HomeMy WebLinkAboutRelease Scrty - PP 10-302 ..r J
CITY OF PALM DESERT �-
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR PP 10-302 (DMV)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Sycamore III, LLC
815 Marlborough Avenue
Suite 200
Riverside, CA 92507
DATE: April 25, 2013
CONTENTS: Agreement
Vicinity Map
Recommendation
By Minute Motion, release security for PP 10-302 (DMV).
Backqround
The subject property is located at 74740 Technology Drive. A cash deposit in the total
amount of$32,355 was submitted at the time of permit issuance for grading and off-site
improvements.
All improvements related to these bonds are complete. Staff has recently re-inspected
the improvements to insure that they remain as they were when accepted at final
inspection.
The faithful performance and labor and materials bonds were held for one-year in lieu of
a maintenance bond submittal. The one-year maintenance period is now complete. Staff
recommends that the City Council authorize the release of the faithful performance and
labor and materials bonds.
Staff Report
Release Security for PP 10-302 (DMV)
Page 2 of 2
April 25, 2013
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By: Dep rt t Head:
��
Llrunsf�°n� C�c�cc.�
Christina Canales, Assistant Engineer Mark Gr wood, P.E.
Director of blic Works
������ CITY COUNCIL ACTION
APPROVED ✓� nrN�r�
Paul S. Gibson, Director of Finance RECEIVED oTHCR
MEI;TING DATE - �-�v/'
A Qval: AYES: —
� NOES: 1�otic°
AI3SF.NT: �l nn�.
,
ABSTA[N:�1�nP ,
City Manager �'rRIFIF,D BY:
h M. Wohlmuth, Origin�l on File with City Clerk's ( ice
.
CITY Of PNL �i DESER �
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PAI.M DFSERT,Cn�.U�oxH��9226o—a578
TFa.:�bo 346-06[�
Ftix:760 340-0574
info�palm-dcurt.org
February 23, 2012
The Magnon Companies
815 Mariborough Avenue, Suite 200
Riverside, California 92507
Dear Sir or Madam:
Subject: Imarovement As�reement ior the Propertv Located at 36-400
Technolonv Drive. Palm Desert — Palm Desert Department of
Motor Vehicles
Enclosed for your records is a fuily executed copy of the Improvement Agreement for the
subject property.
If you have any questions or require additional ir�formation, please do not hesitate to
contact us.
Sincerely,
rr �
RACHELLE D. KLASSEN, MMC
CITY CLERK
RDK:mgs
nclosure (as noted)
cc%nc: Mark Greenwood, P.E., Director of Public Works
�1���0SM
. . ti
IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: Feb. 10, 2012
NAME OF DEVELOPER: The Magnon Companies
(referred to as "DEVELOPER").
NAME OF DEVELOPMENT: Palm Desert DMV
(referred to as "DEVELOPMENT").
DEVELOPMENT RESOLUTION
OF APPROVAL NO.: Resolution 2 J�2
(referred to as "ResoIution of Approval")
IMPROVEMENT PLANS NO.: N
(referred to as "Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS:$_�_T,�Sj
SURETY: Cash in Lieu
LETTER OF CREDIT/BOND NOS.:
Ttus Agreement is made and entered into by and between the City of Palm Desert,a
muaicipat corporation of the State of California,hereinafter referred to as "CITY", and the
DEVELOPER.
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x�crrAr�s
A. DEVELOPER has presented to CITY for approval a Conditional Use
Permit/Precise Plan of Development pursuant to provisions of the CITY's ordinances and
reguladons relating to development approval.
B. A Conditionat Use PermitlPrecise Plan of Development has been approved,
subject to the requirements and conditions contained in the Resolution of Approval. The
Resolution of Approval is on file in the Office of the Director of Community Development and
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 Commission, 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 CTTY in connection
with the proposed DEVELOPMENT. DEVELOPER has secured this Agreement by improvement
security required by the City and approved by the City Attomey.
