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Home My WebLink AboutRelease Scrty - PP 07-10 (El Paseo Land Co. LLC) � �_,. CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE PRECISE 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 Evanston, IL 60201 DATE: October 28, 2010 CONTENTS: Trust Deposit Agreement Vicinity Map Recommendation By Minute Motion, release precise 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 $281,207 was posted with the City for precise grading and street improvements. Precise grading and street improvements are now complete. Staff has inspected the site and found it to be acceptable. The normal one-year maintenance deposit has been submitted in the amount of 10 percent of the Faithful Performance amount. Staff Report Release Precise Grading Security for EI Paseo Village (PP 07-10) October 28, 2010 Page 2 of 2 Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Depart t e d: ��, � � �� '1 C� �G��',( � Christina Canales, Assistant Engineer Mark Green ood, P.E., Director of Public Works CITY COUNCIL ACTiON APYROVED '� �✓ I)T?�l�B) Paul S. Gibson, Director of Finance RECEIVED c)'�'��:�z _.____._____ _.—__--._ MEFTING DATE �(�` �ar"�-ul(� - --.. __..---___.__ Approval: AYFS: �� n � ��. • � �__-- NUES:-Ny�ne- _.._.__.. - ' � A13STNT: -�1cn'E-- __.__v.___ ._-- Al3STAIN: �� ._____ __ _.__ Jo . Wohlmuth, Cit nager VF,R[FIED (3Y: �K -�C� ._.�__.._...__... Original on File with City Clcrk s E3i'ticc *Removed for separate consideration - then APPROVED 100� release of the Improvement Security for E1 Paseo Village (Case No. PP 07-10) . 5-0 q x� :dc ��TM�/"� `�+�� Mm.�� : c . . s � CIT`� OF PAL]!t�[ DESERT � TREASURER'S RECEIPT FC?R TRUST I3E�'OSIT / /� d r� DATE_( D! ZC�1 D� AMOUNT � D � Z !o DEPOSTTQR'S NAME ��`�"� L,[I,/'7c� [� t/: !�-�C REASON FOR DEPOSIT C37— () �^ f n � ��'�� i��_� ��.�,� � I � �. Ir� �.� 735 ---�-�-��.� ��---�--�- RECEIVED BY C�L��{'1l.(_Y� .!J ACCOUNT NUMBER(circle ane): 61U-�U-728-XX-QO O1 Deposit in Lieu of Bond 11 Landscape&Lighting 24 Art Essay Contest 02 Monumentadon 13 Rent Review Commission 25 TUMF 03 Monterey 170 14 Candidates Deposit 34 EmpIoyee Donations 04 Grading Bond 1S Mitigation Fringe Lizazd 39 PM10 Deposit OS Demolition Bond 16 Special Events 49 Athena Awazd Faithful Performance Bond 17 Wine&Art Festival 5010 Community Waik 7 Misc. One-Time Deposit 21 Assessment Dist.Deposit 60 Planning Fee Deposit 08 Multi Species Mitigation 23 Median Const/Landscape IS THE DEPOSTI'REFUNDABLE? YES__ ✓ NO C NDITIONS TO BE MET BEFORE REFUNDING DEPOSIT? �Pt.ihi iC_ (,��c'�r� AMOUNT REFUNDABLE DATE TO BE REFUNDED ' MAIL REFUNDTO: E ,�, ' ' L�. ° �' � - - - - - - - - -�5..7- `'�.�..5= t�C'J�_ _... FIIVANCE DEPARTMENT USE ONLY � — — "� — DATE REFUNDED CHECK NO. AMpUNT NOTE:ATTACH TAPE SHOWING CALCLIZATTON OFINTEREST EARNED,IFANY. �,, WHT-PAYOR GRN-TRUSTACCT CAN pCCOUNTlNG P1NK NUM.CONTROL GROD-fSSUiNGDEPT . -,. ' � � �, I .,��- - � � � � � � � � � � � � � � � � + T '� - 73—SIO FRED WARING DRIVE PALM DESERT,C}�.-r��n��zz6o_257g TB�: 760 34b—o�z r=J,/,�'r� Fax: 760 3 ''d u •`'� • �U�ic��fE 7 �.�( 1 � j inEo@palm-desert.org �-7 � �:;�� lir` J �� / p'� v r ` s- , � t. `�� i , ��r�'("' t .,, ,,',._.--, " �'.��;�'jiS�%,,�'�:" ��i �.�(f i;'-i�;'�f� November 3, 2009 Mr. Robert Perimutter E( Paseo Land Company, LLC c/o Davis Stree# Land Company 622 Davis Street, Suite 200 Evanston, lllinois 60201 Dear Mr. Perlmutter: . - Subject: lmprovement Aqreement for EI Paseo Villaae Located a� 73-425 Ei . Paseo- APNs 627-252-004 -��045 — Gase Nos. PP 07-10 CUP 07-18 and DA 07-U3 Amendment#1 Enclosed for your records is a fully executed copy of the Improvement Agreement. If you have any questions or require any additional information, piease do not hesitate to con#act us. Sincerely, � RACHELLE D. KLASSEN, CMC - , CITY CLERK � RDK:mgm Enclosure (as nated} cc/enc: Paul C. Anderson, Kennerly, Lamishaw & Rossi LLP David J. Erwin, City Aftarney _ Lauri Aylaian, Director of Community Development Finance Department G:1CllyC7rk1G1ah Mara�zy.et�ers563.002 Planx'u�py,rjs Sfreq Lend Ca.-H Pase Land Co-rmprvmni Agmt-f02309.doc - at PpLP 11eY1100M11(T(IIDM/tl � . . f � (MPROVEMENT AGREEi1f1ENT DATE�F AGREEMENT: October 23, 2009. NAME OF DEVELOPER: _ El Paseo Land Companyi L L C (referr�d to as"�EVEL�PER"). NAME OF DEVEL.OPMENT: �I f'aseo Vlflaae {referred to as "DEVE[.OPMENT"}. DEVEl.4PMENT APPR�VAI.S: �A 07-03, as amended; PP 07-�D, as amended; CUP 07- 18; MN�;ARC appravai (referred to as"Appravals") IMPROVEMENT PLANS NO.:_ (�� — 1 2�� (rBferred tv as"improvement Plans�}. ESTIMAT�D TOTAL COST OF IMPROVEMENTS:$198,836. SURETY: CA�S LETTER OF CREDIT/BOND N�S.: This Agreement is made and entered info by and between fhe Cify af Paim Desert, a municipal corporation of the Sfate of California, hereinafter