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Home My WebLink AboutPP 07-10 - El Paseo Land Co. - Release Security CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE ROUGH GRADING SECURITY FOR EL PASEO VILLAGE (PP 07-10) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: EI Paseo Land Company, LLC 622 Davis Street, Suite 200 Evanstont IL 60201 DATE: October 14, 2010 CONTENTS: Trust Deposit Agreement Vicinity Map Recommendation By Minute Motion, release rough grading security for EI Paseo Village (PP 07-10). Backqround EI Paseo Village (PP 07-10) is located on EI Paseo between San Pablo and Lupine Lane. At the time of permit issuance, performance security in the total amount of $17,046.75 was posted with the City for rough grading. Rough grading is now complete. Staff has inspected the site and found it to be acceptable. Since the subject security is for rough grading, the normal one-year maintenance bond is not required. Staff Report Release Rough Grading Security for EI Paseo Village (PP 07-10) October 14, 2010 Page 2 of 2 Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Depart ad: � . , ,��. ,�� a��--��_ Christina Canales, Assistant Engineer Mark Gree wood, P.E., Director of Public Works CITY CQiTNCIL ACTInN Paul S. Gibson, Director of Finance APPROVFD ✓ �'•'�'�`��n RI?CEIVED (? 3 4�i�:i� .—___�..._---- MF,ETING UATE �� -�� ` � Ap val: AYF.S:.�'�� r�� Fe��c�n, a�ne,� _ p��c�� FinFr�v _ , NOES: ;��a ,� ABSENT: hlS��s AI3STAIN: �r��'� n M. Wohlmuth, City Manager VERIFIED BY: . Original on File with City Cler s Uftice ��-�k 4686 �-' ,�,� � CITY OF PALNi DESERT �,� TREASURER'S RECEIPT FOR TRUST DEPOSIT DATE I I��IO$ AMOUNT�I 7. O y a �7 S DEPOSITOR'S NAME �� ,� ,�� Q�,y � ��,.,�� LL C REASON FOR DEPOSTT � ° � - r P P 5 Vil! RECENED BY e� ACCOUNT NUMBER(circle one): 610-OOOQ-228-XX-00 O1 Deposit in Lieu of Bond 11 Landscape&Lighdng 24 Art Essay Contest 02 Monumentation 13 Rent Review Commission 25 TCTMF 03 Monterey 170 14 Candidates De osit Q Grading Bond 15 Mitigation Fringe Lizazd 39 PMpQ Dep�sii a�ons OS Demolition Bond 16 Specia1 Events 06 Faithful Performance Bond 17 49 Athena Award Wine&Art Festiva1 5010 Community Wa�k 07 Misc. One-Time Deposit 21 Assessment Dist.Deposit 60 Planning Fee Deposit 08 Multi Species Mitigation 23 Median Const/Landscape IS THE DEPOSIT REFUNDABLE? y� �,/ CONDTI'IONS TO B MET BEFORE REFUNDING DEPOSTT? NO � � AMOUNT REFUNDABLE D DATE TO BE REFUNDED MAIL REFUND TO: - �n 7 7 �Q V'1 S ��Yl�P�1�- - -- - - - - - - - �YZ�?S— Yooy_ 020 FINANCE DEPARTMEN'I'USE ONLY ' — — — ' — — — — DATE REFUNDED CHECK NO. NOTE:ATlACH TAPE SHOWING Ct1LCUJ�.qTION OF INIEREST EqRNED,IF ANY. Dper: t:R TYPes Ai. Drawer: 1 Date: il/83/89 8� Receipt no: 51A9 TD TklJST DEP0.�iIT 1 i17e46.75 frans nwHer; ,��3� pt Ct�CX 1929 f23846.75 frans date: 11/a3/d8 fi�e: ld:.i'2:38 WHT-PAYOR GRN-TRUSTACCT CAN ACCOUNTING PINK-,�U�1 COVTROL GROD ISSUINC DEPT . _.. , �. � � � � � � � � � � �� s '`y^� x '� 4x +l" I O FRED WARING DR[VE 73-5 PALM DESSRT,C�?��n 9az6o—z578 rBr.: �60 346-oC-ix=J':/t�'^ ,r' FAX: ]G O 3z��' 0 7 f} 1 1 � t tUd�It: � �l, -3 �' � inEo@palm-deserr.org / f'�-s;r J��tf ` r � � � . C I T Y f'" .,� �� _ ...�' .,,_,w..%' '�� r.;_��^ t J ��"+�liJ (ii;, 3 �'�_ �a;�; .;�. ;;�;.. November 3, 2009 Mr. Robert Per{mutter EI Paseo Land Company, L�C c/o Davis Street Land Company 622 Davis Stre�t, Suite 200 Evanston, Iliinois 60241 Dear Mr. Perlmutter: . - Subject: lmprovement Aqreemen# for EI Paseo Villaqe Located at 73-�425- E!- Paseo- (APNs 627-252-Q04, 005} - Gase Nos. PP 07-1U, CUP 07-18, and DA 07-03 Amendment#1 Enclosed for yo�r recards is a fully executed copy of the Improvernent Agreement. If you have any questions or require any additional infarmation, please do not hesitate to contact us. Sincerely, � RACHELL.E D. KLASSEN, CMC . CITY CLERK RDK:mgm Enclosure (as nated} cc/enc: Paul C. Anderson, Kennerly, Lamishaw & Rossi LLP David J. Erwin, City Attorney . Lauri Aylaian, Director of Community Development Finance Department G:ICiry(]ndGloria hlartineztLeners}fi9Ao2 PlanrunglDavls S�reet land Co.