVELOPER shall also be responsible fo� obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the DEVELOPMENT. (e) Commence construction of the improvements by the time established in Section (21) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, unless a time extension is granted by the CITY as authorized in Section (21). 2) Acquisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or instal{ed 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 app�opriate authorization from the property owner to allow construction or installation of the improvements or work, or (b) The dedication to, and acceptance by, CITY of app�opriate rights-of- way, easements or other interests in real property, as dete�mined by the City Engineer, or (cj The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. DEVELOPER shall comply in all respects with the order af possession. RMPU8IVCD�760 -.� �.. "`� Nothing in this Section (2) shall 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 CITY, and maintaining, good and sufficient security as required on forms approved by CITY fo�the purposes and in the amounts as follows: (a) to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost 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 �eplaced by another approved security, the replacement shall: 1} comply with ali the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorpo�ated into this Agreement. Upon p�ovision of a replacement security with the City Engineer and filing of a �eplacement security with the City Clerlc, the former security may be released. RMPUB\VCp1760 �.. � "� ��a��,� 4) Aiterations to lmprovement 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 relieve the improvement security given for faithful performance of this Agreement. !n the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, DEVELOPER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. (b) The DEVELOPER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the DEVELOPMENT and this Agreement, when necessary to protect the public safety or welfare o� comply with applicable state o� federal law ar CITY zoning ordinances. If DEVELOPER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5) Inspection. DEVELOPER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, DEVELOPER may request a final inspection by the City Engineer, or the City RMPUBIVCD1760 � � ���'��a �µ�`� 3 � �.�` _ Engineer's authorized rep�esentative. If the City Engineer, or the designated representative, determines that the worlc has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and completed in accordance with the Imp�ovement Plans. When applicable law requires an inspection to be made by City at a particula� stage of the work of constn,icting and installing such imp�ovements, 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 shafl bear all costs of inspection and certification. No improvements shall be deemed comple#ed 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 compietion 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 DEVELOPER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given fo� faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty pe�cent (50%) of the total imp�ovement security given for faithful performance until final completion and acceptance of#he improvement RMPUB\VCDV60 � '°� °� . �:�:.�� work. In no event shall the City Engineer authorize a release of the imp�ovement secu�ity which would reduce such security to an amount below that required to guarantee the completion of the improvement wor-ic and any other obligation imposed by this Agreement. (c) Security given to secu�e payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance of the worlc, 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 atto�neys'fees. 7) Injury to Public Improvements, Public Property or Public Utilities Facilities. DEVELOPER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any worlc under this Agreement. DEVELOPER shall bear the entire cost of replacement or repairs of any and all public or public utility property darnaged or destroyed by reason of any worfc done unde� this Agreement, whether such property is owned by the United States or any agency thereof, or the State of Catifornia, or any agency o� poiitical subdivision thereof, or by CITY or any public or private utility corporation or RMPUB\VCD1760 � ����� �� by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8) Permits. DEVELOPER shall, at DEVELOPER's expense, obtain alf necessary permits and licenses for the construction and installation of the improvements, give aU 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) DEVELOPER's failure to timely complete construction of the improvements; (3) DEVELOPER's failure to timely cure any defect in the improvements; (4) DEVELOPER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement ot the wo�k; (5) DEVELOPER's insolvency, appointment of a receive�, or the filing of any petition in bankruptcy either voluntary or involuntary which DEVELOPER fails to discharge within thirty(30) days; (6) the commencement of a foreclosure action against the DEVELOPMENT or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or {7) DEVELOPER's failure to perform any other obligation under this Agreement. RMPUB\VCDV60 ., ��t a� � . . • (b) CfTY resenres to itself all remedies available to it at law or in equity for breach of DEVELOPER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by DEVELOPER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is speci�cally recognized that the estimated costs and security amounts may not reflect the actua! cost of construction or installation of the improvements and, therefore, ClTY'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 CITY to perform such obligation twenty (20) days after mailing written notice of default to DEVELOPER and