referred to as "C[TY", and the DEVELOPER. RECITALS A. The above-referenced Approvals have been approved by City, subject to cer#aIn requirements and conditions. In parficuEar, #he parties have en#ered info a Development Agreement (�A 07-03, as amended) which sets forth certain vested rights of DEVELOP�R ta pursue the DEVEL,OPMENT. Capies of fhe Approvals are on file in the Office of the Director of CommuNty Develapment and are incorporated inta fhis Agreement by reference. - 1 - . RASPUA\VCD1760 STANDARD 1�lPROYEMBIYI'AGRBEAIENT-8PV.10.23.09 � � � o . . B. (n consideration of the Approvals for the DEVEI.OPMENT, the City and DEVEL4PER enter into this AgreemenE, whereby DEVEL�PER promises to insta{I and complet�, af DEVELOPER's own expense, all the public improvement work requ#red by CITY in cannection with the proposed DEVEL�PMEN7 so long as �EVELOPER procesds to construct the DEVELOPMENT. DEVELOPER has secured this Agreement by improvement security required by the City and approved by the Cify Attorney. : C. Complete lmprovement Pfans for the consf�uction, installation, and comptetion of the publEc improvements (hereEnafte� sornefimes referred to merely as fhe "improvements"} nave been prepared by DEVELOPER and approved by the City Engineer. A description of the impravements is - - ��--�--attached hereto-and incorporated here�n-bythis�reference as Exhibit°A". The - improvemenf Pfans numb�re�as referenced previousiy in tf�Is Agreement are on fife in the Office af the City Engineer and are incarporated into this Agreement by this reference. All references in fhis Agreament to fhe (mprovemen# Plans shall inelude reference to any specifications for the improvemenfs as appraved by the C1ty Engineer. D. An estimate of fhe cos# for construction of fhe public improvements and performing land development work in cannectian with fhe improvements according to the Improvement P(ans has been made and has been approved by the City Engineer. 'fhe estimafed amount is stated on Page 9 of this Agteement. The basis for the esfimate is on fi#e �n the O�ce of the Cify -2- RASPUBIVCD1760 STAAIDARDlA1PROYGAfENf AQRFE1�fEAFT-EPV.10.93.09 Engineer and is attached hereto and incorporated into this agreement by reference as Exhibif"A". E. GITY has adopted standards for th� construction an� insta(laffon of improvements within the CITY, The lmpravement Plans have been prepared !n canformance with CITY standards in effect on the date of the Appravals. N01N, THEREFOR�, in catisideration of the approva! of the DEVELOPMENT, DEVELOPER and CITY agree as follaws: . 1) �EVELOPER's Obli�ation fo Construct lmprovements. D�VEE.f?PER shall: (a) Campiy with alf the requirements af the Approvals, and any amendmenfs thereto. {b) Complete at DEVEL.4PER's own expense, ali fhe public improvemer�t work shown on Exhibtt"A" in conformance with approved lmprovemenf Ptans - within one year fram date DEVEL.OPER commences constructfon of the DEVEI.OPMENT. Should DEV�LOF'ER not commence construction of the DEVE�OPM�NT, then there is no obligation to cammence construcfion of the pubEic improvements. {c} �umish the necessary materials for campletion of fhe public � irnprovements in conformity with the tmprovement Pfans. � . (d) Acquire, or pay#he cost of acquisition by CITY; and dedfcaie all rights- of-way, easements and other interests in real praperfy for constructian and ins#a{latlon of the public improvements, free and clear af all liens and encumbrances. The DEV�LOPER's abiigations wifh regard to acquisEtion by -3 - RAlPUB\YCD1760 ' STANDARD IblPROVE3�1EKf AQRE@l1fENT-L•PV,10.23.09 . . � � ' CITY of aff-site rigi�ts-of-way, easemenfs and other interests in real property shaf! be subject ta a separate agreemant befween DEVE�OPER and CiTY. DEVELOPER shalt also be rasponslbEe far obtalntng any pubiic or priva#e sanitary sewer, domestic water, drainage, and/ar utility easements or authorization#o accommodafe the DEVELOPMENT. (e} ff construction of the DEVELOPMENT is cammenced, tt�en commence construction of the improvements by the time esfablished in Section (20) of fhis Agreement and complete fhe impro�ements by the deadline stated in � Section (1)(b) above, unless a fime extension is granted by the CITY as . authorized in Section(20). 