-EI Pase Land Go-tmpmmm Agmt-102309.dx at tlnNllOM�tC1<IIDTA1t11 5, iMPROVEMEN7 AGREEMENT DATE OF AGREEMENT: October 23, 20�9, NAME OF DEVELOPER: EI Paseo Land Cam�anv, L L.C. (referred ta as "DEVELOPER"). NAME OF DEVELOPMENT: EI Pasea Villaqe (referred to as"DEVEE�OPMENT"). DEVELOPMENT APPR�VAI.S: DA 07-a3, as amended; PP 07-10, as amended; CUP 07- 18; MND; ARC approval (referred to as"Appravais") 1MPROVEMENT PLANS NO.: C�5 � I 2-�� (referred to as"{mprovement Plans"). ESTIMATED TOTAL COST OF fMPROVEM�NTS:$198,836. SURETY: �� LETTER O� CREDlT/BOND NOS.: This Agreement is made and entered info by and between the Cify of Palm Deser#, a municipa! corpora#ion o# the Sfate of Cafifornia, hereinafter referred to as "CtTY", and the DEVEl.OPER. RECiTALS A. The above-referenced Approvals have been approved by City, subjec# #o certain requirements and conditians. ln parficular, the parties have entered inta a Qevelopment Agreer�ent (DA 07-03, as amended) which sets forth certain vested rights of DEV�LOPER ta pursue the DEVELOPMENT. Copies of the Approvals are on file in the �ffice of the Director of Community Development and are incorporated into this Agreement by reference. - 1 - RAIPUA\VCD17fA S1'rWDARD 1�11PROVRM�Ni'AGREF.rSEt�]T-EPV.t0.23.09 g. frt consideration of the Approvals for the DEVE�OPMENT, the Ciiy and DEV��OPER enter into #his Agreement, whereby DEVELC71'ER promises to install and complete, at DEVELOPER's own expense, all the public improv�ment wark required by CITY in cannection with the proposed DEVELOPMENT so long as DEVELOPER proceeds to construct the DEVELOPMENT. DEVELOPER has secured this Agreement by impravement security required by the City and approved by the City Attorney. . C, Complete lmprovement Pians for fhe canstruction, instaliatian, and compEetion of the public improvements {hereinafter sometimes referred to merely as fhe "improvements") t�ave been prepared �y DEVELOPER and approved by t�e City Engineer. A description of ihe improvements is - - - - -----attached i�ereto�and incorporated herein bythis�reference as Exhibit"A". The - improvement Plans numbered as referenced previously in fhis Agreement are on file +n the Office of the Cify Engineer and are incarporafed into this Agreemenf by this reference. All references in fhis Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. D. An estimate of fhe cost for cor►struction of the public improvements and perfiorming land development worlc in cannection wifh the improvaments according ta the lmprovement Pfans has been made and has been approved by the City Engineer. The estimafed amount is stated on Fage 1 ofi this Agreement. The bas9s for the estimate is on file in th� Office of the Cify -2- R1riPUB\VCD1760 $TANDARDlh1PA0VLA{Ei�fl'AGREEt�fEN]'�EPV.10.13.09 � Engineer and is attached hereto and incorparated into this agreement by reference as Exhibit"A". E. CITY has adapted standards for the constructian and instaliation of improvements within the CITY, Tl�e lmprovement Plans have been prepared in conformance wiEh CITY standards in effect on ihe date of fhe Approva{s. NOW, THEREF4FtE, in cansideration of tt�e appravai of fhe DEVELOPMENT, DEVEL�PER and CITY agree as fallows: . 1) DEVELOPER's Obfipation to Construct lmprovements. � DEVELOPER shalL• (a) Compiy wifh all the requirements of the Approvals, and any amendments thereto. {b) Complete at DEVELOPER's own expense, all the public improvement work shown on Exhibit"A" in conformance with approved lmprovement Pians - within one year from date DEVEI.OP�R commences constructfon of the DEVE�OPMENT. Should DEV�LOF'EF2 not commence constructlon of the DEVEROPMENT, then there is no obligation fo commence construction of the public improvemsnts. _ {c) Fumish the necessary materials for completion of the pubiic improvemenks in conformity wlth the (mprovement Ptans. � (d} Acquire, or pay the cost of acquisition by CITY, and dedicate�all righ#s� of-way, easements and other inferests in real praperty for construction and 'snstallation af the public improvements, free and clear of al! liens and encumbrances. The DEVELOPER's obligations with regard to acquisition by . -3 - R2,fPU6\VCD1760 STANDARD f�7PROVEE1ENtAGR�E6iF1V'f-LPV.10.23.09 CITY ofi off site righls-of-way, easements and oiher interests in real property shaH be subjecf to a separate agreement between DEVELOPER and C(TY. DEVELOPER shalf also be rasponsibie fiar obtaining any public or private sanitary sewer, domestic water, drainage, and/ar utiliry easements or authorizafion to accommodate the DEV�LOPM�NT. (e} If consfructlon of the DEVELOPM�NT is commenced, then commence construction of the improvements by the time esfablished in Secfion (20} of fhis Agreement and complete the improvements by the deadline stated in . Section (9)(b) above, unless a fime extension Is granted by the CITY as authorized in 5ecfian(20). 2) Acquisition arid Dedicafion of Easements or Ricthts-of-Way. If any of the publlc improvement and land use devefopm�nt work confempfated by this . _ Agreement is to be constructed or installed on land not owned by C1TY or DEVELOPER, no constructian or installation shal! be commenced before wri#ten na#ice by City to D�VELOPER of: (a) The offer of dedicafion to C1TY of appropriate rights-of-way, easements or ofher interests In rea! property, and appropriate authorizatian . fram the property owner to allow construcfion or instalfatian of the _ imgrovements or work, or (b) The dedication to, and accep�ance by, C1TY ofi appropriate rights-of- way, easemenfs or ofher interests in rea( property, as determined by fhe City Engineer, or -4- RAiPUB\VCD1760 STA1VDAkiD Ih1PR0VEi�lENT AGREEt��NI'-EPY.10.23.