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Home My WebLink AboutRelease - Parcel 1 of PM 30342 (Continental Design Build & Affiliates) � CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE SECURITY FOR PARCEL 1 OF PARCEL MAP 30342 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Continental Design Build and Affiliates 3150 East La Palma Avenue, #A Anaheim, CA 92806 Lincoln General Insurance Company 3350 Whiteford Road York, PA 17402 BOND NUMBER: 66112926 DATE: November 18, 2010 CONTENTS: Bond Agreement Vicinity Map Recommendation By Minute Motion, release security for parcel 1 of Parcel Map 30342. Backqround Parcel 1 of Parcel Map 30342 is located north of Gerald Ford Drive and east of Cook Street. At the time of permit issuance, parcel 1 was the only parcel of Parcel Map 30342 being developed. Performance security in the total amount of $273,665 was posted with the City for precise grading and street improvements. The remaining parcels will be developed at a later date. Precise grading and street improvements have been completed for more than a year. Staff has inspected the site and found it to be acceptable. The normal one-year maintenance deposit is not necessary because improvements have been complete for more than one year. Staff Report Release Security for Parcel 1 of Parcel Map 30342 November 18, 2010 Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Departm nt e d: , �� `�� C�.�� Christina Canales, Assistant Engineer Mark Green ood, P.E., Director of ublic Works Paul S. Gibson, Director of Finance Ap�aual � ; 6 ' , �,.. J M. Wohlmuth, City Manager � �.f CITY COUNCILA��C�'ION APPROVED ,.....,�.., .,,_._DF.NiED RECEIVED OTH ER MEETING DATE "��a D%(% AYES: l , � � �, � � �. NOES:_1�1 f��l�' ' ABSENT: ��' � ABSTAIN: ' VF.RIFIED BYs � Original an File with City Clerk�s Oftice . , r ;? G1'f'Y 4F P�.M DES�FtT sr,�rlr��oRM SU�pIVlS10iV �AkTHFU�P�RF�R1viAIV�E BOh1D PM 30342-UNIVE#�SITY COMMERCE CENTER uAm� o�SUBoIViSIC�N: . � CONTINENTAL FABRtCATION,fNC. NAME OF SUBDlVIDER� L1IVGQLN GENERAL INSIlRANCE COMPANY NAM�C3F Sut��TY: . JI3LY 27,20Q4 ��FECTIV�e DA7E; ONE NUNDRED EIGHTY TWO THOUSAND FOUR HUNDREQ FORTY THREE DOLLAftS AND N0/100 A14101![�7 O�BC1ldD: BoND NUME3�R: 681'12926 �s,�s9.00 PFt�MIUM: KNUW ALL M�N 8Y �['4-t�SE PRES�NTS: l'hax the person� fi�m, corpara�ion, entity, or otherwlse, named on Lirte 2 abQ��. +�►thout regard � gender and number, hsr�inaf�er referred to as PRl1�ClPA�. and tFte corporatlon na��i �n Llne 3 above� a cx�rpor�tion autharized to do business ln the Sta��e Uf Catifomia and �Sresentfy poss�s5ed of authority undQr Titl� 6 of the United States Cade to do business under Sactions 6 to 'I3 thereof, in the s9gfegate arnounis hereof, her�ina��r referred to as SI�REf"Y, arn �oinfiY and �everaUy held and firrnly bourid unfo the C's#y af l�aim Des�rt.a muntci�al corps�ratian of the State af Califorr��a. herainaffier referred #e as CfTY, in tl,e sum rr►ent�on�a on �ine 5 above. fo� the faithful pal�arm�nae of that aertain SUBDIVI�ION 1MPR��N1��T AG��M�� betwe�n �RI�S�IF�AL and C1TY regarding the � subdivision narned on l.ine 9 above, as required by the pCavisiAns af. �a r,:WunWarlcsll'V�TsmC 61es5FaithfW PerFarmanc�8ond Formdoe ' . 5 >�. • -- ��... , , � _ 2 - Subdivision Map AGt and CITY o�'dinances,re9alui�ons,rules,and ►-eguE�tions, for . the payment of vrhlch sums well and truly to t�e rnade, PR1NCtFAL and SURETY hz�e�y bind thcroselves, th�ir h�irs, 2drninistratars, ea�Cutors, successors and assigns,laf�#�Y a�� sgVerallY,frmty by thEse presents. The cdnditian nf the f�regaing obligatio� �s such Ehat if ihe said PRfNCIi'A�. shalt iaithiully pe�form tl�e covenants, canditinns. and agreements contained in that cettain SUBDIVIS»N IPi1PROVElV1�NT AGR��MENT between PR��p,n,L and �('iY regarding the sul�division narned on Line 1 of Page 1 � h�reof,which sai�agree�'nent is by ttsls reference inaorp;orat�d herein, on its part to be kept and perfarmnd, lrs a manner and form therein specEfi�d, and shall furni5h material tn carnpfisnca with the spec�F�cations and per�4rm all that cerkain work and fmprovement in said C1Tl �rhich is more partiaular{y described ln said SL�BDIVISIOh1 IMPRdV��vI�NT AGR�CMENT, then the ok�klgation with respect to the faithf�l petf�rrnance ls by this reference tncorpo�ted hsreln, Yhe said SUR�TY� �br value received, h��bY stipulates and agr�es that no change, exEension of time, atteratlan or addl#icsn tv #he terms of the SU9DtV15[Ulr! lMPROVEM�NT AGRE��+IEI�T ar to the work to be pe�Farr'ned ther�unrler or th� specificati�ns accomp�nY��9 the sam� shaN in anywise affect !ts 9bligatlans c�n thls bond, 3t1d it daes heTeby waive natice of any such change, axter�ssan of �irne, alteratian ar addi#lon to the terms of the SUBDIViSlON iMPROVEMENT 1aGREEAr1ENT� the wdrk, the specifications or any feature or item of perFormance thereunder- fn t[,e event it trec�►neg ��cessary iQr GITY to G:tiPubWP�"N'fomP�taslPatunut Perkrmarscc Bu+d Foan�doc 6 I . . �. . - 3 � . brirtg an �cE�an #a enforce t�is bnnd, SURETY sha�l pay GITY"5 �'e�son3bfe a#orney's fees and court cc�sts in connectlon th�rewfth. 1N WITtV�SS WH�REOF, PRINCIPAL AN� SUR��C'� have exeauted this instrument on the dake mentioned on�_�ne a of�age 1 hereaf. CONTINENTAL FASRICATION,INC. PR[NC AL PR I I'laL � LINCOLN GENERAL INSURANC�COMPA Y SUF2ETY � /(�.� SURETY YllNG T.MUL1:fCK '� AT'TORNEY-`1N-FACF �._�-�' / (Nat�rial acknowletl��mettfi of ek9Cution by AL.L PRI�IC(f'AI.S anci SURETY must De attaahed.) G.IPU6V/ork51PW TOmp�IaslFnifhful Parformence Bond Form�doc 7 �' CALIFOR�TIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALT�'ORNIA ) COUNTY OF ORANGE ) On � �� ,,-, i ' before ine, JENNIFER C. GIBONEY � NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally kr�own to me (or proved to zne on the basis of satisfactoiy evidence)to be the person(s) whose name(s) is/are subscribed to tlie within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature{s) an tYae instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a�'�'�^__-„w..�.:.�.::��,:�,,; � . !�1`�NIF��C.G1BON��'� WITNESS my hand and official seal. ;n �� C�3MM.#I470�55 ::. .� ; � ' v�t3ry Pub:ic Cai;fornia rf�., OR4NGE COUfV7Y �,• ;�Y�o�m.Expires Februa.ry 17,2008� '�['x.,'r:x7t:t-•,�K�'w.w�y.ra.^r.�,�i1 � � � lJ • � ��--' (SEAL) i� TARY PUBLIC SIGNATURE OPTIONAL INFORMATI�N T]TLE OR TYPE OF DOCUMENT DATE OF DOCUMENT ' �,� �y� CALIFORNlA ALL•PURP05E ACKNOWLEDGMENT , �- ,�� - - - - - - - - - � � State of �C�.' �.1 ��rY1�� o � !