2) Acauisition arid Dedication �f Easements ar Rlqhts-of-Way. If any of the publlc improvement and land use development woric contempfated by fhis . Agreement is to be constructed or Installed on (and not owned by CITY or DEV�LOPER, no construc#ion or insialla#ion shaf! be commenaed before wriften noflce by Cify to D�VELOP�R of: (a} The offer of dedicatlon to C1TY of approprlate rights-of-way� easements or other interests in reai property, and approprlate au#horization from the property owr�er to allow cor�structlon ar instaflation of the improvements or work,or (b} The dedicatIon to, and acceptance by, CITY ofi appropriate rights-of- way, easemen#s or ofher interests in rea( property, as determined by fhe City �ngfneer, or -4- lU1PU8\VCD1760 STANDAND II�lPROVP,fNEM'AGR6Et�ffiTff-2PY.10.?3,p9 (c) The issuance by a caurt of compefent jurisdiction purs�aant to the State Eminent Domain Law af an arder of p�ssessian. ClTY and DEVELQPER shall comply in alf respects with the order of possessi�n. Nofhing In this Secfion (2) sha�l be consfrued as authorizing or granting an extension of time to DEVEL�PER. 3} Securit . DEVELOPER shall at aIl times guarantee DEVELOPER's perfarmance by furnishing to ClTY, and maintaining, good and sufficient security as required on forms approved by CiTY for the purposes and in the amounts as follows; (a) to assure taithful performance of this Agreement In regard to said improvements In an amount of '��Q% of the esflmafed cos� of the improvements;�and � __._ _ __ _.__ _ . _ __ . _ _ __ ___._ - -- {b) to secure paymenf to any contractor, subcontractor, persons renfing equipment, or fumishing fabor and materials for the fmprovements required fa be constructed and instafled pursuant to this Agreement in the additional � amQunf af 50% of#he esfimafed cost of the fmprovements;and The securities requtred by this Agreement sha{I be kepf on file with the City Clerk. 7he terms of the secur(ty documents referenced on page 1 of this Agreement are incorporated info th)s Agreement by fhis reference, if any ' security 3s replaced by another approved security, the replacement shall: 1} � comp(y with alf the requirements for security in tf�ls Agreement; 2) be pravided fo the City Engineer and Cify Attorney ta be filed wtttt the Clty Cferk and, upon fl(Ing, 3) shal! be deemed fa have been made a part of and -5 - . . . RMPUDIVCD1760 SfANDARll IAfAROYGi�i6i�ff AGREEt�iCNT-EPY.i0.23.09 . � � . , incflrporated into this Agreement. Upon provtsion of a replacement security with fhe City Engineer and filing of a repiacemen# securlty with fhe City Clerk and Clty Attorney, fhe#ormer security shalf be refeased to DEVELD!'�R. 4) Alterations ta Improvemenf Piay�s. (a) Any changes, afferations or additions to fhe improvement Plans not exceeding ten percent (10%) af the original estimated cos# of the improvements, which are mutually agreed upon by CfTY and DEVELOPER, sha(E not relieve the improvement security given for faifhful perFormanae of . this Agreemenf. In the event such changes, alterations, or additions exceed 10% of the arigina! estirnated cast of the improvement, QEVELOPER shail _ provide improvement securify for faithful per#ormance as required by Section (3} of fhis Agreement for one hundred percent (100%) of the total esttmated - � - - - --- �-— ----- � cost of the improvements- as-changetl;altered;-or amended, minus any eompleted partiat releases alfawed by Secfion �6)of�his Agreement. (b) The DEVELOP�R shall construat fhe improvemenfs �n accordance �with CfTY standards in effeet at the time of adaption of the Approvals. 5� s ec . DEVE�OPER shall a#ali times maintain proper facilifies and safe access for fnspection af the public impravements by CITY inspectors and to fhe shops wherein any work is tn preparation. Upon com�lefion o# fhe work, DEVELOPER m�y request a fnal inspectian by the City Engineet', or the City Engineer's autharized representative. !f the City Engineer, or the designated represen#ative, determines fhat the woric�as been completed in accordance with thls Agreement, then the City Engineer shali cerfify �the completlan of fhe pubtic _6_ xnmuut��vcoti76o STAN�ARD RiPROVEAtENT A6REBhfENi-HPV.10.23.09 � � . impravements as part of fhe issuance of the fina! cerfificate of occupancy (the "finaf acceptancs" of the impr�vements). No improvements shali be flnally accepted unless af! aspects of ti�e work have been inspected and completed in accnrdance wifh the lmpravement Plans. When appllcabie law requires an inspection to be made by City at a particular stage of the wark of c;onstructing and installing such improvements, ClTY shalf be given timely notice of �EVELQPER's readlness for such Inspectlon and D�VEL�PER shali not proceed with addi#fonai work until the ins�ecfion has been made and the work approved. D�VELOPER shall bear all cos#s of inspection and certification. 