The URL can be used to link to this page

Home My WebLink AboutRelease Security Atria Senior Living Grp, Inc. - 1 yr Maint Deposit CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE SECURITY FOR ATRIA SENIOR LIVING STREET IMPROVEMENTS AND ACCEPT THE ONE-YEAR MAINTENANCE DEPOSIT SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Atria Senior Living Group, Inc. 401 South 4th Street, Suite 1900 Louisville, KY 40202 North American Specialty Insurance Company 701 South Parker Street Orange, CA 92868 BOND NUMBER: 2130157 DATE: October 14, 2010 CONTENTS: Bond Agreement Trust Deposit Vicinity Map Recommendation By Minute Motion, release security for Atria Senior Living street improvements and accept the one-year maintenance deposit. Backqround Atria Senior Living is located at 44600 Monterey Avenue between Guadalupe Avenue and San Gorgonio Way. At the time of permit issuance, performance security in the total amount of $35,661 was posted with the City for street improvements on Monterey Avenue. All street improvements are now complete. Staff has inspected the site and found it to be acceptable. The normal one-year maintenance bond has been submitted as a cash deposit in the amount of 10 percent of the faithful performance amount. Staff Report Release Security for Atria Senior Living Street Improvements and Accept the One-Year Maintenance Bond October 14, 2010 Page2of2 Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Depart e ad: \( � 1�� Christina Canales, Assistant Engineer Mark Green ood, P.E., Director of Public Works CITY COUNCIL ACTION APPROVED ✓ D�NiF,n aul S. Gibson, Director of Finance RECI:IVED O�t'�i�;lZ ��;rT�Nc nATE /�'��/ -.��/C� Aprp o al: AYES: � e� s� � ,-i� �Ie � , NOES: N��- -� AIiSF,NT: ;sl�� A13STAIN: �' M. Wohlmuth, City Manager VrRIFIrD BY: � Original on Fi(e with City Clcrk s Of'tice Gn�VUl�L 11V LUYLIVHI� � , � , BOND N0. 2130157 PREMIUM: $594.00 � . Premium Is For Contract Term CITY OF PALM DESERT And Is Sub'ect To Adjustment sased On�inal Contract Price STANDARD FORM FAITHFUL PERFORMANCE BOND NAME OF DEVELOPMENT: Atria Hacienda NAME OF DEVELOPER: ARV Assisted Livinq. Inc. NAME OF SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY EFFECTIVE DATE: JULY 23, 2010 AMOUNT OF BOND: $23,774.o0 BQND NUMBER: 2130157 PREMiUM: $594.o0 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereaf, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 6 above, for the faithful performance of that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provisions of the Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment of which sums � weil and truly to be made, PRfNCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that if the said PRINCIPAL shali faithfully perform the covenants, conditions, and agreements contained in that certain iMPROVEMENT AGREEMENT between PRINCIPAL and CiTY regarding the development named on Line 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shalt furnish material in compliance with the specifications and perform all that certain work and improvement in said ClTY which is more particulariy described in said IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful performance of said IMPROVEMENT AGREEMENT shatl be void, otherwise to remain in full force and effect. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shail in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of pertormance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shail pay CITY'S reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRiNCtPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. ARV Assisted Living, Inc. � Q �� BY: ' ,�.�"_ Mark A. Alexander Sr.Vice President- Redevelopment tvnumv AM1:D7l+A1i �..,r..r•_,,... _---- C FORA�l�Al.L-PU�i��E�5CK111��l�E �iki� T m _ . 0#''TlQld�1.SEC?tON State of California ) CAPACITY CLAi�ED BY S1GtdER Sf� DIEGd thax3h statute dnes not�equwe the Notary 10 Caunty af _ _ ) iitl in tix: dTta below, cto+ny so rriay Rrove , inv:iluat�e to pc�rsons reiying on the ciocument � 07/23I2aZQ DEBORAH D. DAVIS, NOTARY PUBLIC [�1NDIViDUAL � p� � ^_ before me, �CORPORATE 4FFICER{S) personally appeared MATTIiEW C. GAYI�I(�R ! StTlE15) who proved to me on the bas�s of satis€actory evidence to be the persan(s} whose name(s} fsJare �pqRTNER(S) [}L1MfTED subscribetl to the within instrument .,nd acknowiedged �GENERAL to me that he/shetthey executed the same in h�slhert �A-��ORNEY-IN-FACT their authorized capacity{ies), and that by his/herttheir -�R�STEE(S) signaturejs}an the tr�strument the person(s),or the entity ❑ upon behalf of which the persa��s) acted,executed thc� ❑GUARDIAN/C�NSERVATO� insfrument (�OTHER: _ — I certify under PENALTY OF PERJURY under the daws o� — -�: � the Sta#e of California that khe taregoi�g paragraph is � ,, �,��s��Ala C�.t��,v�s true and carrect. SIGAIER IS REPRESE�lTi�G: �' � �_, �;� ��. �aMt�.��7s�a�� ,�, uoTas��Y aua��c-c��iFoarsin N W{TNESS my hand and official 5e�{. r�n�,e F s�eR or,� on�N��rr},�s, � . * �f sfwd�E�ocour�Tv , �rfa`� My Cott7m.ExP. APRiL 21,2011 � � 1 Si9n ure ai Notary � Oi�T1�NAl SECTIOAI � THiS CERTfFICATE MUST BE ATTACHED TO TiT�E OR TYPE OF DdGUMENT �� THE DOCUMENT OESCRiBED AT RIGHT: „_,.