�9 (c) The issuance by a court of competent jurisdlction pursuant to the State Eminen# Domain Law of an order of passession. C1TY and DEVELOPER shail comply in al( respects with the order of possess9on. Nothing ln this Secfion (2) shall be construed as authorizing or granting an extension of time ta DEVELOPER. 3) Securit . DEVELOPER shal( at all fimes guarantee QEVELOPER's performance by furnisf�ing to CITY, and maintaining, gaod and sufficient security as required on forms approved by CITY for the purposes and in the amounts as follows: (a) #o assure faithful performance of this Agreement In regard to said improvements ln an amoun# of �OQ% of the estimated cost of the improvements; and _. _ ._ _ _ __ _ _ _ _ _ _ _ (b) to secure payment to any contractor, subcontractor, persons renfing equipment, or furnishing labor and materials for the improvements requlred to be constructed and installed pursuant to this Agreement in the additional � amounf of SO% af fhe�sfimated cost of the improvements; and The securities requlred by this Agreernent sha(I be kept on file with the City Clerk. The terms of the secur_ity documents referenced on page 1 of this Agreement are incarporated into this Agreement by this refiere�ce. If any � security is reptaced by another approved security, the replacement shall: 1} comply wifh al( the requirements for securify in thls Agreement; 2) be provided to the City Engineer and CEty Attorney to be fifed wlth the Clty Cferk and, upon fi(fng, 3) shall be deemed ta have been made a part of and -5 - - RhtPUf3\VCQ1760 STANDAI2D AfYROVLt,iLNT AGREEt,1LTlT-EPV,{0.23.09 incorporated into this Agreement. Upon provision of a replacement security with fhe City Engineer and filing of a rep(acemen# security with the City Clerk and City Attorney, fhe#ormer se�urity shall be released to DEVELOP�R. 4) Alterations to improvemenf Plans. (a} Any changes, alteratEans or additions to fhe fmprovement Plans not exceeding ten percent (10%} of the original estimated cost of the improvements, wt�ich are mutuaily agreed upon by CITY and D�VELOPER, shail nnt relieve the improvement security given for faifhful performance of this Agreement. In the event such changes, alterations, or additions exceed 1fl% of the original estimated cast of the improvement, DEVELOPER shall provide improvement securify for faithful performance as required by Section (3) af this Agreement for ane hundred percent (100%) of the total estimated - -— — — --— ---- � cost of the impravements as-changed;�altered;-or amen�ed, minus any cflmpleted partial releases allowed by Section (6)of this Agreement. . {b) The DEVE�.OP�R shaU construcf the improvements in accordance - with CITY standards in effec#at the time of adoption of the Approvals. 5} Inspection. DEVELOPER shali at all times malntain 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, DEVEIOPER may request a final inspection by the City Engineer, or fhe City Engineer's at�tharized represenfative. If the City Engir�eer, ar the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shatl certify �#he completion of the pubfic .�_ n��evt3�vcn�76o STANPARD A9PROVEhfENTAGREHhiENT-�PV.IQ.23.09 improvements as part of t�e issuance of the fina( cerEificate of occupancy (the Gfinal acceptance� of the improvements). No improvements shall be finally accepted unfess a(I aspects of the work nave been inspected and completed in accordance wifh the Improvement Pians. When applicable law requires an inspec#ion to be made by City at a par#icutar stage of the work of constructing and installing such improvements, CITY shall be given timely notice o# DEVELOPER's readiness for such inspection and DEVELOPER shalf not proceed with additional work until the inspection has been made and the work approved. DEVEL.OPER shaA bear al! casts of inspection and certitication. 