�I County of � �� ( � �� n �� JUI� o��lbefore me, _ ��G�` }'�n��. Ylt'? arni�ri� , � Date � i�ama and TiUe oi Oflicer�e.g.,"Saoe oe,Notary Public") � �� 1.3� 1� �1`T��• � personally appeared , ?�, '' Name(s�of Siqner(s) �„ � .� � �personally known to me ?� � C�-proved to me on the basis of satisfactary evidence � � ;� '�? to be the persan(�)whose name(� is/a�e subscribed to the ?� I�; ��s�� within instrument and acknowfedged to me that he/sh�cttfisy � � executed the same in F�is/F�r�eir authorized capacity(iesj, `� ,, Certrniasion�#301343 Z �„ �I�i � ��y p„��_��;rnrni� y and that by his/he�eir signature(sj�on the instrument the ;;S c; orenee Ca��r person(s),or the entity upon behalf of which the person(s}- `� � �h�.�N��"�.� acted, executed fhe instrument. � I � � WITNESS my hand and official seal. � � �� ` � � Signalure tary Public �„ s� �� PTIONAL � Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent I � fraudulent remova!and�eattachment of this form to another documenL ,� �I � Description ofi Attached Document t, Title or Type of Document: �vud�V�5��'1 �—��.Y'T�f�Q��/Y'-��rmanc�� ( • { � Document Date: yL,1��y Number of Pages: 1 ; �� Signer(s) Other Than Named Above: `\ � ;; Capacity(ies) Claimed by Signer(s) ,� I � ,' Signer's Name: Signer's Name: .� � ❑ fndividual ❑ Individual � � ❑ Corporate Ofificer ❑ Corporate Officer � � Ttle{s): Title(s): � O Partner--0 Limited �General ❑ Parfner----0 Limi#ed ❑General ,� O Attorney-in-Fact ❑ Attorney-in-Fact � � ❑ Trustee _ ❑ Trustee .` 0 Guardian or Conservator � . ❑ Guardian or Conservator . - � �' ❑ Other: 7op of thumb here ❑ O�her: Top of thumb here t � � � � �� Sigrter Is Representing: Signer Is Representing: � � (� � i� L m 1996 Nalionat Nalary Association•823&Remmet Ave.,P.O.Box 7184•Canoga ParEc,CA 91369•7184 Prod.No.5907 Reorder.Call ToI6Pree 1-800•876-6827 �, CiTY OF 1'A1-ntt I7ES�RT STANDARDFaRM SlfBqtVI�1C3N PAYMEN�f�aND (LABOR R.MAT�RIAL�) �p��()�$U�D��f(S[ON: PM 30342-PARCEL 1 -UNiVERSIIY COMMERCE CENTER AtAME�f�UBUIVI[��R'��Nl'INENTAL FABRlCATION,INC. • LINCOLN GENERA�INSURANCE COMPANY r]��OF SIiRETY' JULY 27,Z004 EF��CTtV� DATE: NINE7Y ONE THOUSAND TWO HU�IDRED'FWENTY TWO�OLLARS AND N0110Q 1�Ma�fNT 4F�Q��: 3ai,zsz.ao fi61'[2926 �CJNb Mki�V1BER- lNCLUDED IN PERF�RMANCE BQND F+R�MtIlM: KN�W e4LL MEM BY 'FH�SE PRESENTS: Thai the person, frm, oprpvratier►,entlty or o€herwise, n�med ori Line 2 of Page i hereof withaut regard ta gender and nurnbEr, herefnafter referred to as PRII�CI�AL; and the corporation n�med c�n L.ine 3 af Page �l hereof, � corpor'dfion au#h4rized YO do business in the State of Galifotrtia ��id presently A��s�$d of authoriry under Tltfe 6 of the United States Cod��o do busin�ss under 5ectiort 6 to 13 thereaf in the aggregete amounts nereof, hereinafter referrcd to as sURETY: are jaintly and severely he1cS and firrr�ly bound unto and al► mater�aEmer�, persans, campanies ar cnrporations fUmtshing materials, pravis►ans, pravander or att�er suppl(es used, (n, u��n, for ar about ihe perfqrmance of the wark cantracteci to be exacuted or perfarr�ed undsr the terF�s-•of•-th�t•.certain-�llH��V1SIa1�( c;rabwo�s;s�rw-r�,r�s�s�s�ecosm�vow,�a�-Pr��d.�o�,s�a:.aa 2 { . 2 i�pROVEMEi�l7 AGREENi�N7 hereinafter rr�en#ianed and all persons. �cornpanies or corpnrations rent;ng ar hiring teams or implements, or machlnery. for contributing to said work to be dane,all persons�n+ho perForrned work or la�� upon the s��e� �d atl persons whn supplY both`rvork and maieriafs, and whose claim has �ot been pald tay PRINCIPAL in the just anci fuU sum mentinned on Line 6 of Page 'I hereof f�r the paymenC whereof,well and Er�[y ta be made, said pRtNC1PAL and SURE7Y bind thems�lves, their he�� administratars, 6uccsseor:�and assigns,jain#ly and s�vet'aily.fiirmlY�Y'�hes$presents• TH� GG11�I131�'Yt"1Tt�F Yhi�t]�L1GATtC1N (s such that whereas the ahovc- �p,�nd�n PRiNGIPAE� has entered inlo � SUBD1V1Sl�JN 1MPROVEMENT ACREEM�IVY with the Ciry af 1�alm Desert, a m��icipat corpotaf(on of th� State of Califomia, h�reinafter raferred to as C1T'f. fqr me cotlstructlon af puh��c impravements ;n tf'+e suf4dlvis�vn nat+led on Li�� 1 Of f�age 4 hersof, tinrhlch said $UBDfVISfON IMPROV�N1�1�7 AGE�EEh��R1T is by this caf�rence incorporated heretn: � NOW, rH�R��t)RE, if the above-bouncien PRINCIPAL, aon�ractor, person, cflmpany or eorPoration. �r his ❑r its subcontractor ar su�contractors, fa�ts ta pay for any maierials, pi'c�visians, Arc�vender, or the supplies, or teams used in, upon,�r, nr about the pe�fo►'m�nce af the work cantracted to be dona� flr fot any work or 1�bar dane tl�ereor�p��Y�nd, or for amaur►ts due under the Urizmptoyment lnsarante Act with resp�ct to s��h wark foC ial�or, SUR�TY on thls b�nd will{aay tt�e sam�<<n an a�'r�ount nat exceedin�the sum specified in thls _ pQ�d, and also, in case su;t is brought on this band, a reasonabie attorney's faa G:�PuoWo�'kttPW T�P F�ct4oindactli9nr*iubdlv4an�yr.nbo+w'•lebarFimtfis.sae 3 �.�.. � whlch shall be awarddd by the court to th� p�v��n9 p��' 'sn said sUit, said attarney's fee�o be taxed as cosfs I11 5�id Suit and to be included in the ju��,��2 therein rBndered. This b❑nd is executed anct 111ed to compfy wit� the provlsions of #he Subdivis'son Map Act; and a[I GlTY ardinances. resofutions, rules and regulations sup�l�mental fhereto; and al� amendments th4teta; and shall inure to th� benef�# af �ny and aU materiatman, �ersans, Companies or corpor�tions enfttlEci to fil� claims under and by vlrtue of#he prt�visions thereof. )t�yy�T�I�SS WHERE4F, PRlt�CtPA�.AND SUT2ETY have executed this instrumentithe date mentibned an Llne�}afi Page 9 herenf. CONTINENTAL FABR[CT[ON, fNC. PR[NGIPAL . PRl CEPAL �` LINCOLN GEN�RAL INSURANCE CO�VJPANY SUR�'TY � � `fi�/ \suR�rY �rur��r.Mu��fcK \ AT70RNE�N�FACT (Notariel ac[u►awtedgement af execulfan by ALL PF�fNCIPALS and sURETY must be aitached.} c:�Pub4'ork'��/'�'�p Alcsl5laada:dtorm-suuCM,sonpyr+nnband-luhnrsa�rrs.doc . 4 • , L� CAL�FQR�IA ALL-PURPOSE ACKN�WLEDGEMENT STATE O�' CALIFORNIA ) COUNTY 0� ORANGE ) On � �-� before me, JENNIFER C. GIBONEY NAME OF NOTARY PUBLIC personaIly appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis ot'satisfactory evidence) to be the person(s}whose name(s) is/are subscribed#o the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and tl�at 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 instniment. �f:�a:.�h��a,r�:� �_.,�,,w7..w.�rwf...:,.fr.�:�: � , ��N�IIFER C.ai3UNEY j WITNESS my hand and official seal. �w � '' � LOMM.�1�7G955 � � :�� =` �]otary Pu'alic Caliiornia G; .�` �c i� ORANGE COUNTY ](� My Ccmm.Expires Fehruar�r 17,20CS��' fr�T�S^.�'_7C�'T�'7C�JS.�l.