6) Refease of Securities. The securities required by this Agreement shalf be released as fol(awing:� (a) Security given for #'aithfu! performance of any act, obligation, wark or agreement shaii be reteased upon ttte€inal compfefion and acceptance of the� � act or work, subject#o the pro�isions af subsectlon (b}hereof. (b) Tha Cjty Engineer may re[ease a por�ion of the security given for . faithful performance of improvement work as the improvement progresses upon application thereof by fhe DEVELOPER; provided, however, that no such release shall be for an amount less than twenty-five percent {25°l0} of . the tafaf improvement secur.ify given for faithful performance of the . improvement wark and thaf the secur�ty shall nat be reduced to an amount less fhan fifty percent (50%) of the total improvement s�curity given for faithful perFormance until final comp(etion and acceptance of the improvemenf work. In na event shall fhe City Engineer authorize a release of the . [mprovement securify which would reduce such security to an amount below . _�_ RhfPU81VCD1760 STANDARD iA1PR0VEbIHiV C AGREEhIENT-EPV.t033.d9 . , � that required to guarantee the completion of the improvement work and any afher ablfgation Imposed by thls Agreement. (c) !f there are no iiens time{y recordeci� fhen security given to secure payment to the contractor, his or her subcon#ractars, and to persons furnishing labor, maferials and equipment shaN be reteased at two (2) monfhs after comple#ion and finai acceptance of the improvemenfs. if liens have been timeEy recorded, for which CITY and DEVELOPER have received written notice, security gfven to secure payment to the contractor, �is or her subcontractors and to persons furnishing labor, materials �r equipment s�all, . at iwo(2) months after completion and accep#ance af the woric, be reduced ta an amounf equa) to no less than 125% ofi the total claimed by all ciaimants for wh�m (iens tiave been recorded and of which wri#ten notice has been glven ta the CITY and DEVELOPER, plus an amount reasonably determined by the _ . ___ ._ _. ._.____..__ _ _. __ ._ . __ __ __ , _ _ _ - Clty Engineer fo be required to assure the performance of any ofher abligafions secured by the Security. The balance of the security shall �e released upon the settlemenf of alf claims and obiigations far whtch the security was given. " (d} C(TY may retaEn from any security released, an amount sufficient to cover costs and reasonable expenses and f�as, Including reasanable � atforneys'fees necessary to resolve the lien claims. (e) fn the even#construc#ion of fhe DEVEL�PMENT has nof commenced� at �EVELOPER's request, fhe securities required by this Agreemenf shall be refeased. - � -8 - w�trus�ve�7�o S7ANpqRD RfPROVEhtENf AGREL+hiBNf-EPV.10.23.09 � 7) fn(ury to Pub11c lmarovements Public Propertv or Public Uiilitfes� Faclliti�s. DEVELOPER shall replace or repair or have replaced or re�aired, as the � case may be, all public improvements, public utilifies facllities and surveying ar subdivision monuments which are destroyed or damaged as a result of any work under fhis Agreernent, DEVELOPER shail bear the entire cost of replacement or repairs of any and all public or publie utility praperty damaged or destroysd by reason of any work done under fhis Agreement, whather such property is owned by the United States or any agency fhereof, or fhe State ot California, or any agency or po(itica! subdivision thereof, or by CITY ar any p�bllc or private uti[ity corporation or � by any combinatian of such Qwners. Any re�air or replacement shail be to the satisfaction,and subject to the approval, af the City Engfneer. 8) Permits. SubJect to the terms af fhe �eve�opment Agreementr DEVEL4PER shail, at DEVELOPER's expense, obtain �II necessary perm�ts and licenses for the construction and Instaflatlon of the improvements, give al!necessary natices and pay all fees ar�d taxes requ�red by law. _ 9) Default of DEV�LOpER. (a) Default of DEVELOPER shall Enclude, but not be limited ta, (1} DEVELoPER's failure to time(y commence constructian of the improvements, if required under this Agresment; . (2) DEVELOPEiZ's fail��e to ,timely complete construction of the . improvements,if required w�.der this Agreement; {3) DEVELOPER's failure to fimely cure any defect in f�e improvements; -9- RMP[38\VC017W • STANDARD lb1PROVBAIBNT AORBH[�tENY-Ef V.IQ23.09 . , � � (4) nEVEI.OPER's insolvency, appointment of a receiver, or the filing ot any petitlon in bankruptcy eikher valuntary or invo�untary which DEVELOPER fails to discharge within thirty{30)days; (5) the commencement of a foreclosure action agalns# the DEVELOPMENT or a portion fhereof, or any conveyance ln lieu or in avoidance of foreclosure;or (6} DEVELOPER's failure to perform any other obllgatlon under fhis Agreement. {b} Provided natice and an opportunity to cure have baen provided : DEVELOPER as sef forth in 9(c} below, CITY reserve5 to itseif all remedles available to it at law or in equity for breach of DEVELOPER's obligations under this Agreement. C{TY shall have the righf, subject to thfs Section, to draw upon or utilize fhe apprapriate security to mitiga#e CITY's damages in __ ._.__..._.._ _.___.�.______._....w....-- -- - ---�- _ ---...