D. Complete I�mprovement Plans for the construction� installadon, 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 Ciry Engineer and are incarporated into this Agreement by this reference.
All references in ttus Agreement to the �nprovement Plans shall include reference to any
specifications for the improvements as appmved by the City Engineer.
E. An estimate of the cost for construction of the pubtic improvements and performing
land development work in cannecdon with the improvements according to the improvement Plans
has been made and has be�n appraved by the City Engineer. The estimated amount is stated on
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Page 1 of this Agreement.The batiis for the estimate is on file in the Office of the City Engineer and is
incorporated into this agreement by reference.
F. CITY has adopted standards for the construction and instatlation of improvements
within the CTTY. The Improvement Plans have been prep�red in conformance with CTTY
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 Pollows:
(1) DEVELOPER's �bligation to Construct Improvements.
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 fmm date of execution of this Agreement.
(c) Fumish the necessary materials for completion of the public improvements
in conformity with the Lnprovement Plans.
(d) Acquire, or pay the cost of acquisition by C1TY, 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 alI liens and encumbrances. The
DEVELOPER's obligations with regard to acquisition by CTTY of off-site rights-
of-way, easements and other interests in real property sizatl be subject to a sepazate
agreement between DEVELOPER and CiTY.
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DEVELOPER shall also be responsible for obtaining any public or private sanitary
sewer,domestic water,drainage, andlor utility easements or authorizadon to
accommodate the DEVELOPMENT.
(e) Commence construction of the improvements by the time established in
Section (21) of this Ageement and complete the improvements by the deadline
stated in Section (1)(b) above, unless a time extension is granted by the CTTY as
authorized in Section(21).
(2) Acquisition and Dedication of Easements or Rights-of-WaX. 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 CTTY or DEVELOPER, no construction or
installation sha�l be commenced before:
(a) The offer of dedication to CTTY of appropriate rights-of-way,
easements or other interests in real property, and appmpriate authorization from the
property owner to allow construction or installation of the improvements or work.
or
(b) The dedication to, and acceptance by, CTTY of appropriate rights-of way,
easements or other interests in real property,as deternuned by the City Engineer,or
(c) The issuance by a coart of competent jurisdic6oa pursuant to the State
Eminent Domain Law of an order of possession. DEVELOPER shall comply in all
respects with the order of possession.
Nothing in this Section(2}shall be construed as authorizing or granting an
extension of time to DEVELOPER.
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(3) Securitv. DEVELOPER shall at all times guar:antee DEVELOPER's performance by
furnishing to CTTY, and maintaining, good and sufficient security a5 required 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 10096 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 additionaE amount of
50%of the esdmated cost of the improvements; and
The se�urities 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 inta this Agreement by this reference. If any security is replaced by
another approved security, the replacement shall: 1)comply with all the
requirements for se�urity in ti�is 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.
(4) Alterations to Impravement Plans.
(a) Any changes, alterations or additions to the Improvement Plans not
exceeding ten percent (109b) of the original esdmated 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
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event such cht�nges, alierations, or additions exceed lOgb of the original estimated
cost of the improvement, DEVELOPER shall provide improvement security for
faithful pecformance as required by Section (3) of this Agreement for one hundred
percent(100°70) of the total e.titimated cost of the improvements as changed,altered,
or amended, minus any compieted partial releases allowed by Section (6) of this
Agreement.
(b) The DEVELOPER sh�ll construct the improvements in accordance
with C1TY standards in effect at the time of adoption of the Resolution of
Approval. C1TY re.serves the right to modify the standards applicable to the
DEVELOPMENT and this Agreement, when necessazy to protect the public safety
or welfare or comply with applicable state or federa! law or CITY zoning
ordinances. If DEVELOPER reqnests and is granted an extension of time for
completion of the improvements, CTTY may apply the standards in effect at the
time of the extension.