� NUMBFR flF PRGES C�iitEr:�5=C}t9C[,);v��i�f ----� - 'fhough the data�equestad hera is not required by taw, tt�outd prevant lraudutent reattachmen�ot this forrn. SlGNER(S)OTHER THAN NAMED AB(�V�..._ STATE OF KENTUCKY ) ) SS: COUNTY OF 3EFFERSON ) Before me, a Notary Public in and for the State and County aforesaid, appeazed Mazk A. Alexander, who is the Senior Vice President - Redevelopment, personally known to me, and on the 20�' day of July, executed the foregoing and acknowledged the same to be his act and deed on behalf of ARV Assisted Living, Inc. My commission expires: Octo e 17 2011 M� � �'l�'�'SW�r�ly Rob' A. Swartzwelder,Notary lic .•• •. 4r:N O Tq •�'�Fj State-at-Large,Kentucky . • A Y:m �;A'�`''�',- :'° ��.,.V e L!C,�,,�- ��y„�RG� �F,�,�,�' City of Palm Desert Standard Form Faithful Perfocmance Bond Atria Hacienda/ARV Assisted Living,lnc. NAS SURETY GROUP NORTI I AMERICAN SPECIALTY INSURANCE COMPANY WAStIINGTON INTERNATIONAL RVSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL M�N BY Tii�S�PR�S�NTS,TI IAT North American Specialry Insurance Company,a corporation duly organized and existing under luws of the State of New Ilampshire,and having ils principal o�ce in the City of Manchester,New Hampshire,and Washington International Insuran�e Company,a cotporation organized and existing under the laws of the State of Tlew Hampshire and having its principal offtce in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: 70iIN G.MALONEY,fIELEN MALONEY,MARK D.IATAROLA, MATTFIEW C.GAYNOR and DEBORAH D.DAVTS JOINTLY OR SFVERALLY its true and iawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behulf oT each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by Iaw,regulation,conuact or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLTON($25,000,000.00)DOLLARS This Power of Attomcy is grnnted and is signed by Cacsimite under and by the authority of the following Reso3utions adopted by the Boards of Directors of both Norfh American Specialty Insurance Company and Washington Intemafional insurance Company at meetings duly called end held on the 24'"of March,2000: � "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice Pcesident,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power af Attorney qualifying the attorney named in thc given Power of Attomey to execute on behalf of the Company bonds,underlakings and all conuacts of surety,and that eaeh ar any of them hereby is aathorized to attest to the execution of any such Power of Attomey and to attach therein lhe seal of the Company; and it is FUR"IT�ER RESOLVED,that the signature of such officers and lhe seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any sueh Power of Attomey or certificate bearing sueh facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety w which it is attached." ��°o+unnunqn .�`QE��•'•a!��o; j�� t�ot�u,� a y:• �4'-•. �nt� �Sr �b�` r�,., �y C ��t7-�OPPOi�r G$ —"l. S�� G Sleven P.Anderma,Praidee�&Chicf Fsecutlre Oflicer of Wubfajton Interwtbnd Insunaee Comp�oy �2;�. S'��i$ = i�. 1p13 oi:m= k Senbr Vke Prddrnl of Na16 Amerluo Speeldty Inwnnce Conp�ny �: � ��5:NAMP`�� , �� . .�� °�',�� '''�hidy"nm�`��\ !' sy �++ D�vld M.Leymaa,Sealor VIu P�aldea of WohlnEloo Inlern�Won�l lnfunata Campeny &Vke Praldent of Narth Amerle�n Speeldry In�unoee Compwy IN WITTIESS WHERE�F,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this �3�' day of MaY ,2010 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook �' Qn this t3�day of MaY ,20�� ,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington lntemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M,Layman, Senior Vice President of Washington international Insurance Company and Vice President of North American Speciatty Insurance Company, personally known to me,who being by me duly swom,acknowledged that they signed the above Power of Attomey as o�cers of and acknowledged said insirument to be the valuntary act and deed of their resoective comnanies. "OPFICTALSPAL" �Q��v�tA JV ��,�gtiq DONNA D.SIQENS NaaryPuWic,Sta�eottUinob Donna D.Sklens,Notary Pubhc My�o e,,��aaurzoll 1, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington intemational Insurance Company,do hereby certify that the above a��fo;cguing is a true and correct copy ol'a Power of Attomey given by said North American Specialty Insurance Company and Washington In:ema;ie��a�ihsurance Company,which is still in full force and effect. 