___ ._ .. . __._.. . _-------�--- event af default by DEVELOPER, The right of GITY#o draw upon or uti)ize fhe security is additional #o and no# 'tn lieu of any ather remeciy avallable to CITY. It is speci#ically recognized that the estimated costs and security amounfs may not reflect fhe actual cQsf of construction or instaqation of the improvemenfs and, therefore, Cl7Y`s damages for DEVEL.OPER's default shail be measured by the cost of cornplefing the required improvements. The sums provided by the improvement security shall be used by CITY for #he . completion of the public improvements fn accordance wifh the improvement plans and specifications contained herein. (c) !n the event of DEVELOPER's default under this Agreement, DEVELOPER authorizes ClTY to perform such obligation twenty (2Q) days after mailing written no#ice of default to bEVELOPER and to DEVEL�PER's - 10- RhiPUB1VCD\760 STANDARD I!�lPROVBAfEPlI AOREEAfENT-$RV.10.23.09 . surety, uniess DEVEI.OPER has commenced cure af such default within such twenty(20) day period subject ta unavoidable delays, and agrees fo pay fhe entire cost of such perFormance by CITY. CITY may take over t�e work and prvsscute the same to comp[etion, by contract or by any other method Cl`fY rnay reasonably deem advisable, far the accounf and at the expense of DEVELC3PER, and D�VELOPER's surety shali be ilable to CITY for any excess cost or damages occas9oned Cf7Y thereby. In such event, C1TY, _ _ ___. _ _ _____._._ __.____. without Ilability for so doing, may take possession of, and utilize fn completing the work, such materials, appllances, plants and ofher property belong[ng to __...._.�,_ _.,�._._.__ . ._...__ DEVELOPER as may be an the site of the work�and necessary for performance of#he wark. (e) In the event that DEVELOPER fails to perForm any obligation hereunder, DEVELOPER agrees to pay a11 reasanable costs and expenses incurred by CfTY in securing performance of such ab{igations, includtng but not lirnited to fees and charges of architects, enginaers, aftorneys, other professianals,and court cosfs. (f) The failure of CITY fa take an enforcement action with respect to a default, or to declare a breach, shalt na# be construed as a walver of that default or breach or any subsequeni,default or breach of�EV�LOPER. (10) DEVELOPER Not Aaent of CITY. Neither DEVELOPER nor any of DEVELOPER's agents, contractors or subcontractars are ar shall be considered to be agents of C1TY in connection with the perFormance of D�V��OPER'S obligations under this Agreement. -11 - Ri�1PUB1VCEri7G0 57'ANDARD IhiPROV6�I�NT fidRFs&b1ENT-EPV.10 23.09 ' ' � . (11} Iniury to Wark. EJnti! such time as the improvements are accepted by CITY, DEVEL�PER shall be responsEble far and bear the rlsk of loss #o any of the � improrrements constructed or installed. Untii such time as all improvements required by this Agreement ars fully completed and accepted by CITY, DEVELOPER wili b� responsfble for fhe care, maintenance of, and any damage to such improvemen#s. ._CI_T_Y.shall not, nor shali�officer or empfoyee thereof, be fiable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to #he wark or impravements specifled in thls Agreernent prior to the completion and accepiance of fhe work or improvements. Alt such risks shall be the responslbility of � and are hereby assumed by�EVELC?PE,R. (12) Environmental Warrantv. Prior ta the acceptance of any dedtcatlons . or 9mprovements by CITY, DEVELOPER shall cer�ify and warrant that neither fhe -------------------------- _ _ _. _.._ _ .-- - - -------�------- --- .__._. _ . .. property to be dedicated nor DEVELOPER is in violation of any environmenfai law-- and ne(ther the property to be dedicated nor the DEVELOPER ls subject to any existing, pending or threatened investigation by any federai, state ar iocal governmental authority under or in connect[on with envlronmental law. Neither , DEV�L�PER nor any thIrd party wili use, generate, manufacture, produce, ar re{ease, on, under, or about the properry#o be dedicated, any hazardous substance except in comptianae with a11 applicable snvlronmental laws. DEV�LOPER has not caused or permifted the release of, and has no knowtedge of the release or _ presence of, any hazardous substance on the property to be dedicated or the rnigratlon of any hazardous substance from or io any other property adjacent to, or in the vicinity of, the praperty to be dedicated. OEVEL�PER's prfor and present use a€ the property to be dedicated has not resufted in the release af any hazardous - ]2- w+�eu�vca��w STAttAARD IAfPROVEAEENC AttREEt�lBt�T-EPV,10.23.09 • substance�an fhe property to be dedicated. D�VELOPER shall give prompt written � notice to CITY at the address set forth hereln of: � (a) Any proceedfng or investigatlon by ar�y federal, sfate or loca! governmental authority with