(5) Inspection. DEVELOPER shall at all times maintain proper fa,cilities and safe access for
inspection of the public improvements by CTTY inspectars and to the shops wherein any work
is in preparation. Upon completion of the work,DEVELOPER may request a final inspection
by the City Engineer, or the City Engineer's authorized c�epresentative. If the City Engineer, or the
designated representative, determines that the work has been completed in accordance with this
Agreement,then the City Engineer shali certify the completion of the public impravements to the City
Council. Na improvements shall be finatly accepted unless atl 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 conswcting and installing such improvements,
C1TY shalt be given timely notice of DEVELOPER's readiness for sucfi inspection and DEVELOPER
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shAll not proceed with additionsil work until the inspection has been m;rde und the work approved.
DEVELOPER shali bear all costs of inspection and certification. No improvemeats shall be deemed
completed until accepted pursuant to Section(16)herein.
(6) Release of Securities. The securities required by this Agreement shail be released as
following:
(a) Security given for faithful performance of any act, obligation, work or
agreement shall be released upon the �nal 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
performance of improvement work as the improvement progresses upon application
thereof by the DEVELOPER; provided, however, that no such release shall be for
an amount less than twenty-�ve percent (259b) of the total improvement security
given for faithful performance of the improvement work and that the security shall
not be reduced to an amount less than fifty percent (549'0}of the total imp�vement
security given for faithful performance until final completion and acceptance of the '
improvement work. In no event shall the City Engineer authorize a release of the
improvement security wlrich 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 fiu�nishing labor,materials or equipment shall,at six(6)months after
compledon and acceptance of the work, be reduced to an amount equal to no less
than 1259'0 of the total claimed by a!1 claimants for whom liens have been filed and
of which notice has been given to the CTTY,plus an amount reasonably deterinined
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by the City Engineer to be required to assure the performance of any other
obiigations secured by the Security. The balance of the security shall be released
upon the settlement of alt cIaims and obligations for which the security was given.
(d) CTTY 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 shatl 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 by any comhination of such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval,of the City Engineer.
(8) Permits. DEVELOPER shall, at DEVELQPER'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 consWction of this
Agreement;
(2) DEVELOPER's failure to timely complete construction of the
improvements;
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(3) DEVELOPER's fuilure 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 involuntazy which
DEVELOPER fails to discharge within tnirty(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.
@) CITY reserves to itself all remedies available to it at law or in equity for
breach of DEVELOPER's obligations under this Agreement. CITY shall have the
right, subject to this Section, to draw upon or utilize the appropriate security to
mitigate CTTY's damages in event of default by DEVELOPER. The right of CTTY
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 ar instaliation of
the improvements and, therefore, C1TY's damages for DEVELOPER's default
shatl be measured by the cost of completing the required improvements. The sums
provided by the improvement security may be used by CITY for the compledon of
the public improvements in accordance with the impmvement plans and
specifications contained herein. �
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(c) ln 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 endre cost of such performance by CITY. C1TY may take
over the work and prosecute the same to completion, by contract or by any other
method CTTY may deem advisable, for the account and at the expense of
DEVELOPER, and DEVELOPER's surety shall be liable to CITY for any excess
cost or damages occasioned CITY thereby. In such event, CITY, without liability
for so doing, may take possession of, and utilize in completing the work, such
materials, appliances, plants and other property belonging to DEVELOPER as may
be on the site of the work and necessary for performance of the work.
(d) Failure of DEVELOPER to comply with the terms of this Agreement shall
constit�te consent to the filing by CTTY of notice of violation against all proposed
improvements in the DEVELOPMENT, or to rescind the approvat 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 CTTY. DEVELOPER
agrees that the choice of remedy or re�dies for DEVELOPER's breach shall be in
the discretion of CITY.
(e) In the event that DEVELOPER fails to perform any obligation hereunder,
DEVELOPER agrees to pay all costs and expenses incurred by CTTY in securing
performance of such obligations, including but not limited to fees and charges of
architects,engineers,attorneys,other professionals,and court costs.