to DEVE�OPER's surety, and agrees to pay the entire cost of such perfo�mance 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 shall 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 DEVEL.OPER as may be on the site of the work and necessary fo�performance of the work. RMPUB\VCDV60 . �k � � (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 a!I proposed improvements in the DEVELOPMENT, or to rescind the approval or otherwise revert the DEVELOPMENT to acreage. The remedy provided by #his 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 ClTY. {e) In the even# that DEVELOPER fails to perform any obligation hereunder, DEVELOPER agrees to pay al! costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. (f) The failure of CITY to take an enfo�cement action with respect to a default, or to declare a breach, shall not be construect 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 subcontrac#ors 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 ta any of the improvements constructed or installed. Until such time as al! 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. RMPUB\VCD1760 � � �_ � �.� � �� � 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 improvemen#s specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by DEVELOPER. (12) Environmental Warrantv. Prior to the acceptance of any dedications or improvements by CITY, DEVELOPER shall certify and warrant that neither the property to be dedicated nor DEVELOPER is in violation of any environmental law and neither the property to be dedicated nor the DEVELOPER is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmenta! 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 aN applicable environmental laws. DEVELOPER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the prope�ty 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 prope�ty 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 lacal governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to RMPUB\VCDV60 , _ ���� any other property adjacent to, or in the vicinity of, the property to be dedicated; (b) Any claims made ar threatened by any third party against CITY 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 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 Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuan# to agreements concurrently or previously executed between the parties, or from entering into agreements with other developers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shaH anything in this Agreement commit CITY to any such apportionment. (14) DEVELOPER'S Obliaation to Warn Public During Construction. Until formal final acceptance of the improvements, DEVELOPER shall give good and adequate warning to the public of each and every danger4us condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. (15) Vestina of Ownershi�. Upon formal final acceptance of the work by CITY and recordation of the Resolu#ion of Acceptance of Public Improvements, RMPUB\VCD\760 .� M.� � �:�.� ��,� ` . ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. (16) Final Acceptance of Work. Acceptance of the work on behalf of ClTY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60) days from the date the City Engineer certi�es 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 shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of DEVELOPER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. DEVELt3PER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and a!I claims, demands, causes of action, liability or loss of any sort, because af, or arising out of, acts or omissions of DEVELOPER, its agents, employees, contractors and subcontractors in the pertormance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmisss 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 addi#ion, to adjacent property owners as a consequence of the RMPUBIVCDV6� . • �� �� ��m�� _, • -� diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall 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, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless #he particular improvement design was specifically required by CITY over wntten 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 full 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 instaNed 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 worlc 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, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. RMPUB\VCD\760 �� �':�,�� . (18) Personal Nature of DEVELOPER'S Obliaations. All of DEVELOPER's obligations under this agreement are and shall remain the personal obligations of DEVELOPER notwithstanding a transfer of all or any part of the property within the DEVELOPMENT subject to this Agreement, and DEVELOPER shall not be entitled to assign its obligations under this Agreement to any transferee of a!I or any part of the property within the DEVELOPMENT a- to any other third party without the express written consent of CITY. (19) Sale or Disposition of DEVE�OPMENT. 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 unde� Section (17) for the work or improvement done by DEVELOPER. (20) Time of the Essence. Time is of the essence in the performance of this Agreement. (21) Time for Commencemen# 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 Agrsement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to DEVEL4PER's surety and shal! not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or RMPUBIVCD\760 �_�,� y= � ° � `}. not good cause has been shown ta entitle DEVELOPER to an extension. Delay, other than delay in the commencement of work, resulting fram an act of CITY, act of God, 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, shaN constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require DEVELOPER to fumish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. (22) No Vestinq of Riqhts. 