respect to the presence of any hazardous substance on the property ta be dedicated or the migration thereaf from or to any ofher properEy adjacent to, or in the vicinity of, the property ta be ded(cated; __ . __ . _ (b) Any claims made or tf�reatened by any third party against CITY Qr the property to be dedicated relatfng to any foss ar injury resulting from any � hazardaus substance; and, (c) DEVELOPER's discovery of any occurrence or condition on any � • property adjo3ning in fhe vicinity of the property to be dedicated that could cause the prope�iy to be dedEcated or any part thereof to be subJect to any restriotions on (ts ownership, occupancy, use�or the purpase for which is it is in#ended, transferability or suit under any environmental (aw. (13) 4ther A,greements. Nothing eontalne� in this Agreement s�all preclude CITY from expending monies pursuant to agreements concurrently or - previausly executed between the parties,or fram entering into agreements with ofher developers for the apportionment of costs af water and sewer mains, or oti�er improvements; pursuant to the provisions of the CITY ordinances providing , therefore, nor shal! anything in thEs Agreement commit CITY to any such apportionment. - 13 - te�mue�vcw�sa � STANDARD ItviPitQVCM8NTA0REEMENT-EPV.[0.2J.09 � - , (14} DEVELOPER'S Obll�ation to Wam Publia Durinq Construction. Untii formal final acceptance of ihe improvements, DEVELOPER shafl give good and adequate waming to the public af each and every dangerous condition existent in said improvements, and will take atl reasonabfe actions to protect the public from such dangerous condition. (95) Vesting af Owr�ership. Upon farma! final acceptance of the waric by CITY, awnership of the improvements cons#ructed pursuant to this Agreemenl shall vest in ClTY. (1fi) Indemnitv/Hold Harmless. CITY or any officer or empioyee fnereof shaU not be liabEe for any injury to persons or properfy occasioned by reason of the acfs or ornisstons of DEVEI,UP�R, its agents, or employees, contraetors and _ .. _ _._ -- ----. - __.____ ,_ _. _ subcontractors in tf�e performar�ce of thls Agreemenf. DEVEt�OPER further agrees to protect, defend, fndemnify and hofd harmless CfTY, its afficials, boards and commissions, and members thereof, agenfs and empioyees from any and aii claims, demands, causes af action, liabili#y or Eass of any sort, because of, or ar�sing out of, acts ar omissions of DEVELOPER, its agents, employe.es, contractors and subcontraetors in the performance of this Agrsement, except for such claims, demands, causes of actlon, liab�(ity, or loss arising out af the active negligence or wi{Iful miscanduct of fhe CITY, its officfais, boarcis, comm3ssions, the members thereof, agents, and employees, (nctuding aN elaims, demands, causes of action, � Itabillty, or loss because of, or arising ouf of, ,in whole or in {�art, the design .or construction of the impravements. This indemnification and agreement to hofd harmiess shall extend to injuries to persons and damages or faking of property � - 14- xace�vc��o STAAIDqRD lAlPROV6M�17'AGREFJ�SENT-EPV.1623.09 • � , � - resu{ting from the design or construction afi the publlc lmprovements as provlded herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from fhe design and constructian of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvemenfs shall not constitute an assumptlon by CITY o# any responsibil�fy fnr any damage or -taking--eovered-by-this-Section.�_CITY shall._not_be_resppnsible for the design flr construcfion af the property to be dedicated or tt�e improvements pursuant to fha approved improvement plans or map, regardless of any negiigent ac#ion or inaction taken by CITY fn approv�ng t�e plans ar map, unless the particular impravemenf : design was specifically required by CITY over written objecfion hy DEVEL�PER � submitted to the City Engineer before approval of the parlicular improvement design, which objection incficafed fhat fhe particular improvement design was dangerous or defiective and suggested an aiternafive safe and feasib(e design. After acceptance of the improvements, the DEVELOPER shal! remain � obligated to eliminate any defect in design or dangerous cot�dltion caused by#he design or constructton cfefect; however, DEVELOPER shall not be responsPbie for rautine maintenance. Prov[sions of fhis Sectian shal! remaln in full force and effect for fen {90) years foltawing the acceptance by CITY of the improvemenfs. It is the intent of fhis Sectlon that DEVELOPER shall be responsible for ali liability for design and canstruction of #he � improvements lnstalled or work done pursuant to this Agreemenf and that CITY shaif no#be ![ab(e for any negtlgence, nonfeasance, misfeasance or maifeasance 9n approving, reviewing,_checking, or inspecEing any work or