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(n The failure of CITY to take an cnforcement action with respect to a default,
or to declare a breach, shall not be constraed as a waiver of that default or breach or
:uiy subsequent default or breach of DEVELOPER.
(10) DEVELOPER Not Agent of CITY. Neither DEVELOPER nor any of
DEVELOPER's agents,contractors or subcontractors are or shall be considered to be agents of
CITY in connection with the performance of DEVELOPER'S obligations under this
Agreement.
(l l) Injury to Work. Undl such time as the irnprovements are accepted by CITY,
DEVELOPER shall be responsible for and bear the risk of loss to any of the improvements
constructed or installed. Until such time as all improvements required by this Agreement are
fully completed and accepted by CITY, DEVELOPER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer
or employee thereof, be Iiable or responsible for any accident, loss ar damage,regardless of cause,
happening or occurring to the work or impmvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks shall be the respotGsibility
of and are hereby assumed by DEVELOPER.
(12) Wanantv. DEVELOPER shall guarantee or warranty the work done pursuant to
this Agreement for a period of one yeaz after final formal acceptance of the irnprovements by
the City Council aga'tnst any defective work or labor done or defective materials furcushed. If
within the warranty period any work or improvement or part of any work or improvement
done, fumished, installed, or constructed by DEVELOPER fails to fulfil! any of the
requirements of this Agreement or the impmvement plans and specifications referred to herein,
DEVELOPER shall without delay and without any cost to CTTY, repair or replace or
reconstruct any �fective or otherwise unsatisfactory part or parts of the work or structure.
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Should DEVELOPER fail to act promptly or in �ccordance with this requirement,
DEVELOPER hereby authorizes C1TY, at CiTY's option, to perform the work twenty (20)
days after mailing written notice of def�nll to DEVELOPER and to DEVELOPER's surety, and
agrees to pay the cost of such work by CITY. Should CITY determine that an urgency
requires repairs or replacements to be made before DEVELOPER can be nodfied, CTTY may,
in its sole discretion, make the necessary repairs or replacement or perform the necessary work
and DEYELOPER shall pay to CITY the cost of such repairs.
(13) 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
environmental law. Neither DEVELOPER nor any third party will use, generate, manufacture,
produce, or release, on, under, or about the property to be dedicated, any hazardous substance
except in compliance with all applicable environmental laws. DEVELOPER has not caused or
permitted the release of, and has no knowledge of the release or presence of, any hazardous
substance on the pmperty 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 ta be dedicated has not resulted in the
release of any hazardous substance on the property to be dedicated. DEVELOPER shall give
pmmpt written notice to CTTY at the address set forth herein of:
(a) Any proceeding or investigation by any federal, state or local governmental
authority with respect ta the presence of any hazardous substance on the property to
�ss.o�rns��4o.i 12
be dedicated or the migration thereof from or to 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 from any hazardous
substance;and,
(c) DEVELOPER's discovety af any occurtence or condition on any property
adjoining in the vicinity of the property to be dedicated that could cause the
property to be dedicated or any part thereof to be subject to any restrictians on its
ownershig,occupancy,use for the purpose for which is it is intended, transferability
or suit under any environmental law.
(14) Other Agreements. Nothing contained in this Agreement shall preclude CTFY from
expending monies pursuant to agreements concurrendy 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 CTTY
ordinances providing therefore,nor shall anything in this Agreernent commit CTTY to any such
apportionment
{15) DEVELOPER'S Obligation to Warn Public During Construction Until formal final
acceptance of the improvements, DEVELOPER shall give good and adequate waming 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.
(16) Vesting oP Ownershi� Upon formal final acceptance of the work by CTTY and
recordation of the Resolution of Acceptance of Public lmprovements, ownership of the
impmvements constructed pursuant to this Agreement shall vest in CITY.