�C'�"'.. �i� 'UIV �? G (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMEN"C DATE OF DOCUMENT ' . 2,r . - P � L1N�OL� ��1��AL INSU�ANGE CO�PA�Y ' . � �'Ol�'FI� 0��A'�TOR��Y K1�G'i�1 �i L��!�?��`�'i}3�SE PR?S�?�TS:Tnai i,in�oir�Gener�l i�sur��ce Gomp2�j�,org��ca ard c;:st�:,�,by�,-ir:uc oi u;�� ?-z��s oi J�,e Cor�.*:�o��eal�i o1�P�nnsylvzni�,�oe;ht;eb)' 7t071]7ZiE,CJJiL11:ll1C ZT�O'c,,)*AGllil: YU�1Q 1 . 1W1UIl1C�;, James U;�. iVfoilanen; Jer�i�iier C. Gil�ai��,� 'u Luc �,�d laur;ul z�r�ane;'�S�-Ji3:2C1 10 51'�yTFI, S�ZI 211�i CX�Ci1tt i07 a��fln i�s behzl?�;2S Si17e1')�, v�7l+�S; LnaL-.�L!:]?7L'S; �d Dii��l" ob1ig21ar;�insv-urner,Ls of S�mi�a,r R�lU7�;n zn�,�,flu:il nat to e;.cccci TLrc�A9iJion bo3fars(�3,40(f,0(i0}GTiC 10 b!nG)? t�creby�: �;lly znd io t':-ic��,-nE e�,e�;2�ii such instruments�;�ere si�ed'oy z du]y aui}�or�ed omcer of,hc comort;on,�,c�zii i'r•c•a�<<flf s�id F,7omey,pursua;��to(he autl�ority hereby gi�den 2re hereb��r2�i�ied 2;;�co.firmed. P.ESO�VED fh21 y,h;s Po��er of�.ttorney is b�'i1�0 apd j5 S1gi7L-d,sealed and not�,-ized�;�th facsi„v1e si�:zturrs znd se�ls under ��thori=y oi T�e iollc�u�ng;esolutions a�iopted'ay;he Bozrd o�Di=�tors af Lincoln Genera?Insurance Company on th�4"'dzy of September,2002. RE50LVED ihzt tbe Presiden4,a+� �gecutive o7 Senior�S�ice presidenl o;a�y Vice President of ihe Cor,pa�y,toge;her>>�;ts� i.h� Secre•�ry o; �y �ssist?n1 Secretary arE hereby authari?ed to execuSe Powers of A�torney appoir,:i,g�he person{s) r_anec �s Aro;ne��(s j-in-Fact 10 dzte,execute,sign,seal assti deliver on bchali'of the Comoany,i�deiiy aa-,d scret��bonds,unr�e,•a�in�s,znc oil�er si;ni3a;�or.rrzcEs oi surerysnip,and a�y re3a�ed documcnts, RE50LVED PL'R�igR #hat Fhe si�m«.sres of th�pfti�ers rnzjdng the appeinfinent,snd the signatvrc oi any ol�cer ceri-ifying the v�lidity a7d curent status of the zppoinhnent;mzy be facsimile re�res�ntatio�s of tnose sima�u,-es;ar;d'�e signature and sea� of 2ny notary,znd the seal of the Co;np2n��,may be facsimi]c represeniaoons of those si�atures�,�d se�,ls,�.nd such facsirruie rcpresentztions of those signaiuxcs znd sezl�,a,-�d such facsimiie reprrsa�tations shall havc ihe same fores�7d c�ect zs if mz,�uz31y a�ixad. Tne;2�s±mile represent4�ions referred io herein rnay oe z-i�ze3 by si.smping,print;;,g,r��u,g�nr photocop)�n2. I}�V,']T?�FESS V,��HEREOF;i.incoln General Tnsurance Comp2ny has caused i�corporz` ce�niaed, inese n;esen's�a be sigr,ed by i?s duly zuihor;�ed omcers tnis 4ih da� �,,.� )�;��m 2po2. \\��0�`��p,� 1N$�r��/��i�i ��" , Aitest• �\�'�' Ot-t,`iT •�'� ( --- � G�ryJ. do _,St `r ' �� r`rE�''.m� '�� = `�: �' — t��y hajw�.�i,presidez�t ��co r =z� �977 =:�� mmonwsa�th a,Pannsylvania _ �,y: :p� YD7�CD13I1�' . �O'. '�(��-- �1��, 'S•� ,,t7�., sYLV� ,.:�a,. On this 4th day oi Seplember,20D2,beiore my/��ona»�c��C. Bhojv:ani, to me h�o»�n,�,�ho beiag duly sworn, did depose and szy;that he is the P,esidenq of the Co � �� ft�ajl�td i�and which exccutcd Lhe abavc ins�t+men<.:thzi he l:,�ows J�e sea4 z�fixeo to lhe aiaresaid instru,-nent is such corporzte sea3 a��wzs a�iixed�hcreto by order and aut3�ority of tb�$oz�d of Ducciors o:szid Company;and that�e execut�ihe said ins7ument by like ordcr and authority and the saznt was his ire�act ar�d derd. Th=C�rnmonvrcalth of P�nns Ivania :..zihanne �otari2}Scat f .� , Y MarieLoose,l.ola � ' �- �o�k Counly SpringA�sbur}'7wp.,Yori:C � �� #''ty�ommissinn�pj�Jvne� � Notar��Pubit' }> ��y Orndor��', 5ecretary of Lincoln General Insurance Cotnpeny, z con}orziio� af��e Corn.mom��ealth of P�n�syiv�iz co hereby ce;tii'y tnat the above and;'oregoing is a fu11,bve and cnrrecf copy of Po��ef cf Ariomey issue:3 b}�szid Company, and of the wholc o{thc original and ihat thc said Pawcr o�'kt7orney is sti)i in full for_e zrid e�era and fizs not been revo3:�v, z-�d n+nher-nore th�.t the iZesolution pf the$pazd pf]�jrecio�5,set farih;n the said Powcr of Atlorney is no��in�orce. 31�\��i1T1�tESS V�'HERFOr`,J have herenn�o se�my hand�,�d zn�xeo Lhe sez)ofszio Gornnzny,at Yor1:,Pennsyl��aniz, �?�is _ ��a��03 04 `\`` ,.Si13Ut)11//�� 1 ��Q\\ �^ t�s�f ��/�i `\\��......,, i _ , -Z.-�' Q��-,, � ��,:.v: op E`o '•-��% �'J. ,,oc .,Secre• _ U' . c�`�� ._._ � •.tt�' � �: �977 �:�= � �: � ;o- � r.'. — .? � �f. `/�J$r�\,��.��\ ��i��/�'••...... '� � \��Q `J',��1»f11lI i'IS11415.»�,,\'\ . `...._ r �AL1h=0RNiA ALL-PURP��E ACICNOWLEDGMENT ' „ - -- - -„c�-.e�r�"�'-.�:r.c�c'<-o',y- . - - ^; � State of �[�.�Lt��Y'1'1�a � � � �� County of `�a � Z� � ' � ` � � On � UL�f n7� ,a��_beforeme, I�LC�.YIYI�'� YlY? �i"Yi�f lC��f](��T��J�C ;2� � � Dale Name and Tille OHicer(e.g. Jane Doe,Notary Public) � ;� personally appeared �o�1�C �� , ?� � Name{s)or Signer(s) �� personally known to me ?� ,� �'proved to me on the basis of satisfactory evidence ;� � � � to be the person(s) whose name(s) is/are subscribed to the ?� '�' wiihin instrument and acknowledged to me that he/she/they � JEANlVf@A.MAMBi21C � � ��on#��1� Z executed ihe same in his/her/their authorized capacity(ies), � � � Hoiary Public-Califnmia � and that by his/her/their signature(s} on the instrument the � oran�courty person(s),or the entity upon behalf of which the person(s) �; M'�L��"'•.� acted, executed the instrument. � � � WITNESS my hand and official seal. �„ �' � i " .,�� , �� Signal ot Nmary Publ' � � ' PTIONAI. � � Though the rnformation below is not required by law,it may prove valuable to persons relying on the dacument and could prevent i� fraudulent removal and reattachment of this lorm to another document. .�1 �' ;'s Description o# Afi#ached Document � `, Title or Type of Document ��(�(S(lSt�SYI� 1�dU��iYt� �'�`lll� ��b� � �,C.'�.