HomeMy WebLinkAboutRelease Security Tract 33018 Pele DevelopmentCITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST
SUBMITTED BY:
�
RELEASE SECURITY FOR PELE DEVELOPMENT L.P. (TRACT
33018)
Mark Greenwood, P.E., Director of Public Works
APPLICANT: Arch Insurance Group
Maria Vargas
135 No. Los Robles Avenue
Suite 825
Pasadena, CA 91101
BOND NO.:
DATE:
CONTENTS:
Recommendation
SU 5016964
April 25, 2013
Agreement
Bonds
Vicinity Map
By Minute Motion, release security for Pele Development, L.P. (Tract
33018).
Backqround
The subject property is located at the northwest corner of Portola Avenue and Frank
Sinatra Drive. A faithful performance and labor and materials bond was posted for
construction of various public improvements in 2005. In 2009, Public Works staff did a
final inspection of the project and deemed it complete. The faithful performance and
labor and materials bonds were held for one-year in lieu of maintenance bond submittal.
Staff has recently re-inspected this project to insure that all improvements remain as
they were originally accepted in December 2009. The one-year maintenance period is
now complete and staff recommends that the City Council authorize the release of the
faithful performance and labor and materials bonds.
Staff Report
Release Security for Pele Development L.P. (Tract 33018)
Page2of2
April 25, 2013
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By:
��
�hr��i� C?��;�
Christina Canales, Assistant Engineer
aul S. Gibson, Director of Finance
' • !.
Wohlmuth, City Manager
Depart�r+ent Hea�ii
Mark C�- enwood, P.E.,
Director�f Public Works
CITY COUNCILACTtON
APPROVED ✓ DF.NIF,D
RECEIVED OTHER
MEETING DATE �-�� -� O � 3
AYES: �� �.��1 %��/I i- li)��ier i%L�'ni K
NOES: n tn�► � _ ,
AB5ENT: � � n � - •
ABSTAIN: ��hn�
VF.RIFIED IiY: R,D k lrU
Origina► on File with City Clcrk's t�ftice
November 7, 2005
Ms. Lauri Kibby
Pel� Develapment, LP
11349 Bolas St�eet
Los Angeles, California 90049
Dear Ms. Kibby:
���� E P �
73-5 � O FRED WARING DR[VE
PALM DESERT, Cn�.t�oxrtin gazbo-2578
TEL:76o 34b—obi�
xnac: 760 340-0574
infnC�palm-deserc.org
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Subject: Tract Map No. 33018 - Subdivision Improvement Aqreement
At its regular meeting of October 33, 2005, the Palm Desert City Council adopted
Resolutian No. 05-83, approving the Subdivision lmprc�vement Agreement for Tract Map
No. 33018 and authorizing the Mayor to execute same.
Enclosed for yaur records is a fu{ly executed copy of the subject agreemenf. !f you have
any questioris or require any additional information, please do nat hesitate to contact us.
Sincerely,
.��
.. r ,���� �,�.- ,rr!� .�
RACHELLE D. KLASSEN, CMC
CITY CLERK
RDK:mgm
Enclosure �as noted)
ec: Mark Greenwood, City Engineer
C�E��1�/��
l�10� � � ��D.�
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SUBDIVISf�N IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: % , 20
NAME OF SUBDlVIDER: �P.��e �eu24p �,��� ��
(referred to as "SUBDIViDER' J�.
NAME O� SUBDiViSION: ��� �1��-' No. of Lots_ '�
(r�ferred io as "SUBD[VISION"}.
TENTATIVE MAP RESOLUTION OF APPROVAL NO.: Z� I`2� (TM No: '33� �
(referred to as "Resolution af Approva!'"}
IMPROVEMENT PLANS APPROVEO ON:
(referred to as "Improvement Pians"}.
ESTIMATED T�TAL COST OF IMPROVEMENTS:$ ��?�,�G �►� Q�
ESTIMATED TOTAL COST OF (IIIONUMENTATION: 5�r�c�C�
SURETY:
BOND N4S: `3V rJD i�o� l.v�
SURETY:
-OR-
IRREV�CABLE STAND-BY LETTER OF CREDIT NO.