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(17) Fin�l Acceptance of Work. Acceptance of the work on behalf of CITY shall be
made by the City Council apon recommendation of the Cily fingineer after final completion
and inspection of ail improvements. The City Council shall act upon the Engineer's
recommendation within sixty (60) days from the date the City Engineer certifies that the work
has been finally completed, as provided in Section (6). Such acceptance shall not constitute a
waiver of defects by CITY.
(18) Indemnit,�/Hold Harmless. CITY or any of�cer 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 harmless
CITY, it�s officials,boards and commissions,and members thereof,agents and employees from
any and all clairns, demands, causes of actian, liability or loss of any sort, because of, or
arising out of, acts or omissions af DEVELOPER, its agents, employees, contractors and
subcontractors in the performance of this Agreement,except for such claims, demands, causes
of action, liability, or loss arising out of the sole active negligence of the CTTY, its officials,
boards, commissions, the members thereof, agents, and employees, including all claims,
demands, causes of action, liability, or loss because of, or arising out of, in whole or in part,
the design or construction of the improvements. This indemnification and agreement to hold
harmless shall extend to injuries to persons and damages or taking of property resulting from
the design or construction of said DEVELOPMENF,and the public improvements as provided
herein, and in addition, to adjacent property owners as a cansequence of the diversion of waters
from the design and construction of public drainage systems, streets and other public
improve �ents. Acceptance by CTTY of the improvements shall not constitute an assumption by
C1TY of any responsibility for any damage or taking covered by this Section. CTTY shall not be
�.o�ns��eo.i 14
responsible for the d�ign or cunstruclion of the property to be dedicated or the improvements
pursuant to the approved improvement pians 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 r�yuired by CITY over written objection by DEVELOPER submiued 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 improvemen�S,the DEVELOPER shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction defect;
however,DEVELOPER shall not be responsible for routine maintenance. Provisions of this
Section shall remain in full force and effect for ten(10)years following the acceptance by CITY
of the improvements. It is the intent of this Section that DEVELOPER shall be responsible for all
liai�ility for design and construction of the improvements installed or work done pursuant to this
Agreement and that CTTY 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 C1TY for all costs and eapenses(including but not limited
to fees and chazges of architects,angineers,attorneys,and other professionals,and court costs)
incurrEd by CTTY in enforcing the provisions of this Section.
(19) Personal Nature of DEVELOPER'S Obli ations AIl of DEVELOPER's
obligations under this agreement aze and shall rernain the personal obligations of
DEVELOPER notwithstanding a transfer of a11 or any part of the property within the
DEVELOPMENT subject to this Agreement, and DEVELOPER shall not be entitled to assign
�.o�s�eo�o.� 15
its obligations under this Agreement to any transferee of�ill or any part of the property within
the DEVELOPMENT or to any other third party without the express written consent of CITY.
(20) Sale or Disposition of DEVEIAPMENT. 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 reqnest 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 ihe work or improveraent done by
DEVELOPER.
(21) Time of the Essence. Time is of the essence in the performance of this Agreement.
(22) 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 nat affect
the validity of this Agreement or release the surety or sureties on any security given for this
Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause
has been shown to endtle DEVELOPER to an extension. Delay, other than delay in the
cornmencement of work, resulting from an act of CITY, act of God, or by storm or inclement
weather,strikes, boycotts or similaz political actions which prevents the conducting of work,which
DEVELOPER coald not have reasonably foreseen and, furthermore, were not caused by or
contributed to by DEVELOPER, shall constitute good cause for and extension of the time for
compledon. As a condition of such extension, the City Engineer may require DEVELOPER to
99999.p9999157603d0.1 26
furnish ncw security guarunteeing 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.
(23) No Vestin�of Ri�h�c. Performance by DEVELOPER of this Agreement shall not be
construed to vest DEVELOPER's rights with respect to any change in any zoning or building
law or ordinnnce.