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) Notices. All notices required or provided for under this Agreement shal! be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in ti�is Section. Notice shall be effective on #he date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as foNows 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: �,�d �n�����,� �-�� ��C . 3g4.1.�AS.�tr �r �vr1 . �1 . :�r��i�—.�.��^.�t����.�.: Notice to SURETY: ��� RMPUBIVCDV60 =��� � � ' . (24) Comqliance With Laws. DEVELOPER, its agents, employees, contractors and subcon#ractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. (25) Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid 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 interpretabon, construction or meaning of any provisions of this Agreement. (27) Liti4ation o� 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 attomeys'fees. (28) Inco�poration of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (29) Entire A reement. This Agreement constitutes the entire agreement of the pa�ties 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) Intemretation.This Agreement shall be interpreted in accordance with the laws of the State of California. (31) Jurisdiction. Ju�isdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. RMPUB\VCDV60 . , ��,� � IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. C1TY OF PALM DESERT DEVELOP R �v,�� � ��-=�4tir�'� ��s�oe.�rf" � ��a�eo 7',vves�-,�P,v f ��p, .�',�� gy, � DEVELOPER MA OR (Proper Notarization of DEVELOPER's signature is required and shaii be attached) ATTEST: G C APPROVED AS TO FORM: CI A NEY RMPUB\VCD\760 � . Q�iA�.B�`9l��19A AL.�.-��P�►SE �GIN�►�l10'�f'�..�pGiII�E�+1Y' State of California County of�1�5�� -- On�I.UNLD_C_(,.,,��_ before me, I n'1 t Y���Z,'IVU tLw�-c �. �(�_ � U H.re ms�c r�o a�a r a u�o�r�er personally appeared PnnP q Nerrrets) sqn e) who proved to me on the basis of sati gfactory evidence to be the person�f whose name(�s )s1aF�s�scribed to the withi nstrument and acknow�edged to me that he/ y executed the same in his/ta�'Clt�ir a orized capacity(ies), and that b his/t��signature�on the p�p�V,ARE"Z � instrument the pe son�j, or the entity upon behalf of � C�OMM•+�t rt� which the persar}�'acted, executed the instrument. � NOTA.qY PU61J�'eCA� ' � �� RlVE��tlOt3NtY �a � '''y'Oo"'�'•��'"�'��'�1° I certify under PENALTY OF PERJURY under the laws ;_,. .;. :�-.��.,..�_�, �. . of the State of California that the foregoing paragraph is true and correct. WITNESS m and and offi 'al seal. Slgnature Placa Nolary Sea1 Atwve SlgnaWre ol Ndary Pu OPTIONAL Though the informatlon below fs rrot requlred kry law,it may pmve valuabie to persons relying on the document and coulrl prevent traudulent remova!and reattachment of this form to anotl►er document Desc�iption of Attached Document Title or Type of Documen���Q� � Document Date: Number of Pages: Signer(s)Other Than m�d Above: Capac�ty{ies}Ctaimed by Signer(s) �' S3gne�'s Name: Stgner's Name: ❑ Individual Olndividual D Corporate Officer—Title(s): O Corporate Officer—Title(s • O Partner—�Limited C7 eral D Partner—O Limfted eneral O Attomey in Fact • �'. O Attorney in Fact � Trustee rop m�nwnb ne�e ❑Trustee T0p°��"'�'�'� � Guardian or C vator O Guardian Conservator 0 Other: ❑Other: Signer Is Rep senting: Si er is Represeniing: m2pp�Natlarel t�fotey qssodatlon•9350 Oe Soto Ave.,P.O.Bar 2402•Chelsworth,CA 91313-2402•www.NatlonaYVotery.org ilem�5907 ReoWer Ca�Ibl�Froo 1�80P87&8827 73582 CATALINA WAY-PP�8-50 CATALINA SENIOR APTS. ' � � _ �.. . e .___ �.�.._�,_.�_ __�._.�. . ...�.�_.._.._.F1IED��AR1Nt E ��.�_. ...._..._ ��,��_�. .�... .__...__�__..__ __.. �._.,.�.� _ _ .� . __ ti__ . _, . ., �. ___.� . . _m . � � x : w _ , ...M._� . � _�.� ._._. � , _ � f _ _ . - � � �� , . �. k . .._. �.._..___..� .SANJAJ�D.SAJAfAY � ; _._ �� ' ; �_.. _ ; , ._m ��,_ _ �,_..�_—___�_. _m .St��" ��S 31➢'AY ��_ � F � ,_. . _ ��_ _�.� .YYAY � _ � _ _ _ _ —__ _ —. . � � ' ; , � � � ' � ' � �.. � .,_ ,,M., ._.. ._ �. , a _w ,r__ _ � � .._.. ; � � ,. � + : y ; _ � _ � ' ' r ; _ � � _.Z.w.,, . ` - $ ,�.�_. _. � .., : .� � . y � � � _..�AN.NI�Ji�l/ISAY.ENlJF ��_._.�.�.�,� , � 1 � �. _ ; __. � . �......w _ , � _ _ , ; _. ��� _.___. _. _ � F ; ' � , 73582 CATALINA WAY n �_._.� - -� _-� . � __. _,-_� _ _; . W_� ...._m � ; E '� �� CATALINA SENIOR ARARTM�NTS � � , � i E � i i ' � . , : ; � � . ' � �_� C� °_. b.w,�. w.. ; _��_.__ _...�._ ..�ATALINA�IYAI��'�.._ _- - . � _�� °_.._ _ _ ,__..�. _ , � 4 � � � '� � ° ' _�...,_�_.�...m.��ALIN/lJNA7 __ �_._....._._4__�.._.._._`�ATALINA�QIAY _ , � A.�.. , , , . < .. ....,..«q., q . . � � 1 P ',. , . �.� .. . . , X � 1 � ' 1 j �... � , � r. �� _ _._ � ; � __ � ` @ __ � � j a . .=. C �._�. . . j �.......,._._.�iSJ/.IDALlJP�AXENl1F � � .__` ; { ; i _� o .. .�,. _. . � � . .__.. -� � � _ � _ _ _�.___�._� z w _ _ :. . . ; � . ._ � � � ; _ , .__ �� . v�,��. � ._ _ ,� _ . � ��. .= f W. _� m a r � � � ; . .. � ,� ; .. � �_ �_ a , � m � :.._ �� " � f�. _.�. �M.�__. . - � � .._� � � �,✓ ��;. ����RQyA�p.AL.M�1R�yF _._.._nm.---�'`. � ' ;� ���� .-°� _ � ,� � � � , _ . . � i . �q' � , � � , ; �_._. r � . _.,...._. ' ' a z : � ' *y`� �c,�, �� �_ � : ...� i .. �� �'� �. � i � �# ; � ,� �� o ; �� � �►g, : . �-_ � � � °' ,y� � , , �� �� _.� . o �w� u � � �� � � _ � ���� � � � � � �' _ _ � � -- � . u� n _�_ ; _ - i � q �A•1,� , , �,,q-- ,� : w� _ , � „� �,t r �A , � � ' p � ' ' ... • .�-'" ; � � , �'-�o�ccir�io-w�r�- � � _ � � � , , . „ ; _ . x ` ` � � _ � ; ; _ � ; , � ; �� .� � , ' � , � . , ; f . _. _.. _ __ �. .. __ _ mn ...�: �...��.n.�- _ W ,..__.. �__ _ �_ _._ _�. ._ ___ __� _..__._ .._. � _ _ _ ._ - —. - _ ._.. --.....__�— _____._ Legend '° i:3,342 O i �n-� Circulatan Nehvork - Streets ( r�; Gity Boundary _ Palm Desert Parcels � Notes :?� ' i ' !