construcfion. The improvement security shall not be required to cover the provisians of this Sectivn, - IS- RMPUB\VCD1760 STAtdDARD[AIPROVEIitEt�l7'AOttE4MENT—EPY.t0.2J.09 .. , i ! � DEVELOPER shal! reimburse CITY for aU reasonable, actuaE costs and expenses (including but not limited to fees and charges of architects� engineers, aftorneys, and ofi�er professiona(s, and court costs)incurre�by C1TY in enforcing the provisians ofi this Sectian. �'!7) Personal Nature of DEVEL.OPER'S Obligations. A{lof DEVELOPER's obligafions under this agreement are and shall remain t�e personal obllgatlons of DEVE�.OPER nofwithstanding a transfer of all or any part of the property within fhe DEVELOPMENT subject fo fhls Agreement� and D�VELOPER shall nat be entitied to assign its obiigatians under thls Agreement ta any transfieree of all or any part of � the property wifhin the DEVELOPMENT or to any oiher third �arry without fhe express wriiten consent of CITY. (18) Saie or Disposifion of DEVELOPMENT. DEVELOPER Qr any a � successor owners of the DEVELOPMENT may request a navatton of thts Agreement and a substitu#ion of security. Upon apprQva! of fhe nova#ian and substitution of securifies, the DEVELOPER shall be released of all obligattons hereun8er, ex�sting __._ . . _. --- _ _.--- ______._ _ - . _ .__ ..-----. now or in the fut�re and the secursties required by fhrs Agreement shalf be reteased. Nothing in tha novatton shalf retieve the DEVELOPER af the ob(igations under Sec#fon (16) regarding claims for the work or impravement dane by DEVELOPER prior to suah novatlan. - {19) Time af fhe Essence. Time is of the essence in the performance of this Agresment. .. 16_ taiPun�vc��so STAi�fDARD iA�PROVEbfBNTitGREBbiL+i�IT—EPV.LQY3.09 (20) Time for Cammencement of Woric• Time Extensions. There is no obligaifon fo commence construc#ion of the improvements shouid Developer, in its soie dtscretion, decide not 10 commence construetion of the �EVEL�PM�NT. If canstructian of the d�V�LOPMENT is commenced, DEVELOPER shali commence I construction of the im�ravements required by this Agreement not tater #han six (6) months after the date af this Agreement. [n fhe event good cause exists as determined by tF�e Clty Englneer, the time for commencement of construction or compiefion of the improvements hereunder may be extended for a period or periods not exceeding a total of two {2) additional years. �'he extenslon shall be executed in : wriEing by the Crty Engirteer, Any such extension may be granted without notice ta DEVELOPER`s surety and shal! not affect the validity of fhis Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be tha sofe judge as to wnether or not good cause has been shown ta enUtle DEVEL4PER to an extension, subject ta appeat by DEVEL�PER to the City • Manager. Detay, oti�er than delay in the commencement of woric, resulting from an act of CITY, act of other governmental entity, act of God, or by storm or inclement weat€�er, strikes, E�4yGOt�S or simi{ar politica! actlons, materials or equipment shortages, and economic conditions which affect f�nancing whlch prevents the conctucttng of work, which DEVELOPER could not have reasonably foreseen and, furthermore, were no# caused by ar contributed to by DEVEL�PER, shall constitufe good cause for and extension of fhe iime for aompletion. As a evndition of such exfenston, the City �ngineer may require DEVEl.4PER to furnish new seourity guaranteeEng performance vf fhis Agreement as extended In an increased amount as necessary ta compensate far any increase in consfruction costs as determined by the City�ngineer. - 17- � R.\tPEJ81YCD�76tl � STANhARb AtPRQVE1f8tdT AOREEi+1@NF-EPV.10.23.09 ' . . � (29} Notices. All no#ices required or provlded far under this Agreement shall be i� wri#ing and deilvered in person or sent by mail, postage prepaid and addressed as provlded in this Section. Nofice shall be effective on the date it is dellvered in person, ar, if mailed, on the date of deposit in ti�e United States maif. Notices shalt be addressed as fallows untess a written change of address is filed with the City: Notice to CITY; City of Paim Desert 73-590 Fred Waring Drive Pa(m Desert, Califamia 92260 Attn: Pubilc Works Dfrector Notice ta DEVELOPER: c/o Davis Street Land Campany 622 Davis Street �vanston, IL 60207 Atfn: Robert Perlmutter Nofice to SURETY: �22} Compliance Wifh Laws. DEVELOPER, its agents, employees, confracfors and subcontractors shall comply with a!f federal, sta#e and local laws in the performance of the improvemenfs and land development work required by this Agreement. (23j Severabilitv. The provisions af this Agreement are severable. If any portion of fhts Agreemenf is held invalid by a court of competent jurisdiction, the ramainder af tt�e agreement shal( remain 1n futl force and effect unless amended or modi�ed by the mutual consent of the parties. _ �g. r�nrPve�vcv��o STANDARD IMPROVEASENI'AOREEt�iE�1F-EPV.10.2J.09 (24) Caations. The captions of thls Agreement are for convenience and reference only and s(�aEi not define, explaln, mad[fy, timEt, exempllfy, or aid in the interpretation,construction or meaning of any provisions af this Agreement. (25) Litiqafion or Arbitration. 