FINANC(AL lNSTfTUTIQN:
-OR-
CASH/CERTIFICATE QF DEP�SIT, AGREEMENT DATED:
FINANCIAL (NSTITUTION:
This Agreement is made and entered into by and between the City of Palm Desert, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and the
SUBDIViDER.
RECITALS
RMPUBIDlE1I597
A. SUBDIVIDER has presented to CITY for approval and recardation, a fnai ,�
subdivision map of a proposed SUBDIVISiON pursuant to provisions of the Subdivision
Map Act of the S#ate of California and the CITY's ordinances and regulations relating to the
filing, approval and recordation of subdivEsion maps. The Subdivision Map Act and the
CITY's ordinances and regulations relating to the filing, approval and recardation of
subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws".
B. A tentative map of the SUBDIVtSiON has been approved, subject to the
Subdivision Laws and to the requirements and conditions contained in the Resolution of
Approval. The Resolution of Approval is on file in the Office of the Ci�y Cferk and is
incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a
final map that SUBDIVIDER must have comp[ied with the Resolution of Approval and must
have either (a) compieted, in compliance with CITY standards, ail of the improvements and
land development wark required by the Subdivisian Laws or the Resolu#ian of Approval or
(b) have entered into a secured agreement with CITY ta comp(ete the improvements and
iand development within a period of time specified by CITY.
D. In consideration of the appravaS of a final map for ihe SUBDIVISfON by the
a
City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER
promises to install and camplete, at SUBDIVIDER's own expense, all the public
improvement wark required by CITY in connection with the proposed SUBDIVISION.
SUBDIVIDER has secured this Agreement by improvement security required by the
Subdivision Laws and approved by the Ciry Attarney,
RMPU810JE11597 - 2 _
E. Compiete Improvement Plans for the construction, installation, and _
completion of the improvements have been prepared by SUBDIVlDER and appraved by the
City Engineer. The Impravement Plans numbered as referenced previously in this
Agreement are on file in the O�ce of the Ci�y Engineer and are incorporated into this
Agreement by this reference. All references in this Agreement fo the Improvement Plans
shall include reference to any specifications for the improvements as approved by the City
Engineer.
F. An estimate of the cost for consiruction of the public improvements and
performing land development work in connection witF� the improvements according to the
Improvement Plans has been made and has been approved by the Ciijr Engineer. The
estimated amount is stated on Page 1 of this Agreement. The basis far the estimate is
attached as Exhibit "A" to this Agreement.
G. CITY has adapted standards far the construction and installation of
improvements within the CITY. The Improvement Plans have been prepared in
conformance with CITY standards in effect on the date of the Resolution af Approval.
H. Al( public improvement monurnents, street signs, and stakes as specified on
the frnal map are to be compieted prior to final forma! accepfiance by fhe City Council.
Individual property monumen#s must be installed within one year from the formal final
Cauncil acceptance of said SUBDIVISION.
I. SUBDIVIDER recagnizes that by approval af ths fina! map for SUBDIVISION,
m
ClTY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease,
ar finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of
the cost of instal(ation of the improvements by SUBDIVIDER's faiiure to p�rfarm its
obligations to commence construction of the impravements by fihe time estabiished in this
RMPUBIDJEU591 - 3 -
Rgreement. CiTY shall be entitied to aii remedies availabie to it pu�suant to this Agreement .,._
and law in the event of a default by SUBDIV(DER. It is specifcally recognized that ihe
determination of whether a reversion to acreage or rescission of the SUBDiVIS(ON
constitutes an adequate remedy far defauft by the SUBDIVIDER shal! be within the sole
discretian of CITY.
NOW, THEREFORE, in consideration of the approval and recordation by the City
Council of the final map of the SUBDIVISION, SUBDIViDER and CITY agree as follows:
(1) SUBDiVIDER's Obliqation to Construct Improvements.
SUBDIVIDER shafl:
(a) Comply with all the requirements of the Resolution of Approval, and
any amendments thereto, and with the �rovisions of the Subdivision Laws.
(b) Complete afi SUBDIVIDER's own expense, all the public improvement
work required by fhe Resolution of Approval in conformance with approved lmpravement
Plans within ane year from date of executian of this Agreement; pravided however, that the
improvements shall not be deemed to be compfeted until accepted by City Counci! as
provided in Section (17) herein.