23RD iN W[7T3ESS WHEREOF,i have set my hand and affixed the seals oC ehe('ompan�es this�day of JULY ,2010 ��- Jromn A.Ca�enter,Via Presidrn��4 Aui:unt Seereury of Wethittg�on lmernalionel Inwruwe Company R NoMh Amer�an Speci�t�y Insuranu Company EXECUTED IN DUPLICATE � 6`� ` . BOND Nd. 2130157 ]E';�Ufd�CI.iJDSa 1N P�FO�(ANC��0'�1�1 CITY OF PALM DESERT STANDARD FORM PAYMENT BOND (LABOR & MATERiALS) NAME OF PROJECT: Atria Hacienda NAME OF DEVELOPER: ARV Assis#ed Livinv, Inc. NAME OF SURETY: NORTA AMERICAN SPECIALTY INSURANCE COMPANY EFFECTIVE DATE: JULY 23, 20�0 AMOUNT OF BOND: $11,gs7.00 BOND NUMBER: Zlsols� PREMIUM: INCLUDED IN PERF4RMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 of Page 1 hereof wi#hout regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 af Page 1 hereof, a corparation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Section 6 to 13 thereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely held and firmly bound unto and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used, in, upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain IMPROVEMENT AGREEMENT hereinafter mentioned and all persons, companies or corporations , renting or hiring teams or implements, or machinery, for contributing to said work to be done, all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION is such that whereas the above- bounden PRINCIPAL has entered into an IMPROVEMENT AGREEMENT with the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, for the construction of public improvements in the project named on Line 1 of Page 1 hereof, which said IMPROVEMENT AGREEMENT is by this reference incorporated herein: NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor, or subcontractors, fails to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, ar for any work or labor done thereon of any kind, or for amounts due under the Unemployment lnsurance Act with respect to such work for labor, SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought an this bond, a reasonable attarney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of all applicable CITY ordinances, resolutions, rules and regulations supplemental thereto; and all amendments thereto; and shall inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions thereof. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument the date mentioned on Line 4 of Page 1 hereof. ARV Asslsted Living, Inc. �. � . �.n 0 ca�Fo��a�u.�-��osE�c � �o�r� �� ,�,,�� State of California ) _ UP710NAL SECTiON CAPACtTY CLAIMED BY SIGNER County af SAN DIEGO � Ttwugh statute does not requue ihe Notary to __._..............._...____..�._....._....____..._.__....._�__.__.. fill 'rn the data bebw, darx� so m�y prove , invaluable to persons relymg on the docurr�nt. 07/23/2010 DEBORAH D. DAVIS NOTARY PUBLIC On _--l� before me, ._ . _ _ ' _ _ ❑{NDiViDUAL _., ❑GORPORATE OFFICER(S} personally appeared M�,TTHEW C. GAYNOR _.�_„ nTG�tst � who proved to me on the bas:s of satisfactory evidence to be the person{s) whose name(s} islare �pARTNER(S) []LIMITED subscribed to the within instrument and acknawledged ��ENERAI to me that he/she/they executed the same in hislher/ �ATTORNEY-IN-FACT their authorized capacity(ies), and that by his/her/their signature(s}on the instrument the person(s),or the entity ❑TRUSTEE(SI upon behatf of which the person{s)acted, executed the �GUARDIAN/CONSERVATOR instrument. [�OTHER: ��,.Q-� � ! certify under PENALTY OF PERJURY under the laws ot 4 �pP k S D�BaI�AM D.DAVIS the State of Califomia that the foregaing paragraph is �� . � corvinn.a1�3�a11 � . . __ � ,�, � NOTARY PU6UGCALIFORNIA N true antl correct. SiGNER IS REPRE5EN s :s.`' �r . SAN DIEGO COUNY'Y y��TNESS m hand and official seal N-ME:� �� £q F �" My Comm.Exp. APRIL 24,2a11 Y _.__ ��!_^�-•`'"•----"�� _ ;�Sk Signature of Notary o�r�ar�sEcr�oN � 7}iIS CERTIFICATE MUST 8E ATTACHED TO 71TLE OR TYPE C)F GOCl1MENT TNE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF OOGUMENT Though the data requested here is noi requued hy faw, it couki prevent fraudulent realtachment ot this iwm. SlGNER(S)OTHFR THAN NAMED ABOVE STATE OF KENTUCKY ) ) SS: COUNTY OF JEFFERSON ) Before me, a Notary Public in and for the State and County aforesaid, appeazed Mazk A. Alexander, who is the Senior Vice President - Redevelopment, personally known to me, and on the 20�' day of July, executed the foregoing and acknowledged the same to be his act and deed on behalf of ARV Assisted Living, Inc. My com ' ' ires: Octob • 17 2011 sw,....?y�o P;.• •., - :' pTARY;� �1 ;N�_ ; Robin A. Swartzwelder,Notary c � ' State-at-Large,Kentucky �'�;:PUBI.�C;'� •. : �9�,F,,L�A�T�LPPG�,�� "'�aon Etcd'� City of Palm Dcsert Standard Form Payment Bond(Lebor&Materials) Atria HaciendelARY Assisted Living,inc. . I *_: � � �a «.y � � � ,�. �': � ' � a:.� ,�„ 'Y . � g� �� . � 7 �� » �£� �,� � �., a � � 73-5�o FKr;t�Wn►twc: Utt�vr ,; t�: �° �� Pni.M DFs�:a�r, Cni.iFORNia 9zz6o—z578 .,,_. ,. a�� TE[.: �60 34b—o6ti - �' r•nX: 760 340-0574 �� ,.,; �� inFo�apalm-dcsert.org � �'� � m , __ � ____. . ._.. r'=�._ - _ _ __ _. __. __ __ . W.: __'. � ,z _ , tz�.. �: , , ,a ^k:'a. August 24, 2010 Atria Senior Living Group, inc. 401 South 4�h Street, Suite 1900 Louisville, Kentucky 40202 Dear Sir or Madam: Subject: imurovement Aqreement for the Development Referred to as Atria Hacienda Enclosed for your records is a fully executed copy of the subject Agreement. lf you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CMC CITY CLERK RDK:mgm Enclasur (as noted) cc/enc: Christina Canales, Assistant Engineer ��,e.,�a�o„u f IMPROVEMENT AGREEMENT DATE OF AGREEMENT: July 23 , 20 1 0 NAME OF DEVELOPER: ARV Assisted Livin , Inc (referred to as"DEVELOPER"). NAME OF DEVELOPMENT: Atria Hacienda (referred to as"DEVELOPMENT"). DEVELOPMENT RESOLUTION N/� OF APPROVAL NO.: Resolution_ (referred to as"Resolution of Approval") IMPROVEMENT PLANS NO.: E- a 7_1 (referred to as"Improvement Plans"). � ESTIMATED TOTAL COST OF IMPROVEMENTS:$_ ��Q� a� SURETY: LETTER OF CREDIT/BOND NOS.: 2130157 This Agreement is made and entered into by and between the City of Palm Desert, a rnunicipal corporation of the State of California, hereinafter referred to as "CITY", and the DEVELOPER, � RECITALS A DEVELOPER has presented to CITY for approvai a Conditional Use PermiUPrecise Plan of Development pursuant to provisions of the CITY's ordinances and regulations relating to development approval. �. A Conditional Use Permit/Precise Plan of Devetopment has been approved, subject to the requirements and conditions contained in the alsrr ta�c ts�ao Resolution of Approval. The Resolution of Approvai is on file in the Office of the Director of Community Development and is incorporated into this Agreement by reference. C, In consideration of the approval of a Conditional Use Permit/Precise Plan of Development for the DEVELOPMENT by the Planning Commision, DEVELOPER desires to enter into this Agreement, whereby DEVELOPER promises to install and complete, at DEVELOPER's own expense, all the public improvement work required by CITY in connection with the proposed DEVELOPMENT. DEVELOPER has secured this Agreement by improvement security required by the City and approvecl by the City Attorney. D. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by DEVELOPER and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference, All references in this Agreement to the Improvement Plans shall inctude reference to any specifications for the improvements as approved by the City Engineer. E. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer, The estimated amount is stated on Page 1 of this R�IP?�R�•A`C't1.?trfe , ' i Agreement. The basis for the estimate is on fite 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 improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. NOW, THEREFORE, in consideration of the approval of the DEVELOPMENT. DEVELOPER and CITY agree as follows: 1) DEVELOPER's Obliaation to Construct Imnrovements. DEVELOPER shall: (a) Comply with all the requirements of the Resolution of Approval, and any amendments thereto. (b) Complete at DEVELOPER's own expense, all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement. (c) Furnish the necessary materials for completlon of the public improvements in conformity with the Improvement Plans. (d) Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-of-way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The DEVELOPER's obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in rea! property shall be subject to a separate agreement between DEVELOPER and CITY. R�iPun.r�n*�-, DEVELOPER shall also be responsible for 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 installed on land not owned by CITY or DEVELOPER, no construction or installation shall be commenced before: (a) The offer of dedication to CITY of appropriate rights-of-way, easements or other interests in real property, and appropriate 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 appropriate rights-of- way, easements or other interests in real property, as determined by the City Engineerg or (c) The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. DEVELOPER shall comply in all respects with the order of possession. a�rra:n r t a�.;� 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 su�cient security as reguired on forms approved by CITY for 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 securiry is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. R.\iPt.O t�fU`t+3 4) Alterations to Improvement Plans. (a) Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and DEVELOPER, shall not relieve the improvement security given for faithful perFormance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, DEVELOPER 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 or comply with applicable state or federal law or CITY zoning ordinances. If DEVELOPER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5) Inspection. DEVELOPER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, DEVELOPER may request a finai inspection by the City Engineer, or the City R�tF4n�CU�ao Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of DEVELOPER's readiness for such inspection and DEVELOPER shall not proceed with additional work until the inspection has been made and the work approved. DEVELOPER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted pursuant to Section (16) herein. 6) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful pertormance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection(b) hereof. (b) The City Engineer may release a portion of the security given for faithful pertormance of improvement work as the improvement progresses upon application thereof by the DEVELOPER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful pertormance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement n��rc n i co�e; work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. (c) Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance of the work, be reduced to an amounf 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 pertormance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. (d) CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys'fees. 7) Injury to Public Improvements, 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 work under this Agreement. DEVELOPER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or n�irrn��i o-�, by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the Ciry Engineer. 