�IL(:�,,.., : i- . �' Document Date: �t�l�� ' �� Number of Pages: �--�_ �, � { Signer(s) Ot�er Than Named Above: �j � Capacity(ies) Claimed by Signer(s) � � ,� Signer's Name: Signer's Name: '� � ;�� ❑ individual ❑ Individual � �j ❑ Corporate Officer ❑ Corporate Officer � � Title(s): Title�s): � � O Partner—❑ Limited ❑ General � Partner—O Limited O General � �' � Aitorney-in-Fact ❑ Attorney-in-�act � �' ❑ Trustee ❑ Trustee '' ❑ Guardian or Conservator . `� ❑ Guardian or Conservator � . � �-� � �� ❑ Othef: Top of thumb here ❑ Q#]�gr; Top of thumb here � �' � �\ � r , l � Signer ls Representing: Signer Is Representing: �„ � � � r� r � - - - - - m 1996 Nationai Notary Association•8236 Remmet Ave.,P.O.Box 7784•Canoga Park,CA 91309•71 e4 Prod.No.5907 Reorder.Catl 7oll•Frea 1-800•876-682> � ' � � T ��Q��Ltt PhQnr 717-757-0Q00 FAX� 717-751-0I65 �$L�y"��'' � 3350 Si�futefard Rd,P.O.Bax 3709, Yorl� PA 17402-0136 Bond No. 66112926 TERRORIS�VI RIDER NOTlCE— FEDERAL TERR�RISM 1NSURANCE COVERAGE AND DISCLOSURE O� PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a s#atutori[y established deductible to the insurance company providing this bond. The partion of your annual premium attributable to certified acts of terrorism under this bond is �a.00. C�VERAGE LIMITATIONS Payment for a lass will not exceed the limit of liability under this band. This bond wiif nof pay for any portion of certified terrorism lass beyand any applicable annual liability cap set for�h in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 Compai�y Profile Page 1 of 2 �ompany �rofile LINCQLN GENERAL INSIJR.ANCE COMPANY 3350 WHITEFORD ROAD YORK, PA 17402 800-876-3350 , Abent far Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate tlle Agent for Service of Process? Reference Information NAIC#: 33855 NAIC Graup#: 1326 California Company ID #: 4679-7 Date authorized in California: May 11, 2001 License Status: LTNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: PENNSYLVATIIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insuranca. For an explanafion of any of tk�ese terms,please z-efer to the �lossary. AUTOMOBZLE BURGLARY COMMON CARRIER LIABILITY FTRE LIABTLITY MARTNE - MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http://cdinswww.insurance.ca.gav/pIs/wu_co�rof/idb_co�rof utl.get_co_prot?p_EID=... 10/29/2004 � SUBDIVISION IMPROVEMENT AGREEMENT �o o � DATE OF AGREEMENT: l°• u� o� '.9' � NAME OF SUBDIVIDER: S G � �f �fnc�•-�s-, C•� (referred to as "SUBD[VIDER°). �r NAME OF SUBDIVlSION: UHt��Ysi�y G�o�n�G�� G�' No. of Lots: S'�x ��) {refierred to as SUBD1VISfON ). f� 3�3�z TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2 lo / (TM No: _� {referred to as °Resolution of Approval") � j�lc�isG �-t✓d< lo • 2 5'•� � IMPROVEMENT PLANS APPR�VED ON: r� �w ��. �o- ��•o f (referred to as "Improvement Pians' . ESTIMATED TOTAL COST OF IMPROVEMENTS:$ •�/SZ �4 3 . EST(MATED TOTAL COST OF MONUMENTAT[ON: `-+� c 'r""° �;3 So 0 � SURETY: ��.�� 7a�� BOND NOS: � �v /Z9 �G o �,n 7. �y, a� SURETY:.---- G��,Ga n. �'�t'.t�- fG�-s:,c.�a..-► c� -O R- [RREVOCABLE STAND-BY LETTER O�' CREDIT NQ. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUT[ON: This Agreement is made and entered into by and between�i�e City of Paim Desert, a mun'scipa! corporation ofithe State of California, hereinafter referreci to as "CITY", and the SUBDfVIDER. - RECITALS A. SUBDfVIDER has presented to CiTY for approval and recordation, a final subdivision map of a proposed SUBDIV[S10N pursuant to provisions of the Subdivision xr�uB�rE�i s9� Map Act of the�tate af Caiifornia and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CiTY's ordinances and regulatior�s reiating to the filing, approval and recordatian of subdivision maps are coilectively referred to in this Agreement as the"Subdivision L.aws". B. A tentative map of the SUBDIVISI�N has been approved, subject to the Subdivision Laws and to #he requirements and conditians contained in the Resoiutian of Approval. The Resolution of Approval is an file in the Office of the City .Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedentta the approval of a fina(map that SUBDIVIDER must have complied with the Resolution of Approval and must have either(a)campleted, in compliance wit1�CITY standards, a!I of the improvements and land devefopmen#work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement wi#h CfTY to complete the improvements and � land development within a period of fiime specified by CiTY. � D. In consideratian of the approval ofi a final map for the SUBDIVISlON by the City Council, SUBDNIDER desires to enter into this Agreement, whereby SUBDIVIDER � promises to install and complete, at SUBDIVIDER`s own expense, all the public impravement work required by CITY in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E. Complete lmprovement Plans for the canstruction, installation, and completion of the improvements have been prepared by SUBDiVfDER 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 incarporated into t�is ►�uaw.rEtiss� _2_ . Agreemerit by�his reference. All refierences in this Agreement ta the lmprovement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. � F. An estimate of the cast for construction of the public improvements and performing iand develapment work in connection with the improvements according to the lmprovement 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 attached as Exhibit"A" fo this Agreement. ,�17',q ct-�� T o�'� S- �f o� G. CITY has adopted standards for the construction and installation of improvements within the C1TY. The Improvernent Plans have been preparetf in conformance with CITY standards in effect on th� date of the Resolution of Approval. H. Al!public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formaf acceptance by the City Councif. Individual property manuments must be installed within one year from the formal final Council acceptance of said SUBDIVlSION. I. SUBDIVIDER recognizes thaf by approval of the final map for SUBDIV{SION, CITY has conferred substantiaf rights upon SUBDlVIDER, including the right to sell, Iease, or finance lots within the SUBDIVISION. As a result, CiTY will be damaged to#he extent of the cost of installa#ion of the improvements by SUBDIVIDER's failure to perform its obligafiions to commence construction of the improvements by the time estabiishe�in this Agreement. CITY shall be entitled to alf remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recagnized that the determination of whe�her a reversion to acreage or rescission of the SUBDIVISION RMPU61D7E11597 ._3- constitutes an"adequate remedy for defiauit by the SUBDIVIDER shalf be within the sole discretion of CITY. N�W, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDlVISION, SUBDIVIDER and CITY agree as follaws: (1) SUBDIVIDER's Obliqation to Construct )mprovements. SUBDIVIDER shall: (a) Comply with ail the requirements of the Resolution of Approval, and any amendmer�ts thereto, and with the pravisions of the Subdivision Laws. (b) Compiete at SUBDIVIDER'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; provided hawever,that the improvements shafl not be deemed to be compfeted untii accepted by City Council as provided in Section (97) hereirt. (c) Furnish the necessary materials for completion of the pubfic improvements in canfarmity with the lmprovement Pfans. (d} Acql�ire, or pay the cos� of acquisition by CITY, and dedicate all rights-of-way, easements and pther interests in real property#or construction and installa#ion