6) Release of Secur9ties. The securities required by t�is Agreement shalf be released as following: {a) Security given for faifhful performance of any acf, obligat�on, work or _ __ ___ —�_ agreement shall be released upon the final completion and acceptance of the • act or work, subject to#he pro�isions of subsectlon (b)hereof. (b) The Cily Engineer may release a portion of the security given for faiEhful perFormance of improvement work as the improvement progresses upon applicatian thereof by the DEV�L�PER; provided, however, that no such release shail be for an amount less than twenty-f+ve percent (25%) of � the tata{ improvement security given for faithful performance of the � improvement work and that the security shall not be redt�ced ta an amount }ess #han fifty percent (50%} of the total improvement security given for faithful perFarmance untll fir�a! completion and acceptance of fhe improvement woric. In na even# shall fhe City Eng(neer authorize a release of the , improvement security w�ich wouid reduce such sec�rity to an amount below -'1- en�eustvco��o STANDARD(t�1PROVEb1E�NF AGRE6M8NT-EPV.10.23.09 fhat requir�d to guarantee the completion of the improvement work and any other abligation �mposed by#his Agreement. (c) If there are no {iens time{y reeordeti, then security given to secure payment to the contractor, his or her subcontractors, and to persons #urnishing la�or, materials and equipment shall be reieased at two (2) manths after compleiion and final acceptance of the improvements. If liens have been f�mely recorded, for which CITY and DEVELOPER have reeeived written notice, security given to secure payment to the contractor, f�is ar her subcontracfors and to persons furnishing labor, materials or equipment sha[l, : at two(2) months after campletion and acceptar�ce of the work, be reduced to an amount equa) to no less tt�an 925% of the tota(claimed by all claimants for whom fiens h�ave been recorded and of which written notice has been given to the CITY and DEVELOPER, plus an arnount reasonabiy determined by the _ _ __ _ _ _.. __. _ __ _ _ .. __ _ , _ - C1Ey Engineer to be �required to assure fhe performance of any ofher obiiga#ions secured by the Securiiy. The balance af the security shall be released upon the settlement of all claims and abligations for which the security was given. � (d} CITY may retaln from any security released, ar� amount sufficient to cover costs and reasonable expenses and fees, (ncluding reasonable _ attorneys'fees necessary to resolve the lien claims. (e) tn the event construction of the DEVELOPMENT has not commenced, at DEVELOP�R's request, fhe securities required by this Agreement shalf be released. � � - 8 - RI�iPUB1VCD\7G0 STANOARD Ll1PR4VEAIEY['AGREEh1ENT-LPV.10.23.09 7) In]ury to Public Imarovements Pubfic Property or Public Utilit(es� Facilities. DEVELOPER shall repface or repair or have replaced ar repaired, as the case may be, all public improv�ments, public utilities facilities and surveying or subdivision monumen#s which are destroyad or damagad as a result of any work under fhis Agreernent. DEVELOP�R shall bear the entire cost of replacement or repairs of any and all pub![c or public utility property damaged ar desiroyed by reason of any work done under fhis Agreement, whether such praperty is owned by the United States or any agency thereof, or the State of California, or any agency ar political su�division thereof, flr by CITY or any public or private utility corporation or �__. --- • by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approvaf, ofi the City Engineer. 8) Permits. Subject to tF�e terms of the Develapment Agreement, DEVEL�PER __ shail, at DEVELOPER's expense, abtain al1 necessary permits and licenses for the conskruction and Instaflatlon of f1�e improvements, give aIi necessary notices and pay all fees and taxes required by law. - 9) Default of DEVELOpER. {a) Defauit of DEVE�.OPER shall include, but not be limited to, _ {1) DEVELOPER's failure to timely commence construction of the irnprovements, if required under this Agreement; � (2) DEVELOPER's failure to ,timely complete consriuction of the . improvements,ifrequired un.de�•this Agreement; (3) D�VELOPER's failure to fimely cure any defect in fhe improvements; -9- • �eua�vca+�so STANPA2tD L�IPROYPMeN1'AQREHAfENr-EPV.10.23.09 (4) DEVELOPER's insolvency, appointment of a receiver, or the fiiing of any petition in bankruptcy either valuntary or involuntary which DEVELQPER faiis fo discharge witi�in thirty(30)days; (5) the commeneement of a foreclosure actlon agalnst the DEVEL�PMENT or a portion fhereof, or any conveyance in lieu or !n avoidance of foreclosure;or (6) �EVELOPER's failure to perform any other ob)igation under this Agreement. . (b) Provided notice and an opportunity to cure have been provided . DEVELOPER as set forth in 9(c) beiow, CITY reserves to itself all remedies available #o it at Eaw or �n equity for breach of DEVELOPER's obligations under this Agreement. C�TY shall have the righf, subject to this Section, ta draw upon ar utilize the appropriafe security to mitigate CITY's damages in ____ ___ ._ __------. _. ___ - - --- - -- _ __------- event of default by DEVEL4PER, The right of CITY to draw upon or ufilize the security is addi#ional to and not in lieu of any other remedy avallable ta CITY. It is specifically recognized that fhe estimated costs and security amounts may not refiect the actuaE casf of construction or installation of the impravements and, theref4re, CITY's damages for DEVEL.