1n fhe event#hat suit or arbitration fs brought to enforce_the terms of #his Agreemer�t, the prevaiEing party shal! be en#ifled to littgat�on costs and reasonable aitorneys'fees. (26) incorporation of Recitals, The recitals fo thfs Agreement are hereby . incorporated into !n the terms of this Agreement. (27} Entire Ag eement. Thls Agreement constltutes the entire agreement of tne parties with respect fa the subject matter. Ali modifoations, amendments, or _ ---___._.__.____ ____.______._.____--------- ------- - -- ----- waivers of ths terms of fhis Agreement must be in writing and signed by fhe appropriate representafives of the pa�#ies. _....__.__ __ __ � ___..__... _.._ _ _ {28) Inferpretation.This Agreement sha(I be interprefed in accordance with the laws of the State of California. - 19- RAfPU81VCD1760 STANDARD]AiPROVPh1AJdTAQREBAlEN'!'—EPV.I0.23,04 . , � � ' � {��) Jurisdiction. Jurisdictian of afl disputes over the terms of fhis Agreement shati be in the County of Riverside, State of California. 1N W17NE5S WH�REOF, this Agreement is executed by the parties as of fhe date hereinabove first writtert; by Ci1Y, by and#hrough ifs Mayor. EI Paseo Land Company, Ll.0 CiTY OF PALM DESERT A Delaware fimiEed tiabifity campany DEV�LOPER C�� a : �C d .�`�'C� DEVELOP�R y � � MAYOR (Proper Notar�zation o€ - DEVELQPER`s signature is � required and shali be aftached) AT7EST: _. ..._. _. C CL RK APPROVE �S TO FORM: r CI ATT NEY -20- RbIP(1B1YC�1160 STANDARb AiPROVBAtENTApRF6li6NF-&PV,lp,23,09 • S STATE OF ILLINOIS ) )ss. COUNTY OF COOK ) I, Kimberly A. Martin, a Notary Public in and for said County, in the State aforesaid, 00 NEREBY CERTIFY that Robert Perimutter, personally known to me to be the same person whose name is subscribed to the foregoi�g instrument, appeared before me this day in person and acEcnowledged that he signed and delivered the said instrument pursuant to the authority given to him by said company, as his free and voiuntary 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 of October, 20p9. 0 F{CIAL SEA! � KIMBERLYAMARTIN k' erl A. Mar in NOTARY PUBLIC•STATE OF IlUiV01S Y iUIY CQMh41SSI0N EXPiRES:02118H2 + • EXHIBI� '�,p,n � � , EI Paseo Village Engineer's Estirnate ' Street Imarovements (tem�escriution Quan Unit Cos Total Cost Full Deplh A.C. F'avement 2,0671f 3.50 $ 7,234.50 6"Curb&Gutter(see Pafm Desert Std.No.102) 49a ff 26.00 $ 12,250.00 8"Curb&Gutter(see Palm Aesert Std.No.'f02) 425�f 26.00 $ 10,625.00 6"Curb(see Palm Desert Std,No.103) 120 if 2C},00 $ 2,400.00 Concrete Paver Sldewalk(see Street Imp,Pians Shf.3} 6,600 sf 11.�� $ 72,600.00 Concrete Sidewafk(see Ralm Desert Std.No. 104) 230 If 6.50 $ 1,495.OD ADA Curb Ra�rrp(see Street imp.Ptans ShE.3} 6 ea 3d00.00 $ 18,0OO.OQ Concrete Vailey Gutter 415 If 25.00 $ 2,875.00 DrivewayApproach(APWA Std.Plan 130-9) 800 sf 15.00 $ 12,dQ0.00 Removai of ExfstUg Curb,Gutfer,Sidewalk,and Pavement 915 if 3.25 $ 2,573.75 Removal of Exisfing Concrefe Rsmp 925 sf �,pp $ �2�,pp Remave Landscape&Errlgafion 310 sf 1.00 $ 3qa,Qp Remove Tree&Root Ba!! 16 ea 200.flU $ 3,200A0 4"X 14"Under Sidewaik praln 66 (# 1Q0,00 $ 6,50a.00 Landscape#nsfaElation 1,718 if 5,00 $ 8,590.OQ $ 18'i,'178AU ContingencY 20°1a $ 32,236.00 Tota! � $ 193,415.� Gra ' � Cut - 2521 cy $5.00 $ 12,805.00 Fi11 1513 cy $6AQ $ -9,078.00 - - Subtotal . $ 21,683.00 Total x 2s�'o $ 5,42D.7S Street lmpravements $ 193,415.00 Grading � s,aso.7s Faithfui Perfiormance Bond Totai $ 998,838.00 �''Calculatians are roundecf fa the nearest dottar amaunt ' , EL PASEt) VlLLAGE {PP 07-10) ��`�� _� , _ _ � _ _ __.___ . --__ _, _. ___-� � W ' �'r� , � ', Q� � 1{I �� , Z ' q , � ,, ' 2 � � � , � , , I J � _.�_ _...� �,.�me ..! .�__£L~~P'ASEO � � m..._ .eP�_ b__ ...._��_.__._ e _ m_, �..__._.._.-_.EL-fASEO_-__i � _ �.�..� ( 4 ; '. P � � ' i � 2 w > � Y �t , o'. _ Q ,�+ � ` q�. i ' , � E� �,��E�J �f�LL.�� ' � ' � ; � ' . _) _.__.. _._ w _ �..� v,�„ .. � -�SHfkDOW�MOt�N3i11N.-DRIiIE _�__.._�_ � _ �� ..e_. _.. _ ,,,.�_ .��__. �. ' � ' _ �� ._ �__� �.�OSMI�lA TREE�rSiYtEE� �.. _. � __ _...�..�, _�_��. _ ,_._ ...� � e�,�� ! ' ' ' o`� � , �� r ; ' , * ,' ' rt ._ _ . _._ _� _ � �__.� �_ � _ _ � ._.. _ _ � � � � __ _ _ __ __ . _ _ __ _. � __ _ __�..._� _ _ ._ _ ,_ _ _____ Legend � - -- � --° Circulation Network _ 1:2,476 O (�' Cit Bounda Streets � Y �' ; Palm Desert Parceis(7/20� �` ___ . __ . ___.-- Notes a� � __. �. __ � ._ . �, ... �