of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by C1TY of off-site rights-of-way, easements and other interesfs in real propQrty shafl be subject to a separate agreement between SUBDiVIDER and CITY. SUBDfVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water,drainage, and/ar utifity easements or authorization to accommodate the SUBDIVISION. �euBw.r�►s9� —4— (e) Commence constructian of the improvements by tf�e time estabfished in Section (22)ofi 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 (22). (fl Install all SUBDIVISiON public improvement monuments required by law and prior to formal fiinal acceptance of the pubiic improvements by C1TY. lndividual property monumen#s sha{I be installed within one year of said acceptance. (g) lnstall street name signs conforming to CITY standards. Permanent stree# name signs shall be instalied befare acceptance of�he improvements by CITY. (2) Acquisition and Dedicatian of Easements or Riqhts-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 C(TY or SUBDIVIDER, na construction or installation shall be commenced before: (a) The offer of dedica#ion to C1TY of appropriate rights-of-way, � easements or other interests in real property, and appropriate authorization from the property owner to allaw constrt�ction or instalfatian of#he improvements or work, or (b) The dedicatian to, and acceptance by, C1TY of appropriate rights-of- way, easements or other interests in real property, as determin�d by the City Engineer, or (c) The issuance by a court of competent jurisdiction pursuantto the State Eminer,t Domain Law of an order of possession. SUBDIVf DER shafl compfy in all respects with #he order of possession. Nathing in this Section (2) shai!be construed as authorizing or granting an extension � of time to SUBDIVIDER. w�usw�►s9� _5_ (3) SecuritY. SUBDIVlDER shall at all times guarantee SUBDIV[DER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: (a) to assure faithfu! performance of #his Agreement in regard to said improvements in an amount of 100% of the estimated cost of#he improvements; and (b) to secure paymen##o any contractor, subcontractor, persons renting equipment, or furnishing labor and maferials for the impravements required to be constructed and installed pursuant to this Agreement in the additional amount af 50% of the estimated cost of the impravemen�s; and (c) #o guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptanc� thereaf by CITY against any defective work or labor done or defective materials fumished in the additional amount of '10% of the �stimated cost ofi the improvements; and (d) SUBDIVIDER shall also furnish to C1TY good and suffrcient security in the amount of one hundred percent(100%) of the estimated cost of set�ing SUBDIVISfON monurnents as s#ated previously in this Agreement in Section (1}(fl for a period of one year pius thirty (30) days from formal acceptance by�he City Council. The securities required by this Agreement shali be kept on file with the City Clerk. The terms af the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security,the replacement shali: 1) comply with all the requirements for security in this Agreement; 2) be pravided to the City Engineer to be filed with the City Clerk and, upon filing, 3} shall be deemed to have been macfe a part of anti incorporated into #his x�trHw.r�isv� —6— Agreement. Upon provision of a repiacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. (4) Alteratians to lmprovement Plans. • (a} Any changes, alterations or additions #o the Improvemen# Plans not exceeding ten percent(�0%}of the origina[estimated cost of the improvements,which are mutually agreed upon by C1TY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In #he event such changes, aiterations, or additions exceed 10% of the ariginal estimated cost of the improvement, SUBDIVIDER shall provide improvement securi#y for'Faithful performance as required by Section (3) of this Agreement for one hundred percent(100%)ofthe totaf estimated cost of the improvements as changed, aitered, or amended, minus any completed partial releases aliowed by Section (6) of this Agreement. (b) The SUBDIVIDER shall canstruct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. C1TY reserves the right #o modify the standards applicable to the SUBDIVISIt}N 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 SUBDIVIDER requests and is granted an extension of time for campletion of #he improvements, CITY may apply the standards in effect at the time of the extension. (5) lnspecfion. SUBDIVIDER shall at all times maintain properfacilities and safe access for inspection of the public improvements by CITY inspectars and to the shops wherein any work is in preparation. Upan completion of �he work, SUBDlVIDER may request a finaf inspectian by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the xr,�os��s9� —�— work has been�completed in accordance with this Agreement,then the City Engineer shal! c�rtify the completion of the public improvements to the City Cour�cii. No improvements shall be finally accepted by the City Councii unless all aspects of the work have been inspec#ed and completed in accordance with the(mpravement 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, C1TY shalf be given timely notice o#' SUBDIVIDER's readiness fior such inspection and SUBDIVIDER shall not proceed witFt additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear aq costs of inspection and cer�ification. No improvements shall be deemed cample#ed until accepted by the City Council pursuant to Section (17} herein. (6} Release of Securities. The securities required by this Agreement shall be released as foflowing: (a) Security given far faithful performance of any act, obligation, work or agreement shall be released upon the fina�campletion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. (b) The City Engineer may release a portion of th� security given for faithful performance of improvementwork as the impravement progresses upon application thereof by the SUBDIVEDER; 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 improver�ent work and that the security shall not be reduced to an amount less than fifty percent(50%) of the total improvement security given far faithful performance until final completion and acceptance of the improvement work. [n no event sha11 the City Engineer authorize a release of the improvement security which would reduce tu�ua�n.r�u s9� _g_ such security'to an amaunt below that required to guarantee the completion of the improvement work and any o#her obligation