�PER`s default shaH be measured by fhe cost of completing the required improvem�nts. The sums provided by the improvement security shall be used by CITY for #he . completion of the pubfic improvements in accordance wifh the Emprovement plans and specifications contained herein. (c) 1n the event of DEVELOPER's default under this Agreement, D�VELOPER aufhorizes CITY to perForm such obligation twenty (20} days after mailing writtan notice of default to DEVELOPER and to DEVEL4PER's - 10 - RtdPUB1VCD1760 ST,1NDpRD]RlPROVEASENT AOREEA7ENT-EPV.10.23.09 surety, uniess QEVELOPER has commenced cure of suc� defauit within such . twenty (20) day period subjec# to unavoidable delays, and agrees fo pay ihe entire cost af such perfarmance by CiTY. CiTY may take over the work and prosecute the same to compfetion, by contract or by any oiher method C1TY may reasonabfy deem advisable, for the accounf and at the expense of DEVELOPER, and DEV�LOPER's surety shall be liable to CITY far any excess cost or darnages occasioned CITY thereby. ln such event, CiTY, _ __ ___. ___ ___ ___ _____. withoUf liability for so doing, may take possession of, and utilize in completmg the work, such materials, appliances, plants and other property belonging tv �_.. .�____ .____�.. __..,_ ___.___ __ _...__ � . _---._ . . _. _._ _ _ _ ._ � DEVELOPER as may be an the site of fhe work and necessary for performance of the work. (e) fn the event that DEVELOPER fails to perfvrm any obligatian hereunder, DEV�LOPER agrees to pay all reasonable costs and expenses .__ _ ___�_ __. _ _ incurred by CfTY in securing performance of such obEigations� including but not llmited to fees and charges of archltects, engineers, attorneys, other �rofessionals, and court costs, _____.___ __ __.__.—_ _._. ___ .. _ __._ _._. ____. . {f) The faifure of CITY ta take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiyer of that default ar breach or any subsequeni,default or breach ofi DEVEI,OPER. ��p� DEVEL�PER Not Aaent of C1TY. Neither DEVELOPER nor any of DEVELOPER's ag�nts, contractors or subcontractors are or shall be considered to be agents af CITY in connection wifh t�e performance of DEVE�O!'ER'S obVigations . under this Agreemenf. - 11 - RAIPU8NCD17G0 g7'ANDARD lA1PROVEr1BNTAGREGAtBN'C-6PV�IO.Z3.Q9 (1'1} ln u to Work. Until such time as the improvements are accepted by C17Y, DEVEL4PER shall be responsEble for and bear the risk of loss to any of the improvements constructed or installed. Until such time as a!I improvemenis required by this Agreement are fuiiy completed and accepted by CITY, DEVELOPER will be respons9bie for tk�e care, maintenance of, and any dama9e to such improvements. ._CI_TY shall not,_nor shali any o�cer or empioyee thereof, be fiable or responsibie for any accident, loss or damage, regardless of cause, hap�ening or occurring to the wark or lmprovements specifled in fhis Agreement prior to the completion and accepiance of the work or improvements. Alt such �isks shall be the responslbility of and are hereby assumed by DEVELOPER. ��2� �nvironmental Warrant . Prior ta the acceptance of any dedica�ions . or impravements by C{TY, DEVELOPER shall cer#ify and v+►arrant that neither the --------------- __ _ __ _ .__----- __ . property ta be dedicated nor DEVEL�PER is in violafion of any env'+ronmen#a( law and neither the property to be dedicated nor the DEVE�OPER is subject to any existing, pending or threatened invesfigation by any federal, s#ate or local governme�tal authority under or in connection with environmenkal law. Neither DEVELOP�R nor any third party wiH use, generate, manufacture, produce, ar release, on, under, or about fhe praperty ta be dedicated, any hazardous substance except in compiiance with ail applicable environmental laws. DEVEL.OPER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on #he property to be dedicaied or the migratl�n of any hazardous substance from or to any ofher property adjacent to, or in the vicinity of, fhe praperty ta be dedicated. DEVEL4PER's prior and present tsse af #he property io be dedicated has not resulted in the refease of any hazardous _ l2- R1ifU8\VCD\960 • SiANAARD 1btPROVEAIEN C AGREEhSENT—EPV.10.23.09 substance�on fhe property to E�e dedtcated. DEVELOPER shall give prompt written � notice to CITY at the address set forth herein af: (a) Any proceeding or investigatlon by any federaf, state or Iocal gavernmenfal aufhority with respecf to the presence of any hazardous substance on the property to be dedicated or#he migration thereof from or ta any other praperty adjacent to, or in the vicinity of, #he property to be dedica#ed; . __ _ . _ (b) Any claims made or threatened by any third party