8) Permits. DEVELOPER shall, at DEVELOPER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9} Default of DEVELOPER. (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 of the work; (5) DEVELOPER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which DEVELOPER fails to discharge within thirty(30)days; (6) the commencement of a foreclosure action against the DEVELOPMENT or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) DEVELOPER's failure to perform any other obligation under this Agreement. R\1V00��\'CQ"zr: (b) CITY reserves to itself all remedies available to it at faw 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 appropnate 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 specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for DEVELOPER's default shall be measured by the 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 DEVELOPER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other methocf 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, CtTY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to DEVELOPER as may be on the site of the work and necessary for performance of the work. R�tPL�G�A'C U`t.r, (d) Failure of DEVELOPER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all proposed improvements in the DEVELOPMENT, or to rescind the approval or otherwise revert the DEVELOPMENT to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. DEVELOPER agrees that the choice of remedy or remedies for DEVELOPER's breach shall be in the discretion of CITY. (e} In the event that DEVELOPER fails to perform any obligation hereunde�, DEVELOPER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attomeys, �ther professionals, and court costs. (fl The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of DEVELOPER. (10) DEVELOPER Nat Agent of CITY. Neither DEVELOPER nor any of DEVELOPER's agents, contractors or subcontractors are or shall be considered to be agents of ClTY in connection with the pertormance of DEVELOPER'S obligations under this Agreement. (11) Inlury to Work. Until such time as the improvements are accepted by CITY, DEVELOPER shall be responsibls for and bear the risk of loss to any of the improvements constructed or installed. Untii such time as all +mprovements 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, R}tPl td�-1�C(l;^h0 CITY shall not, nor shall any of#icer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and 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 pa�ty will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. DEVELOPER has not caused or permitted the retease of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to,or in the vicinity of, the property to be dedicated. DEVELOPER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. DEVELOPER shall give prompt written notice to CITY at the address set forth herein of: (a) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to R.,n•a t��cn T�,; any other property adjacent to, or in the vicinity of, the property to be dedicated; (b) Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting ftom 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 coufd cause the prope�ty 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 Aareements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrentfy or previously executed between the parties, or from entering into agreements with other developers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. (14) DEVELOPER'S Obliaation to Warn Public Durin4 Construction. Until formal final acceptance of the improvements, DEVELOPER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. (15) Vestin4 of Ownership. Upon format final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, x�srG�tr:��cC�.E�<, 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 CITY 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 (60j days from the date the City Engineer certifies that the work has been flnally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. (17) Indemnitv/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. DEVELOPER further agrees to protect, defend, indemnify and hold hannless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes af action, liability or loss of any sort, because of, or arising out of, acts or omissions of DEVELOPER, its agents, employees, contractors and subcontractors in the 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 o�cials, boards, commissions, the members thereof, agents, and employees, inctuding al( claims, demands, causes of action, liabitity, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shatl extend to injuries