imposed by this Agreemer�t. {c} Security given to secure p�yment to the cantractor, his or her subcontractors and to persons furnishing iabor, materials or equipment shafl, at six (8) monfihs after completion and acceptance of the wark, be reduced to an amount equal to no less than 125°/o of the total claimed by afl claimants for whom iiens have been filed and of which notice has been given to the C1TY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obfiga#ions secured by the Security. The balance of the s�curity shall be released upon the settl�ment of aIl claims and obligations for which the security was given. (d} No security given for the guarantee or warranty ofi work shall be � re[eased until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Secfiian (1 fl), the warranty period shall nofi commence un#il formal final acceptance of a!I the work and improvements by the City Council. (e} CITY may retain from any security released, an amount sufficient to cover costs and reasonabfe expenses and fees, including reasonable attorneys' fees. (7) Iniur�to Public [mprovements, Public Property or Public Utilities Facifities: SUBDIVIDER s�all replace or repair or have replaced ar repaired, as the case may be, all -�public improvements, public utilities facifities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER sha(I bear the entire eost of replacement or repairs of any and all public or pub[ic utility property damaged ar destroyed by reason of any work done under this Agreement,whether such property is owned by the United States or any agency thereof,or r�us��s9� _g— the State of California, or any agency or pofi#ical subdivision thereof, or by CITY or any public or private utility corporation or by any cambina#ion of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. {8) Permits. SUBDfVIDER shali, at SUBDIVIDER's expense, obtain all necessary permits and licenses far the cons#ruction and installa�ion o#the improvements, give all necessary notices and pay all fees and taxes required by law. (9) Default of SUBDIVIDER. (a) Default af SUBDIVIDER shall include, but not be limited to, (1) SUBD{VfDER's failure to timely commence constructian of this Agreement; (2) SUBD[V1DER's failure to timely complete construction of the improvements; (3) SUBDIVIDER's failure to timely cure any defect in the improvements; (4)SUBDfViDER's faiEure to perform substantiai construction workfor a period of tweniy (20) calendar days after commencemenfi of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, orthe filing of any petition in bankruptcy either voiuntary or involuntary wi�ich SUBDNIDER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the SUBDiVISION or a portion thereaf, or any conveyance in lieu or in avoidance of foreclosure; or (7� SUBDIVIDER's fai[ure to perform any other obligation under this Agreement. tu�art�w.r��s9� _10— (b) CITY reserves to itself all remedies avai[able to it at law or in equityfor breach of SUBDIVIDER's obiigations under this Agreement. C1TY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of defauit by SUBDIVlDER. The right of CfTY to draw upon or utilize the security is additiana! to and not in lieu of any other remedy available to CfTY. It is specifically recognized that the estimated costs and security amounts may not reflect the ac#ual cost of construction or instalfation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shalf be measured by the cost of compieting the required improvements. The sums provided by the improvement security may be used by CITY for the campletion of the public improvements in accordance wi#h the improvement plans and specifcations contained herein. In the event of SUBDIVlDER's default under this Agreement, SUBDIVIDER autharizes C1TY to perfarm such obligatiart twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIViDER'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 confiract or by any other method C1TY may deem advisable, for the account and at the exper�se of SUBDIVIDER, and SUBDfVIDER's surety shall be liable ta CITY for any excess cost or damages occasioned CITY thereby. in such event, CITY,without liabifity fior so doing, may fake possessian of, and utilize in completing the work, such mate.rnals, app(iances, plants and other �roper�y belonging to SUBDIVIDER as may be on the sife of the work and necessary for performance of the work. (c) Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the�ling by CITY ofi notice of violation against all the lots in the Rr,rnus�.�is9� —11-- SUBD1VISfOIV, ar to r�scind the approval or othen�vise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER� agrees that the choice of remedy or remedies for SUBDIVEDER's breach shall be in the discretion of CITY. {d) In the event that SUBDIV(DER fails to pertarm any obligation hereunder, SUBDIVfDER agrees to pay all costs and expenses incurred by CITY in securing perFormance of such obligations, including but not limited to fees and charges of architecfs, engineers, attarneys, o#her professionals, and court costs. (e) The failure of CITY to take an enforcement ac�ion with respect to a default, or to declare a breach, shail not be construed as a waiver of that default or breach or any subsequent default or breach of 5UBDIVIDER. (10} Warrantv. SUBDIVIDER shall guarantee orwarrantythe work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty{�eriod any work or improvement Qr pa�t of any work ar impravement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfili any of the requirements of this Agr�ement or the improvement plans and specifications referred to herein, SUBD(V1DER shall without delay and without any cost to CITY, repair or replace or reconstruct any defecfive or a#herwise urtsatisfactory part or parts of the work or strucf�r�. Shouid SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, ta perform the work twenty (20} days after maiiing wr�tten notice af default to SUBDIVIDER and to SUBDIVIDER's surefy, and agrees to pay the cost of such worEc by CITY. Should CITY determine that an urgency requires repairs or replacemen#s to be made before �usw.r�iss� --12— SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cos# af such repairs. � {13} SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDiVIDER's agents, corttractors or subcontractors are or shail be cansidered to be agents of CETY in connection with the performance of SUBDIVlDER'S obligations under this Agreement. (12) ln�ury to Work. Until such time as the improvemen#s are accepted by CfTY, SUBDIVIDER shall be responsible for and bea�the risk of loss to any af the improvements constructed or installed. Until such time as a[I improvements required by this Agreement are fully completed and accepted 6y CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CfTY shall not, nor shall any officer or emplayee thereaf, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the worlc or improvements specified in this ' Agreemenfi prior to th�completion and acceptance of the work ar improvements. All�uch risks shall be the responsibifity of and are hereby assumed by SUBDIViDER. (13} Environmental Warranty. Prior to the acceptance of any dedications or impr�vements by C1TY, SUBDIVIDER shalf certify and warrant that neither the property to be dedicated nar SUBDIViDER is in violation of any environmentai law and neither the _ property to be dedicated nor the SUBDIViDER is subject to any existing, pending or threatened in�estigation by any federal, state or local governmental authority under or in connection with envirpnmental iaw. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, und�r, or about the property ta be dedicated, any hazardnus substance except in compliance with all applicable �us��isv� _�3_ environmental laws. SUBDIVIDER 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 tf�e migratian of any hazardous substance from or to any other property adjacent ta, or in the vicinity of, the proper�y to be dedicated. SUBDIVlDER's prior and present use of the property to be dedicated has not resulted in th� release of any hazardous substance on the properky to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: (a} Any procesding ar investigation by any federal, state or focal governmental authority with respect to the presence of any hazardous substance on the property to be d�dicated or the migration fhereof from or to any other property adjacent to, or in tt�e vicinity of, th� property to be dedicated; (b) Any claims made ar threatened by any third party against ClTY or the property to be dedicated refating to any loss or' injury resulting from any hazardous substance; and, (c} SUBDiVIDER'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 forthe purpose for which is it is intended, transferabiiity or suit under any environmental law. (14) OtherAqreements. Nothing cor�tained in this Agreement shall preclude CiTY ._ from expending monies pursuant to agreements concurrently or previously executed between the parties, or from erttering into agreements with other subdividers for the app�rtionment of costs of water and sewer mains, or other improvements, pursuant to the �n�rnua�.r�►s9� —14— provisions of the CITY ordinances providing#herefore, nor shalf anything in this Agreement commit C1TY to any such apportionment. (15) SUBDIVIDER'S Obliqation to Warn Public Durinq Consfruction. Until formal final acceptance of the irnprovements, SUBDIVIDER shalf give gaod and adequate warning to the public ofieach and every dangerous condition exis#ent in said improvements, and will take all reasonable actions to protect the public frorn such dangeraus condition. (16) Vestina of Ownership. Upon formal final acceptance a#the work by CITY and recordation of the Resolutian o# Acceptance of Public Emprovements, ownership of the improvements cons�ructed pursuant to this Agreement shalE vest in CITY. (17) Final Accepta�ce of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recammendation of the City Engineer after final completion and inspection o€ all improvements. The City Councii shafl act upon the Engineer's recommendation within sixty(60) days from the date the City Engineer certifes that the work has been finaily completed, as provided in Section {6}. Such acceptance shall nat constitute a waiver of defec#s by CITY. (18} lndemnity/Hold Harmfess. CITY or any officer or employee thereof shall not be iiable for any injury to persons or proper�y accasioned by reason of the acts or omissions of SUBDIVIDER,its agents,oremplayees, contractors artd subcontractors in the perFormance of this Agreement. SUBDNIDER further agrees to protect,defend, indemnify and hold harmless CITY, its officials, boards and comrr�ssians, and members #hereof, agents and employees from any and all claims,demands, causes of action, [iabi[ity or loss af any sort, because of, or arising out of, acts or omissions af SUBDIVIDER, its agents, employees, contrac#ars and subcontractors in the perfarmance af this Agreement, except far such c[aims, demands, causes of action, liabifity, or loss arising out of the sole active RMPUB�DJE11597 —�cj— negligence of the CITY, its officials, boards, commissions, #he members thereof, agents, and employees, inciuding all ciai►-ns, demands, causes of action, liability, or loss because of, or arising ou# of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmfess shall extend fo injuries to persons and damages or taking of property resulting from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and irt addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of#he improvements shall not constitute an assumption by CITY of any respansibility for any damage or taking covered by this Section. CITY shail not be responsible for the design or construction of the property to be dedicated or #he improvements pursuant to the approved improvement plans or map, regardless of any negfigent actian or inaction taken by C1TY in approving the plans or map, unless the particufar improvement design was specificaliy required by CITY overwrit#en objection by SUBDlVIDER submitted to the City Engineer before approval a#the particular improvement design,which objection indicated that the particular impravemenf design was clangerous or defective and suggested an alternative safe and feasib�e design. After acceptance of the improvements, the SUBDlV1DER shall remain obligated to eliminate any defiect in design or dangerous condition caused by the design or construction defect;- howe�er, SUBDIVIDER shall not be responsible for rautine maintertance. Provisions o#this Sectian shall remain in ful[ force and effect for ten (10) years fiollowing the acceptance by C1TY of the improvements. It is the intent of this Section that SUBDIVIDER shall 6e responsible for all liability for design and canstruction af the improvements installed or work done pursuant to thi�Agreement and that CITY shall not xt�vs�.r��s9� —16— be liabfe for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checicing, or inspecting any work or construction. The improvement security shall not be required to cover the p�ovisions of this Section. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited ta fees and charges of architects, engineers, attorneys, and other professianals, and court costs) incurred by CITY in enforcing the provisions of this Section. {�9) Personal Nature of SUBDIVIDER'S Obliqations. AIS of SUBDIVIDER's obligations under this agreement are anci shal! remain the personai abligations of SUBDIVIDER nofinrithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee af all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of C ITY. (20) Sale ar Disposition of SUBDIVlSION. Seller or other SUBDlVIDER may request a novation of this Agre�ment and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Sectian (18)for the work or improvement done by SUBDIVIDER. (21) Time of the Essence. Time is of the essence in the performance of this Agreement. (22) Time for Commen�ement of Work; Time Extensions. SUBDlVIDER shall commence substantial canstructian 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 Kr.�us�r��s9, —17— as determined by the City Engineer, the time for commencement of construction or comp[etion of the improvernents hereunder may be e�ctended 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 fo SUBDIVIDER'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 shall be the sole and final judge as to whether or�ot good cause has been shown to entitle SUBDIVIDER ta an extension. Delay, other than delay in the commencement of work, resulting from an act af CITY, act of God, or by storm or inclement weather, strikes, boycotts ar similar political actions which prevents the conducting of work,which SUBDIVfDER could not have reasonably fareseen anci, furthermore, were not caused by gr contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for cornpletion. As a condition of such extension, the City Engineer may require SUBDIVIDER fo furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate fQr any increase in constructian costs as determined by the City Engineer. (23) No Vestinqof Rights. Performance by SUBDIVIDER af this Agreement shall nat be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. (24) Notices. All notices required or provided for under this Agreement shaff be in writing and delivered in person or sent by mail, postage prepaid and addressed a.� provided in this Section. Notice shall be effective on the date it is deiivered in person, or, if mailed, on #he date of deposit in the United States mail. Notices shall 6e addressed as follows unless a written change of address is fifed with the City: Notice to C1TY: City of Palm Desert xn�us�.r��ss� _�g_ � 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Directar Notice to SUBDIVIDER: S� 9} � � �- c� : ��y'�� S'�c-� �ls-� v.e. s-.�,4. r �h.-a-Gc wcr�� G� g�-�o'G No#ice to SURETY: ��e/y ��.u�.� �l•r,svv-�-c� �• 3� �� w��-� ,��. r�.� �ox �,�0 9 —_._��'"� ,�'� � 7 s�z. -0�3 G (25) Compliance With Laws. SUBDIVIDER, its agents,employees,cantractors and subcantractors shail comply with all federaE, state and local laws in the performance af the improvements and land development work required by this Agreement. (26) Severabi(itv. The provisians of this Agreement ar�severa6le. If any portion of this Agreement is held invalid by a eaur�of campeter�tjurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual cansent of the parties. (27) Captions. The captians of this Agreement are for convenience and reference only and sha[I not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions ofi this Agreement. (28) Litiqation or Arbitra�ian. fn the event that suit or arbitration is brought to en#orce the terms of this Agreement,the prevailing party shall be entitled to litigation costs and reasanable attomeys' fees. �- (29) lncorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the ferms of this Agreement. {30) En#ire Aqreement. This Agreement constitutes the entire agreement of the parties with respectto the subject matter. All madificatians, amendments, orwaivers ofthe �u��.�,�sv� �19_ terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. (31) Interpretatian. This Agreement shall be interpreted in accordance with the laws af the State of California. (32) Jurisdiction. Jurisdiction of afl dispu#es over the terms of this Agreement shall be in the County of Riverside, State o#California. !// /U lll lll IN WITNESS WHEREOF,this Agreement is executed by the parties as of the date hereinabove first written; by CfTY, by and through its Mayar. S�`�1� ��''��r �--p CITY OF PALM DESERT SUBDIVfDER By: SUBDIVIDER MAYOR �rc. s�-��c, vP EXs �r0. GE,v�t-�� p,��1vE.2 (Proper Natarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: CITY C1.ERK APPROVED AS TO FORM: nr,�us��t s9� --2 0- % � C I ATTO N EY tzt�,�us�.r�t s9� —21— , STATE OF CA�IFORNIA ) ss COUNTY OF�R�'� ) On �(� �'S � , �, before me, a Notary Public in and for said State, �e�sonally appeared Fi"r'�nti c'J��pt- , personally known to me {or proved to me on the basis of satisfactory evidence)to be the person(s)whose name{e}is/a�subscribed#o. the within instrument and acknow�edged to me tha� �e/�t�ey executed the same in his/he�#eir authorized capacity(ies), and that by his/i�er-�b�ir signa#ure(s) on the instrument the person(.sj, orthe entity upon behalf ofiwhich the person($)acted, executed the instrument. ��,r�r�,�arw�BRic CorrurFission t 1301343 Z liofary Public-Caliinmia � Orpnge Caunty WITNESS my hand and official seal. sr,�c��r�,zoos ..1L2��r�t,c� ,�z�ccc� NOTARY PUBLIC RMPUB\VCDI760 —2 2— , �/ ` � ..�� I V r �'�t�tvl L!c� _ ,�,.1"C 1 73-510 Fred Waring Drive � `��`� - � — Palm Desert, Califarnia 9226Q-2578 XN i�3 i i Te1: 760 346-0611 Fax: 760 341-7098 ` info an.pafm-desert.orq BONDS AND FEES SUMMARY PROJECT: PM 30342 - Parcel 1 - University Commerce Center DATE: June 18, 2004 BONDS: Faithfu! Performance . . . . $ 182,443.00 Labor and Materials . . . . $ 9�,222.00 TOTAL BONDS � 273,665.00 SURVEY MONUMENTATION: {Cash Depasit) . . TOTAL. DEP�51T $ 3,500.00 FEES: - Grading . . . . . � 887.00 Map � . . . . . $ - Checking . . . . . $ 9,saa.00 Inspection . . . . . $ 18,467.00 Lighting & Landscape District Formatior� . $ - Par�C . . . . . $ - Signafization . . . . . $ 4,210.�0 Drainage . . . . . $ - Encraachment Permit . . . . $ 6.00 Fringed Toed Lizard . . . . $ - Trar�sportation Uniform Mifigatior� Fee {T.U.M_F.) . $ 144,988.51 PM10 Deposit (8.42 Acres * $2000/Acre) . $ 16,840.00 " � TOTAL F�ES � 195,198.5'1 Prepa�ed By: B. Egan __ Checked By: P. Garner G:1Pu6NhuicslTemp7ateslBonds 6 Feea Summaryf.xls � � � � � � � BERGER RD G�oFp�D�,� PARCEL 1 OF PARCEL MAP 30342 � � a � � ��,�' DATE: � • o� �c!''�01�'� 11/2010 VICWITY MAP