(c) Furnish the necessary materials for completion of the public
improvemen#s in canformity with the Improvement Plans.
{d} Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-
of-way, easements and other interests in real properiy for construction and installation of
the public improvements, free and clear of all liens and encumbrances. The
SUBDIVlDER's obligafions with regard to acquisition by CITY of off-site rights-of-way,
easements and other interests in real �property shall be subject #o a separate agreement
between SUBDIV[DER and CITY. SUBDIVIDER shafl also be respansible for obtaining any
Rn�rua�o���s9� -4 -
pubiic or private sanitary sewer, dvmestic waier, drainage, and/or ufili#y easements or _
authorization to accommodafe the SUBDIVISlON.
(e) Commence construction of the improvements by the time estabfished
in Section (22) of this Agreement and complete the improvements by the deadline stated in
Section (1)(b) above, unless a time extension is granted by the CITY as authorized in
Section (22}.
(f} lnstall a{I SUBDIVISlON public improvement monuments required by
iaw and prior to formal final acceptance of the public improvements by CITY. individua!
property monuments shall be installed within ane year of said acceptance.
(g) Instali street name signs conforming to CITY standards. Permanent
street name signs shall be installed before acceptance of the improvements by C(TY.
(2} Acauisition and �edication of Easements or Riqhts-of-Way. If any of the
public improvement anc! land use development work contemplated by this Agreemeni is to
be constructed or installed on land not owned by C[TY or SUBDIVIDER, no construction or
installation shall be commenced befare:
(a} The offer of dedication to CITY of appropriate rights-of-way,
easements or other interests in real property, and appropriate authorization from the
property owner to allaw construction or installation of the improvements or work, or
(b) The dedication to, and acceptance by, CITY of apprapriate rights-of-
way, easements or other interests in real property, as determined by the City Engineer, or
n
(c} The issuance by a court of competentjurisdiction pursuant to the State
Eminent Domain Law of an order vf possession. SUBDiVIDER shall camply in a!I respects
with the order of possession.
ttMPUB\DIE11597
—'rJ-'
Nothing in this Section (2) shall be construed as authorizing or granting an extension _
of time to SUBDIVIDER.
(3} Securitv. SUBDIVIDER sha(I at all times guarantee SUBDIVIDER's
performance by furnishing to CITY, and maintaining, good and sufficient security as
required by the Subdivision Laws on forms approved by CITY for the purposes and in the
amounfis as follows:
(a) to assure faithful perFormance of this Agreement in regard to said
improvements in an amount of 100% of the estimated cost of the improvements; and
{b) to secure payment to any contractor, subcontractor, persons renting
equipment, or furnishing labor and ma#erials for the improvements required to be
constructed and installsd pursuant to fihis Agreemeni in the additianal amaunt o€ 50% of the
estimated cost of th� improvements; and
(c} to guarantee or warranty the work done pursuant to this Agreement for
a period of one year following acceptance thereof by CITY against any d�fective work ar
labor dane ar defective materials fumished in the additional amaunt of 10% of the
estimated cost of the improvements; and
(d) SUBDIVI�ER shall also furnish to CITI' good and sufficient security in
ti�e amount of one hundred percent (10Q%} of the estimated cosi of setting SUBDIVlSIQN
monumenis as stated previously in fhis Agreement in Section (1){f} far a period of one year
plus thirty (3Q) days from formal acceptance by the City Council.
The securities required by this Agreement shalf be kept on file with the Ci#y Clerk.
The terms of the security dacum�nts referenced on page � of this Agreement are
incarporated into this Agreement by this reference. If any security is re�laced by another
RMPUB�D7E1t597 - 6 -
approved security, the replacement shall:1 } compiy with al( the requirements for securiry in _
this Agreement; 2) be provided to the City Engineer to be fi(ed witii the City Clerk and; upon
filing, 3) shali be deemed to have been made a part of and incorporated into fhis
Agreement. Upon provision of a replacement security with the City Engineer and filing of a
rep[acement security with the City Cler[c, the former security may be released.
(4) Alterations ta Improvement Pians.