to persons and damages or taking of property resulting from the design or construction of said DEVELOPMENT, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the � A1iP141�.1'Ct736t� . diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CIN of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shal� 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 the particular improvement design was specifically required by CITY over written objection by DEVELOPER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the DEVELOPER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, DEVELOPER shall not be responsible for routine maintenance. Provisions of this Section shall remain in fu(I force and effect for ten (10) years following the acceptance by CITY of the improvements. It is the intent of this Section that DEVELOPER shalf be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. DEVELOPER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incur�ed by CITY in enforcing the provisions of this Section. n\1PCH',�'fR�?� (18) Personal Nature of DEVELOPER'S Obiiqations. All of DEVELOPER's obligations under this agreement are and shall remain the personal obligations of DEVELOPER notwithstanding a transfer of ali 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 atl or any part of the property within the DEVELOPMENT or to any other third party without the express written consent of CITY. (19) Sale or Disposition of DEVELOPMENT. Seller or other DEVELOPER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the DEVELOPER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the DEVELOPER of the obligations under Section (17) for the work or improvement done by DEVELOPER. {20) Time of the Essence. Time is of the essence in the performance of this Agreement. (21) Time for Commencement of Work• Time Extensions. DEVELOPER shall commence substantial construction of the improvements required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not exceeding a total of two (2) additional years The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to DEVELOPER's surety and shall not affect the validity of this Agreement or release the surery or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or a„n,r�,{��,;;,, not good cause has been shown to entitle DEVELOPER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which DEVELOPER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by DEVELOPER, shall constitute good cause for and e�ctension of the time for completion. As a condition of such extension, the City Engineer may require DEVELOPER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. !22) No Vesting of Riahts. Performance by DEVELOPER of this Agreement shalf not be construed to vest DEVELOPER's rights with respect to any change in any zoning or building !aw or ordinance. (23) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City of Patm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to DEVELOPER: '"f��6r l,,d► �u �� o aw .y�h, �� `�o�7 v►.l Notice to SURETY: p' • ��t� cT�� .� � ��}�� 7�� Sc�u 4�,�� q}-r�_d' f t�StA�'�'..x7 ' � � Su i��, 3�Uo a,�P�D,�p 7� a ra..ft�e, ('A �{28fc�' (24) Compliance With Laws. DEVELOPER, its agents, employees, contractors and subcontractors shalf 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) Ca tions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, canstruction or meaning of any provisions of this Agreement. (27) Litiaation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys'fees. (28) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (29) Entire Aqreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Ag�eement must be in writing and signed by the appropriate representatives of the parties. (30) Interaretation.This Agreement shall be interpreted in accordance with the laws of the State of California. (31) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. R\1PV0�'CD��`h-� IN WiTNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CtTY, by and through its Mayor. CITY OF PALM DES R7 DEVELOPER _ _ _ � By: DEVELOPER R (Proper Notarization of DEVELOPER's signature is required and shall be attached) ATTEST: • .. � �r.r..— CITY CIERK --� APPROVED S TO FORM: , ,`- CIT'�A T� EY � �v��{� � �� l U` gy� �,��.� �� ,� �9cd�f� R�trrn�cia<ti:�F �V t.St �j u �/i u STATE OF KENTUCKY ) ) SS: COUNTY OF JEFFERSON ) Before me, a Notary Public in and for the State and County aforesaid, appeared Mark A. Alexander, who is the Senior Vice President - Redevelopment, personally known to me, and on the � �_�day of August, 2010, executed the �foregoing and acknowledged the same to be lus act and deed on behalf of ARV Assisted Livin g,Inc. My commission expires: Octob r 17 2011 { � ��. �� P� . � � _. SrN{Wrl� Rob n A. Swartzwelder,Notary Pub"l�u Q:•'' '•.F� Sta e-at-Large,Kentucky :NpTAR Y:� . . • _....a.-- . �'j►.PV B L.�C:;� ��'•••...••'�•�� nT LAQ`G '�lon E�►�°1 Ciry of Palm Desert Stenderd Fortn Faithful Performance Bond Atria Hacienda/ARV Assisled Living,lnc. Lxhihit A xo��ia��t,��„�� i. � , Oe•�60 �� : i �'�� .s � :� ' �' � � � ��lii� , � � � � f► � , `�� ` � 'i ` � �� , t 1;1�� • � J� ��,a. ( . ,, � � �� z}r �� J� � � � � i Ii�� . � ' {&: .