against CITY ar the property to be dedicated relating to any loss or injury resulting from any � hazardous substance; and, {c) DEVELOPER's discovery of any occurrence or condition an any � . property adjoining in the vicinity of the properfy to be dedicated that cauid. cause the property ta be dedicated or any part thereof to be subJect to any restrictions on its ownership, occupancy, use far ti�e purpase for wtiich is it is intended, transferabiliEy or suit under any environmen#al taw. �13) Ofher Aureements. Nothing contalned in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrentfy ar - previously exeouted between the parties, or from entering into agreements with ather deveiopers for the apportionment af costs of water and sewer mains, or other improvements; pursuant to the provlsions of the C1TY ordinances providing . fherefore, nor shalf anything in this Agreement commit CiTY to any such apportionment. _ i3 _ rc�irtre�vco��6o STATiDA�tD IAiPROVC�fONi'AO[LEEMCNT-GPV.l0.T3.Q9 (14) DEVELOPER'S Obliaation to Warn Pub{ic Durinc�Construcfion. Until for►nal final acceptance of the improvements, DEVELOF'ER shatl give good and adequate warning fo the public af each and every dangerous condition existent in said improvements, and wif! take a11 reasonable actions to protect the pubfic from such dangerous condition. (�5) Vestin of Ownershi . Upon formal final accepfance of the work by CITY, ownership of the improvements constructed pursuant to this Agreement sha11 vest in CITY. (�g) lndemnitvlHold Harm[ess. C1TY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acfs or omissions of DEVEL�PER, ifs agents, or employees, contra�tars and __ _ _ --- -- ------ __ . . subcontractors in ti�e perFormar�ce of this Agreement. �EVEI.OPER #urt er agrees to protect, defend, indemnify and hald harmless CtTY, its officials, boards and commissions, a�d members thereof, agents and employees from any and all clalms, demands, causes of action, liability ar loss of any sort, because of, or arising out of, acts ar omissians of DEVEL4PER, its agents, employees, contractors and subcon#ractors in the performance of this Agreement, except for suc� claims, demands, causes of action, liability, or loss arising out of the active negligence or willful misconduct of the CfTY, its officials, boards, commissions, the members thereof, agents, and employees, including all efaims, demands, causes of action, � liabll(ty, or loss because of, or arising ouk o#, irt whole or in part, ihe design or construction of the impravements. Thls indemnification and agreement tv hold harmless shall extend to in)uries to persons and damages ar taking of property � - 14- RMPUBIVCD1760 STANDARD lA1PROVERf ENT AGRES�SflNT-EPY.10.23.09 resulfing from the clesign or construction of the public Im�rovements as prov'sded herein, and in addition, fo adjacent property owners as a consequence af the diversior� of waters from the design and construction of pubiia drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assum�tlon by C1TY of any responsibility for any damage or --taking-cQvered--by�-this-Section.�-CITY shall__not_be_responsible for the design ar construc#lon of the property to be dedieated or fhe improvements pursuan# to the appraved improvement pEans or map, regardisss of any negligent action or inaction taken by CITY in approving the plans ar map, unless the particular improvement • design was specifically requlred by CITY over written objection by DEVEL.OPER � submitted to the City Engineer before approval of the particuiar improvement design, which objection indicated f�at the particular improvement dessgn was dangerous or de�fective and suggested an alternative safe and feasible design. _ _. _ _�_ � After acoeptance af the improvements, ihe DEVELOP�R shalf remain � abligated to eliminate any defect in design ar dangerous condEtion caused by#he design ar construction defect; however, DEVELOPER shall not be responsible for routlne maintenance. Provisions of fhis Section shafl remain in fuli force and effect for fen t90) years following the accepfance by CITY of#he improvements. It is the intent of this Section �hat DEVELOPER shall be responsib{e for all liability for design and constructlon o# the � improvements installed or work done pursuant to fhis Agreement and that CITY shail not be liabie for any negligance, nonfeasance, misfeasance or malfeasance in approvirtg, reviewing,.checking, or inspecting any work or constructlon. The tmprovement security shalf no# be requ(red ta cover the provistons of#his Section. - l.5 - RMPUB1VCD1760 S7'p1VDARp IAfPROVEAtENTAOREEi�lEYC-$PV.10.23.09 DEVELOPER shal{ reimburse CITY fot- all reasonabie, actual costs and expenses (including but not firnited to fees and charges of