{a) Any changes, alteratians or additions ta the lmprovement Plans not
exceeding ten percent (10%} of the ariginal estimated cost of the improvements, which are
mutually agreed upan by CITY and SUBDIVIDER, shall not relieve the improvement
security given for faithful pertormance of this Agreement. In the event such changes,
alterations, or additions exceed 10% of the original estimated' cost of the improvement,
SUBDIVIDER shall provide improvement security for faithfui performance as required by
Section (3} of #his Agr�ement for one hundred percent (900%y of fhe total estimated cost of
the improvements as changed, altered, or amended, minus any completed partial refeases
allowed by Section (6) of this Agreement.
(b� The SUBDIVlDER shali construct the improvements in accordance
with CITY standards in effect at the time of adop�ion of the Resalution of Approval. CITY
reserves the right #o modify the standards applicable to the SUBDIVISI4N and this
Agreement, when necessary to profiect the public safety or welfare or compfy with
applicable state or federal !aw or C1TY zaning ordinances. If SUBDIVI DER requests and is
granted an exiension of time for compleiion af the improvemenis, CITY may apply the
standards in effect at ihe time of the extension.
RMPU8IDJEUS97 _'� _
(5} lnspection. SUBDIVIDER shall at all times maintain proper facilities and safe _
access for inspection of fhe public improvements by CITY ins�ectors and to the shops
wherein any wark is in preparafion. Upon completian of the work, SUBDlVIDER may
request a final inspection by the City Engineer, or the City Engineer's authorized
representaiive. if the City Engineer, or the designated representative, determines that the
wark has been completed in accordance with this Agreement, then the City Engineer sha[I
ce�tify the campletion of the pubiic improvements ta the City Council. No improvements
shall be fnally accepted by the City Council unEess ali aspects af the work have been
inspected and completed in accordance with the Improvement Pfans. UVhen applicable law
requires an inspectian ta be made by City at a particular stage of the work of constructing
and installing such improvernents, CITY shall be given timely natice of SUBDIVIDER's
readiness for such inspectian and SUBDIV[DER shall not proceed with additional woric until
the inspection has been made and the work approved. SUBDIVIDER shal( bear all costs of
inspection and certification. No improvements shall be cieemed comp[efed until accep#ed
by the City Council pursuant to Sectian {17} herein.
(6) Release af Securities. The securities required by ihis Agreement shall be
reieased as following:
(a) Security given for faithful performance of any act, obligation, work or
agreement shall be released u�on the final complstion and acceptance of the act or wor[c,
subjec# to the provisions of subsection (b} hereaf.
(b) The City Engineer may release a portion of the seeurfty given for
faithfu( performance of improvement work as the improvement progresses upon application
thereof by the SUBDiVIDER; provided, however, that no such release shalf be for an
amount less than twenty-five percent (25%) of the total improvement security given for
RMPUBiDIE1I597 _ $ _
faithful performance of the improvement work and that the securify shal[ not be reduced to _
an amount less than frfty percent (50%) of the total improvement security given for faithful
performance until final completion and acceptance of the impravement work. In no event
shall the City Engineer authorize a release of the improvement securi�y which would reduce
such security to an amount below tha# required to guarantee the completion of the
improvement work and any other obligation impased by this Agreement.
{c) Security given to secure payment to the contractor, his or her
subcontractors and to persons fumishing labor, materials or equipment shall, at six {6)
months after completifln and acceptance of the work, be reduced to an amount equal to no
less than 125% of the �otal claimed by all claimants for whom liens have been filed and of
which notice has been given to the CITY, plus an amount reasonably determ[ned by the
City Engineer to be required to assure th� p�rformance of any other obligations secured by
the Security. The balanc� of the security shall be released upon the settiement of all claims
and ab[i�ations fo� which the security was given.
(d} No security given for the guarantee or warranty of wark shall be
released until #he expiration of the warranty period and unti{ any claims filed during the
warranty period have been settled. As provided in Section (10), the warranty period shall
not commence until farmal final acceptance af all ihe work and im�rovements by the City
Council.
(e) C1TY may retain from any security released, an amount sufficient to
cover cflsts and reasonable expenses and fees, including reasonable attorneys' fees.
(7) Iniury ta Public Imaravements, Pubfic Prapertv ar Public Utilities Facilities.