}� �..• � � � �� . . � � Y � , t . � ��,, �� t E r � � � S • , ' � � �� a� �� , � � , �� ' ' � � � t � � �:. � � �; . -. . - , - , �_ f- � , ��. • I � �� . /� 1 " � � � _ �� .. �� r� -� - .--.__�:- . . .. . . '� �., r � i ' � �� =_-�j��.� �,, ' , � ._ l; � . {� �_ � `� f � -- - ii��Ej��i�� ._. ; ��'7��ii�� i J o � I�(�� . � � � � �� A � s E�� \ � . � `�------ ___. ..,�._ �. � � . �. .� � } _� __ .,,m.. � __.��__ � _�_ � ��F Z—1 ( a.� _+�` t` -. ----t-- m � Lf �= 4 �; � � t � �� ; z ` ,�- —+ �; o � ° � � ��„' � z cn �<== m '� , o ,� � . � ; ,� � _ _� �r, � � � � � o`'�� ►n .'_•-•-,-- -- --��_ i-��:�• _ _ •--- --i_ Y ,�z�va::r' m o u�i, t� l� � �\� b ' i ; ? �=`—�r�>�t� \ m � a ��\ �� g� °� ' I \C r m Z � 5= ��,�\ m -=�--�- -- _ �� ,� a. i; .��' ��i �1 �1l) \J� -----�---=-. �� ' �,�c,�i 6. ' "� : ��' � �� `-V i � � t � ��f �a • �, �I �4 1 ��r i 3 x 0 r g s!��. !� � 1 S ��y, . 7; � I � 0 1 ti � � �` `;�A � �/ � � � 4 � ., ' � ii . ` f 4 `'� � � �>� � ;� �1� � �� - i j�� . � � � � ,• . �r S . ; � � o J ` >� �� , � � ��~ ��" � — ,� �? . , . , � . /MPROV�MfENT� , ��=�: �`�' - � -�{ �� -�� --- � �'i�a, s.��T �, --sf,:a!��'•':��,,..u-'as=.'v —.r. i.34't. rA:.�-. .P'.JtP�..:`.,::.iY� •'•:;r! �1 1'{R�� I .� 1;�3�+ '.� �`'� ''3 '.t::�Qs'�.'"'�L'I�ra� f 9'Colored Stemparete . :.: � ��':��,�.• 'SF 210 $13.00 $�,730.00 $"T��p��3G�-C-325Qj Gray�Cpior Oriveway SF 633 $11.50 6'Curb.Type 11 Per Cfty Standard Np.103 $�,279.50 LF 19 $28A0 $532.0{I Cross Gutter Type II Per City S#andard No.108 = Spandrel Only 8F 187 $11„�rp $2��a 50 Sawcut and Srnooth Joln Exfsting LF 85 $5,00 $325.(30 Aemovp�X(��AC Pavement sF �3 �4.50. $8,783.5Q emove ExiSiing Curb I.F 19 $8:00 • Ffemova A PorNon nf Existing PCC�pendrel SF f 87 $i��.� $5.7b $1,O�b:25 5ubtotel $18,0.�7.75 „ �. . z:r._. r=;::a -_ �. . t D°" . $2,7p6.8B ,.< _�_ . .. ��naY . , •• , -- . - . • �•` � r� �,. . Lg Q E' 'llfl� � �'�-��z3;=�t � =" a �,. � • . .:, `'�'s� -;� - r:}id�i _x+:3"w2L_._:�F'��.. ,'.�'�'Y.�. Aesumptio»s; � 7. Prioes reflect sma�i(ob pr�cing. - 2� TF►e abc�e Coscest�nete:does.not include raw land,legal tees,agen�pe�tnits,prflfessional engtnee�ing fees, constn�ction pt�asing,6onds,fina��ing/cerry�ng costs,eonsfructlon stakinc�,sulis fesdng,aCcnunting or construc�ion managamerrt. 3. MS�Consultk�g inc.makes no representatiort conoerning the eetimated quantlNes and cost rygurea other then that ali 84ah flgures ape estimates only and thie Engfneer ghall not be responsible for any fluctyalions In cost fac,tors or the actual.qtrandttes shuwn. • " ��0��I�,V . . - y¢ti� ��.�.�� J � � �� $��} � E'�o^•�d-il•�' �, '� �'1V1�- � . a�,�QF�uF�'�� P�1�e 2 of 2 NASSURETY GROUP NORTII AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL iNSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MGN HY TTI�S�PR�SENTS,Tl1AT North American Spccialty Insurance Compuny,a corporntion duly organized and existing under laws of the Seate of New ilampshire,and having its principsl of6ce in the City of Munchester,New FIampshire,and Washington International Insurance Company,a corporation organized and existing under the(aws of the 5tate of New 1lampshire and having its principal oRce in the City of Schaumburg,Illinois,each does hereby make,constilute and appoint: JOI-IN G.MALON�Y,II�LCN MALONGY,MAkK D.IATAROLA, MATTIIEW C.GAYNOR and DGBORAII b.DAVIS lO1NTLY OR SBVERALLY lts true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligntory in the nature of a bond on behal f of each of said Companies,as surety,on contracts of suretyship as are or may be requirod or permitted by law,regulation,contract ar atherwise,provided that no bond or vndertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attomey is granted and is signed by facsimile under and by lhe suthority of the following Resolutions adopted by the Boards of Directors of bolh North American Specielty Insurance Company and Washington lntemational insurance Company at meetings duly called and held on the 24°i of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secrelary be,and each or any oCthem hereby is authorized to execute a Power of Attomey qualifying the attomey named in the given Power of Attomey to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FUR'[`EiER RESOLVED,that the signature of such offictrs and the seal of the Company may be affixed to any such Power of Attomey or to eny certificate relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile s�gnatures or facsimile seal shall be binding upon the Company when so a�xed and in the future with regard to any bond,undenaking or contract of surety to which it is attached." .`��'ri�'k�°j'o a�3�r�P�ri�'G� l��i.,� ,,�p S.tONA(/�," dF' � �y rtT'`pRP�Rt;y'G S�� :n� S�e�ron P.Andersan,Prealdenl&CLkf EaecuUve Olticer of Wachla�fon laternttlonal Imennce Comp�ny ��• S^�`l4'.�� W i� 107$ �yt�` k Se.lar Vlee Predtleot of Nonh Amerino Speddry le�unace Coap�ay �? �+ o,��'��N�N11�'�� .-;4.