architects, engineers, attorneys, and ofher professianafs, and court costs)incurred by C1TY in enfo�cing the provisions of#his Sectian. (�7) Personal Nature of DEVELOP�R`S C)E�liqations. Allof DEVELOPER's obligafions under this agreement are and sha{I remain the personal obligatfons of DEVELOPER notwithstand9ng a transfer of ail or any part of the property within the DEVELOPMENT subJect to th�s Agreement, and D�VELOPER shall not be entitled to assign 1ts ob�igations under this Agreement to any transferee of all or any part of the property within the DEVELOPM�NT or to any other th[rd par�y without the express wriiten consent o#CiTY. {18) Sale or Dispasi#ion of DEVELOPMENT. DEVELOPER or any � successor owners of the DEVELOPMENT may request a novattan of this Agreement . attd a substitution of security. Upon approval of the novaEion and substifution of securifles, the DEVELOPER shall be released of all obligations hereunder, existing _ _. ._ ____ _ .. __ _ . __ _ _ ._ ____ now ar in the future and the securities required by this Agr�ement shall be released. Nothing in ths novation shall relieve the DEVEi.OPER of the obtigations under Sectian (16) regarding claims for the wark or impravement done by DEVELOPER _ prior to such novatlon. - (19) Time of the Essence. Time is of the essence In the �erformance of this Agreement. - 16 - te�srva�vcD»eo STANUARA IhiPROVEhSBNTAGREE�lEN'C-EPV.l0.Z3�04 (20) Time for Commencement of Work• Time Extensians, There is no obligation to commence construction of the improvements shouid Developer, in its sole discretian, decide not to commer�ce construction of the DEV�LOPMENT. If construction of the DEV�LOPMENT is commenced, DEVEL�PER sha�i commence 1 conskruction of the improvements required by this Agreement not lafer than six (6) months after the date.af fhis Agreement, fn the event good cause exists as de#ermined by the City Engineer, the fime for commencement of constructian or completion of the impravements hereunder may be exfended far a period or periods not exceeding a#otal of two (2) addifional years. The extenslon shall be executed in � wriEing by the Ci#y Engineer. Any such extenslon may be granted without notice to DEVEL.OPER's surety and shall nat affect the valfdity of this Agreement or release the surety or suretias nn any security given for this Agreement. �he City Engineer shall be fhe sole judge as to whether or nat good cause has been shown to entitle DEVELOPER to an ex#ension, subject to appeaE by DEVELOPER to the City � Manager. Deiay, other than defay in the commencerr�ent of work, resulting from an act of CITY, act of o#her governmentai entify, act of God, or by storm or inclement weat€�er, strikes, boycofts or slm'slar political actlons, materials or equipment shortages, and economic conditions which affect financfng which prevents the conductfng of work, which D�VELOPER could not �ave reasonably foreseen ancl, furthermore, were nof caused by or contribuEed to by DEVELOPER, shall can$titute goad cause for and extension of the time for completion. As a condifion of such extension, the Cify Engineer may require �EVELOPER to furnish new security guaranteeing pertormance of this Agreement as extended in an increased amount as necessary to compensafe for any increase in construcfion costs as determined by the City Engineer. - 17 - R.11PQB1VCD4760 STAN bARU AfPRQVFJIBNT AQREEt�1GNT-@PV.10.23,04 (21y Notices. All notices require� or provided for under this Agreemenf shall be in writing and depvered in person or senf by mail, postage prepaid and addressed as provlded in this Section. Notice shall be effecfive on the date it is delivered in person, or, i� mailed, on the date of deposit in the United States mail. Notices shall be addressed as folEows un[ess a written change of address is filed with the City: Notice to C1TY: City of Patm Desert 73-590 Fred Waring Drive Pa(m Desert, California 92260 Attn: Public Warks Director Natice ta DEVEL4PER: c/o Davis Sfree#Land Company 622 Davis Street Evanstan, (L G020� Affn: Robert Perimutter Notfce ta SURETY: {22} Compliance With Laws. DEVELOPER, its agents, employees, contractars and subcantractors shall comply with a![ federal, slate and iocal faws in the performance of ihe impravements and land development work requlred by this Agreement. (23} Severab9litv. The provisions of t�is Agreement are severable. lf any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shalf remain ln fu€I force and effect unless amended or modified hy the mutual consant of the parties. - 18 - RRfPU91VCDVbO STAi`lDARD IMPROVHhtENi'AQREEI�fENT-PPV.lD,23.D9 (24) Captions. The captions of this Agreement are for convenlence and reference only and shall not define, explain, modify, fimft, exemplify, or aid in the interpretation, construction or meaning of any provisions af this Agreement. (25) Litiqation or Arbitration. !n the event#Y�at suit or arbitration is brought to enforce ti�e terms Qf thls Agreement, fhe prevaifing party shall be entitled to litigation costs ancf reasanable attorneys'fees. (26) Incorporation of Recitals. The recitals fo this Agreement are hereby incorporafed inta In#he terms of this Agreament. (27} EniEre Aqreement. This Agreement constitutes the entire agreement of the parties with respect fo the subjeci matter, AI! madificafions, amendments, or _ ___ ---- __-------- ____.