(24) Notices. All notices reyuired 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 @ate 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�led with the City:
Notice to CTTY: City of Palm Desert
73-510 Fred Wazing Drive Palm
Desert,California 92260 Attn:
Public Works Director
Notice to DEVELOPER: ���� CoM,/�N;-ts
S ;�-�. 2,0 0
' s C
Notice to SURETY:
(25) Compliance With Laws. DEVELOPER, its agents, employees, contractors and
subco�tractors shall comply with all federal, state and local laws in the performance of the
improvements and land development work required by this Agreement.
�.o�s�6o�o.� i7
(26) Sever�abilitv. The provisions of this Agreement �re severable. lf any portion of this
Agreement is held invalid by a court of competent jurisdicdon, the remainder of the agreement
shall remain in full force and effect unless amended or modified by the mutual consent of the
parties.
(27) Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit,exemplify,or aid in the interpretation,construction
or meaning of any provisions of this Agreement.
(28) Liti�ation or Arbitration. In the event that suit or arbitration is hrought to enforce
the terms of this Agreement, the prevailing party shall be entitled to litigation costs and
reasonable attorneys' fees.
(29) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated
into in the terms of this Agreement.
(30) Entire Agreement. 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 Agceement must be in writing and signed by the appropriate representatives of the parties.
(31) Interpretation. This Agreement shall be interpreted in accordance with the laws of
the State of Catifornia.
{32) Jurisdiction. 7urisdiction of all clisputes over the terms of this Agreement shall be
in the County of Riverside,State of California.
�.o��s�bo�no.y 18
W WITNESS WHEREOF,this Agreement is executed by the parties as of the date
hereinabove first written;by C1TY,by and through its Mayor.
THE GN COMPANIES
CITY OF PALM DESERT
D ELOPERS ,D o G!(�q-� /�.g-�-,�v �,�
�'G� ��i6-S/Dd-.v�"'
By:
DEVELOPER MAYOR
ATTEST
C RK
APPROVED AS TO FORM:
�: : � .
�
CTTY A� 4� Y
�.o�s�6o�o.� lq
CALIFORNlA AL4PURPOSE ACKNOWLED6MENT
r.r:r.�.�c.rc,r.�ar:c�c�.t�.�a,c:c.r.�c�„t�c,Ptc.r:cartc�.�c.r.N.t�csc!r.r�cst�.t:�csrs�t�sc.a:c�.r:o.r:c�.r:c.rso.�.r.�r.,t�c,ts�,�:c�„e:c,�;c�wa,�ca:r•.c�:c�.�;c>.r:c.r:c.c�c�.��c„rs.�
�
� State of Califomia
�
� County of �iverside
� On E�l���l � ��'��� M. (;. Sanchez, Natary Public
� �t before me, _ ,
ie Hsre r»sn rame m�a�d.a a,. _ �
� personally appeared Robert A. Spiegel --- �-
Nams(s)o!Slp�sr(s)
� .---"-''.... ' .
�
�� who proved to me on the basis of satisfactory
evidence to be the person(� whose name(� is/�@
� subscribed to the within instrument and ac�cnowledged
� to me that he/�j�► executed the same in
� his9mdt$t'�it authorized capacity�, and that by
'� M.G.sANCHEt his�' signature(� on the instrument the
� Commis�ton�1808339 l��n(�, or the entity upon behalf of which the
Noary Public-Cultornl� psrson(�acted,executed the instrument.
� Riwrside Count�r
� Comm.Ex iros oct 29,2014 I certify under PENALTY OF PERJURY under the
'� laws of the State of Califomia that the foregoing �
� paragraph is true and correct.
�
� WlTNESS my hand and off�cial seai.