� ' �� D�v{d M.LBiym�r,Senbr Vla Proldeo of Wohlag�oa Iskrne�{onN taeunsee Comp�ny � r &Vlee Pmldent of NoAb Amedcen Spalotty Imunsae Comp�oy n`1 WITNESS WHEREOF,North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto af�'ixed,and these presenu to be signed by their authorized o�cers this 13� day of MaY ,2p10 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this �3�day of MaY ,2p 10 ,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington lnternational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington Intemationat lnsurance Company and Vice President of North American Specialty lnsurance Company, personally known to me,who being by me duly swom,acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their resoecGve comnanies. "OtF[C7nL S8A[S (� f� DONNA D.SKi.E7�15 /��nA ft/ ��,,p NoWy Publk,Stare oi Illiaob MY�on F.�Pire�1Q�OGrlAi2 ��a D.Sklens,Notary Public 1, James A Carpenter the duly elected_ Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company,do hereby certify that the above and forPgoing is a true and correct copy of e Power of Attorney given by said North American Specialty Insurance Company and Washington Iaten�ztion�l Insurance Company,which is still in full force and effect. M WITNESS WHEREOF,I have set my hand and affixed the seaia cft��e Companies th�s3RD day of_JULY 20 10 �-�� ;n�na A.Cupemer,Vice Presidrnt&Acs��uni Settdiry of Wssh+ngton Insemauonnl 7ttzuronce Compmy& Nottb Amerian Speciahy Insunnce Compu�Y � .Coxnpany Profile Page 1 of 2 Company Pro�le NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 031 O 1-2524 Agent for Service of Process JERE KEPRIOS, C/O CT CORPOR.ATION SYSTEM 818 WEST SEVENTH STREET,2ND FLOOR LOS ANGELES, CA 90017 JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Unable to Locate the A�ent for SeF-vice of Process� Referenee Information NAIC#: 29874 NAIC Group#: 0131 California Company ID#: 3208-6 Date authorized in California: 3une 30, 1989 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: NEW HAMPSHIRE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines�f insurance. For an explanation of any of these terms,please refer to the Qlo.� ssarv. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLA.RY DISABILITY FIRE LIABILITY MARINE PLATE GLASS SPRINKLER SURETY �_.�._.,��--�-----.-__ ----�- • ------�----- -- ----�--�-�-----_ ,:�,_ .,., __� __ ' -- ----1' ----m-- r.�T_rnn� oieinnin ' t;ompany t'roiilc Yage 1 ot Z ,' a : � ,- � _ � r ,°�,�hi,� o..�.,. tOMPANY PROFILE Company Profile Company Search Company Informatfon Company Search Resul[s �. _""� . �i��;.� z�;� r� J ,.�., ;F_ �' ..': �_'�. �s� a: P.=�r�� :< Compa�y Information �- :�""�. ��P�� -., „��.; =i�' dk §!"'�'d� a ¢�.1��L- :;�.' _. Old Company � �� _ Names Agent for Service �� '"�'`� �� r� > ,.a, u �, __. Reference lnformation back to to: NA1C Group�ist lines of Business �� ' - Financial Statements PDf's ��. Annuet Statements �• Quarterly ' Statements back to top CA Suppfements Company Complaint ,b � � �_ - "r- a, : . _. Company Performance& Comparison Data ''''` • �_�.-��, � Company � Enforcement Action � � ` � � '?- �-' �.- � Composite r,;;. Complaints Studies � � � � �� '/' r�````c` Additional info � f; P -� ;: : ,�:, Find A Company Representative In � � ` � � Your qrea � V,ew Financial Disclaimer back to top �,r4'r' ..rt; aa�x __ .�, e,.. . �'�� . ., back to top . . ossa;y .. h ttp://i nteracti ve.web.i nsurance.ca.gov/con�panyprofi le/companyprofi le?event=companyPr... 8/18/2010 C.'ompany 1'rotilc Pagc 2 oF2 . back to top http://interactive.web,i�tsurance.ca.gov/companyprofile/companyprofiie?event=companyPr... 8/I S/2010 , � � � `� � � CITY �F PAL1�1 DESERT � � TREASURER'S RECEIPT FOR TRUST DEPOSIT DATE_ `�'t �2.��0 AMOUNT � w]� DEPOSITOR'S NAME � � REASON FOR DEPOSTT ` �,., , 1 RECENED BY l.. . ACCOUNT NUMBER(cirde one): 610-0000-228-XX_00 01 Deposit in Lieu of Bond 11 Landscape&Lighting 24 Art Essay Contest 02 Monumentation 13 Rent Review Commission 25 TUMF 03 Monterey 170 14 Candidates Deposit 34 Employee Donations �4 Grading Bond 15 Mitigation Fringe Lizard 39 PM10 Deposit OS Demolition Bond 16 Special Events 49 Athena Award 06 Faithfu] Performance Bond 17 Wine&Art Festival 5010 Community Walk 07 Misc. One-Time Deposit 21 Assessment Dist. Deposit 60 Planning Fee Deposit 08 Multi Species Mitigation 23 Median Const/Landscape IS THE DEPpSIT'REFUNDABLE? YES � NO CONDTI'IONS TO E MET BEFORE REFUNpING DEPOSII'? r AMOUNT REFLiIVDABLE DATE TO BE REFUNDED MAIL REFUND TO: " 02-7"7 - FINANCE DEPART'MgNT'USE ONLY ' — — ' — —' — DATE REFLTNDgp CHECK NO. AMOUNT NOTE:ATTACH TAPE SHOWING CALCIILATION OF INlEREST EARNED,IF,qNy, ;lner: L'A Date: 9/�8/1t� � kece::pt no: 327f 7ota1 tendered i�311.8@ Total pay�ent �2s77.80 WHT-PAYOR GRN-TRUSTACCT CAN-ACCOUNTING PINK-NUM.CpNTROL G.ROD-tSSUINGDEPT. ATRIA SENtOR LIVING-44600 MONTEREY AVENUE ` � � � �31��1tiN�1-WAIf --_. .W ___ __ �� __. _ w ��kl°Ai-INA-1NA�f � O � W 3 � � f1flAi-tiPE�kVENliE � O ��o� ATRIA SENIC�R LIVI&�G { � R.�r� £�� a��:��€a��a�=� �� 4.'�.�6'�s� � � � � � � � � � � � � � � Q `f. � 4 V O � 4� i�!-RO i9 ^'-..---.-_ ._,.~-��H-60RCsONiC?-1N�k'1( M � — �_a..___.� _._._.._ � � -- � � � � � � � �' � � � � anPr�:s2�o��osa.000000 � � � w House#:43500 � � G z �� 0 �� Legend . � -- Circulation Network Streets ��2�240 � � j_� City Houndary ❑ Palm Desert Parcels(7I20� �, '� �� Notes I i