__.---- — __�__ . __ --_ . _ waivers of ths terms of this Agreement must be in writing and signed by fhe appropriate representatives of the parties. __ _ . ___. _ . (28) Inferpretation.This Agreement shafl be interpreted 'm accordance with the laws of the Stafe of CaEifornia. - I9- RAfPUB1VCD1760 STANDARD It,SPA0VBM8N1'AQREEt�fHT1T-�PV.10.23,09 {29) Jurisdicfion. Jurisdiction of ali disputes over the terms of this Agreement shall be in the Couniy of Riverside, State of California. 1N WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CI7Y, by and through i#s Mayor. EI Paseo Land Company, LLC C1TY OF PALM DESERT A Delaware limifed liabifity company DEVELOPER �%�� Q By: /rd .Q,c��/U . D�V�LOPER � MAYUR (Proper Notarization ot' DEVELOPER's signature is • required and shall be attached) ATT�ST: _ _ C Cl�ERK �'r--- AP!'ROVE �►S TO FORM: �. r .�. - CI ATT NEY -20- fUtPUB4VCD1�60 STANDARD TAfPROV�rtENT AGREE�fENT.-FspV.l0.73.Q9 STATE OF ItLINOIS ) )ss. COUNTY OF COOK ) I, Kimberly A. Martin, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Robert Perlmutter, persona{iy known to me to be the same person whose name is subscribed to the foregaing instrument, appeared before me this day in person and acknowledged that he signed anci deliverecE the said instrument pursuant to the authority given to him by said company, as his free and voluntary act and as the free and voluntary act and deed of said company, for the uses and purposes therein set forth. _ _. _ GIVEN under my hand and Notarial Seal,this 23'd day af October, 2009. w..rrw \ � � O�F{CIAL SEAL KIMBERLY A MARTIN NpTARY PUBLIC-STATE OF]LLINOIS K erly A. Mar in i4fY COMMISSION EXPIRES:02116112 . . EXHIBTT ��A'� � EI Paseo VIllage Engineer's Esfirnate r Street Improvements #tern Descri�fion Quanti Unit Cost Total Cost Full Depth A.C.Pavement 2,067 If 3.50 $ 7,234.5Q 6"Curb&Gutter(see Pafm Desert Std. No. 102) 490 I€ 25.00 $ 12,250.D0 8"Curb&Gutter{see Palm Desert Std. No.102) 425 If 25.00 $ 90,625.00 6"Curb{ses palm Desert Std.No.103) 12U if 20.p0 $ 2,400.00 Concrete Paver Sldewalk(see Street imp. Plans Sht.3} 5,600 sf 1'I.00 $ 72,60Q.00 Concrete Sidewalk tsee Palm Desert Std.No. 104) 230 If 6.50 $ 9,495.00 ADA Curb Ramp(see Street Imp.Ptans Sh#.3) 6 ea 3000.00 $ 18,Ofl0,00 � ConcreteValleyGutter 9951f 25,00 $ 2,875.Oa Driveway Appraach(APWA Sfd.Pfan 130-'I) 800 sf 15.00 $ 12,OOQ.00 Removal of Ex(sting Curb,Gutter,Sidewalk,and Pavement 91S if 3.25 $ 2,973.75 Removal of Existing Concrete Ftamp 125 sf 1,00 $ 925.00 Remave Landscape&frrlgation 310 sf 1.00 $ 39U.00 Remove Tree&Root Baii 16 ea 2�O.OU $ 3,2QQ.00 4"X 14"Under S[dewalk Drafn 85 I# 100.00 $ 6,50Q.OQ l.andscape#nstallation 1,7'f8 Ef 5,00 $ 8,59d.00 $ 161,979.00 Cantingency 20% $ 32,236.00 Total � $ 193,416AU Gr_ adina Cut 2621 cy $5.00 $ 12,605.00 Fill 1513 cy �6.00 $ 9,078.Op -- - Subtotal _ $ 21,683.00 X 25% 'Total $ 5,420.75 Street Improvements $ 993,495.00 Grading $ b,420.75 Faithful Performan�e Bond Tota) $ 998,836.00 �`*Calculatlons are rounded to lhe nearast do{!ar amounf EL PASE� VI�LAGE (PP 07-10) �� ° � - - -_ T __ �. _ r ,.,..._w.�..._ ...._ ....__ ...._... .7.._.._ ... . a .e- .... .. . _.........m _.__..... . ..._..'__._ _......._._._." V � �� W ' ; I � Q�� .. . . I�l .. �~ .;' . � n� � . '�. � '. ..... .. ....... r ' I � � � � . � � ..: i . ,. � ..... . . ... . � ... �; § ... .... ...... ..... . ... ..... . ..... .. ... ..... ...... . . ..... . ..� .. .___.. _. ... __.._ —EL--PASEO.m.� ......_.�mm.�e� .�.,.� . ._. ...__:�._._ �_� . ,�.,.� EL-�PA�EO--- � �� ' � F � W y� k � , E � � � , Y � , a p � �� 9� � �C� �'��EC� �'I�,�A��_ �i � � I _.�. _.__ _.,.,�.�. m _ _..... _. .�..m.--�SHfkDOW�1MOliN��kiN-iiR1VE —�w.�..__: _ _ ._m _ __ ....ad�, _ . _ � �� .�.�,_�iOSHiiA—��REES�•RE�ET. _ _ .. ._____ �.�.,.� _me__,_ . �4�, 'A,Ao' ` , �rs� � _ � � � , � ` { ' m I . ' !_.� ___ �_ � ___ _ .. _ � .� .. _ , e ..... �.. _ _.._� .� ___ . _ _ � __ . �. .. �.. .__�........� __ ____ _____._.._� � ....___ __ —._. � __ _ __ � Legend - Circu�ation Network Streets 1:2 476 O L� City Boundary Palm Desert Parcels(7/20� " -- -- __ ___-- Notes � ;. _ _ _ _ . __ . � � a; S �..�.�... ._._��.�__. .w ....�______�.�..._ ..__�.,.,