�. ,�
� �
� S�gna���
� �.riaery s.a��eoY. �.i�r.a eno
opnoaAc
� Though nre intamanon bekw is not req�red by/aw,N may pro�e valuabAs ro p sons rery�i on n�a rr�
� and oadd pre�enf traudulent removal ar►d riae�d�u�eM�HKs torm 1 �otlrer
� rae
DescNption of Attached Document ~�
,� Title or Type of Documer�t:.Ti�1�Jf06��,r�F 1�ri�cu�rtf -.�-�{lK3-r�-e�=h��a��ir��Q'. �p/o-.30��w��
DocumeM Date: �7��U/�, a�UJ� Number of Psges:
�
Signer(s)Other Th�Named Above:
Capacity(iss)Claimed by Stgner(s)
Signer's Name: Robert A. Spiegel Signer$Name;
O Corporate OtBcer—TiUe(s): ❑Corpo�ate Officer—Title(s):
C�1 Individuai p Indhridual /
❑ Pahner--�l.imieed �General ToP o�m�nn nme C1 Partner—fl Umfted ,�]General rop a ux�ma
O Attomey in Fact � C]Attomey in Faci '
r
Cl Trusbee O Trustee
O Guardfan or Consen�ator O Guardian or Canservator
� Otl�er. MA�r t�Other. ,
Signer Is Represendng: Signer Is RepresenUng:
Citq of Palm Asaert
o a000�ruaw Nowy�..odwon•�owy.o�y•,�eoo-us Nar�mr n� pan�
. . ,
STATE OF CALIFORNIA �
COUNTY OF RNERSIDE �
.
On Feb 10,2012 before me,Crvstal A. Dennis, Notary Public,personally appeared DouQlas
Ma on, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by his/herhheir signature(s)on the
instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WTfNFSS my haad and official seal.
f'`.�
f - CRYSTAL A. DENN{S
` �' COMM.#1809268
Signature: .. (�) "oT�oe.�.ro�u�
Mr comm.�e.n�.n,zo�2
�.o�ns�6o�o.�
� �' � CITY OF PALM DESERT
73-510 Fred Waring Drnre
Palm Desert, Califomia 92260-2578
Tel: 760 346-0611 Fax: 760 341-7098
info�ualm-desert.org
BONDS AND FEES SUMMARY
PROJECT: DMV Petmit Fees DATE: August 30,2011
B NDS
Faithful Performance . . . . $ 21,570.00
Labor and Materials . . . . $ 90,785.00 .
Channel Lining . . . $ 102,880.00
Bike Path . . . . $ 64,220.00
R FUNDABLE ASH D P TS
PM10 . . . . . $ 4,40Q.00
S
Plan Check . . . . . $ 1,078.00
Inspection . . . . . $ 2,495.a0
Signalizatian . . . . . $ 5,640.00
Drainage . . . . . $ 2,200.00
Haul Raute Wear&Tea� . . . . $ 22,56Q.00
TOTAL FEFS $� 33,873.00
Prepared By: C. CANALES Checked By:
5047
� � �
�,. *� .
i ,�� a�
i z;
a �2q/I I. $32 355
—�Ctt�md� !II L� �
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S � �p�s��- r omY ro-
� �4Z
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. .'(ilt . . . .
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t1i i;�i, �a,�_ � � � � � �
rar �c i_?c� s, ,
, �
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���, v��t,�z� �
. �
A p�'011�.1 /Re�P�S�e, b
y �'ubl�t _t�Jdrr�.,
�32,35S .
'�I a-mur�bor»c� �Ve
R�Yerst de� � q�r�scufe 2ao
itpe►-: Ck tYPE� Ai. UraMer: 1
Da#r: Y/23J11 8� keceip# no: 33i8
iD t+�t ��It 1 i.�t3.i�.�8
Trans nuRt�er: ,?�'3�61
�(IFtE TEN4ER
Trans date: yi2y/fi 7Yte; j�;35;'s7
SITE PLAN FOR QNIV AND LOT B (CHANNEL)
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Legend ��
1:3,334
— Circulation Network - Streets
a
(_� City Boundary ❑ Parceis(1/2042)
Notes