SUBDIVIDER shall repiace or repair or have repEaced or repaired, as the case may be, all
public improvements, public utilities facilities and surveying or subdivision monuments
RMPUB1DlE11597 - 9 -
which are destroyed or damaged as a result of any work under ihis Agreement. �
SUBDIVIDER shall bear the entire cost af r�:placement or repairs of any and aIl public or
public uiility 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 Caiifornia, or any agency or political subdivision thereof, or by CITY or any
public or pr�vate utility corporation or by any combination of such owners. Any repair or
replacement shall be to the satisfaction, and subject to the appraval, of the City Engineer.
{8} Permits. SUBDlVIDER shall, at SUBDIViDER's expense, obtain all
necessary permits and licenses for the construction and installation of ihe impravements,
give afl necessary notices and pay all fees and taxes required by law.
(9} Default of SUBDiVIDER.
(a} Qefault of SUBDlVIDER shall include, but not be limitec! to,
(1} SUBDIVIDER's failure to timely co►nmence construetion of this
Agreernent;
(2) SUBDiVIDER's failure to timely complete construction of the
improvements;
(3) SUBDIVIDER's failure to timely cure any defect in the
improvements;
(4) SUBDIVIDER's failure to perform substantial construction wark for
a period of twenty (20) calendar days after comrnencernent of the work;
0
(5} SUBDIViDER's insofvency, appointment of a receiver, or the f�ling
of any petition in bankruptcy either voluntary ar involuntary which SUBDIVIDER fails to
discharge within thirty (30) days;
RMPUB�DiF11597
����
(6� the commencement of a foreclasure action against the _
SUBDiV(SION or a portion thereof, or any conveyance in lieu or in avoidance of
foreclosure; or
(7} SUBDIVIDER's fai[ure to perForm any other obligation under this
Agreement.
(b) CITY reserves to itself ali remedies available to ii at law or in equity for
breach of SUBDIVIDER's obligations under this Agreement. CITY shalE ha�e the right,
subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's
damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize ihe
security is additiona{ �o and not in lieu af any other remedy available to CITY. !t is
specifically recognized that the estimated costs and security amounts may nat reflect the
actua! cost of canstruction or installatian of the impro�ements and, therefare, CITY's
damages for SUBDIVEDER's default shall be measureci by the cost of completing the
required improvements. The sums prowided by the impravement security may be used by
CITY for the completion of the public improvements in accordance with the improvement
plans and specifications contained herein.
In the event of SUBD1ViDER"s default under this Agreement, SUBDIVIDER
authorizes CITY to perform such obligation twenty (2Q) days after mailing written notice of
default to SUBDIVIDER and to SUBDIViDER's surety, and agrees to pay the entire cost of
such pertormance by CITY.
CITY may take over the work and prosecute the same to compietion, by cantract or
by any ather method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or
damages accasioned CITY thereby. In such event, C(TY, withaut iiabiiiiy for so doing, may
RMPUBIDlEll597 - � 1-
take possession of, and utilize in completing the work, such materials, appliances, p[ants _
and other property belonging to SUBDIVIDER as may be on the site o# the work and
necessary for perFarmance of the work.
(c) Failure of SUBDIViDER to comply with the terms of this Agreement
shall constitute consent to the filing by CITY of noiice of viofation against alf the fots in the
SUBDlVIS10N, or to rescind the approval or otherwise revert the SUBDIVISION to
acreage. The remedy pravided by this subsection (c} is in addition to and not in lieu of
other remedies available to CITY. SUBDIVIDER agrees that ihe choice of remedy ar
remedies for SUBDiVIDER's breach shall be in the discretion of CITY.
(d} In the event #hat SUBDIVIDER fails to pertorm any obligation
hereunder, SUBDIVIDER agrees to pay ali costs and expenses incurred by CITY in
securing performance of such abligations, including but not limited to fees and charges of
architects, engineers, attorneys, other professionals, and court costs.
(e} The failure of CITY to take an enforcement action with respect to a
default, ar to declare a breach, shall nat be construed as a waiver of that defauEt or breach
or any subsequent default ar breach af SUBDIVlDER.
(10) Warrantv. SUBDNIDER sha(I guarantee orwarran�jr the wark done pursuant
to this Agreement for a period af one year after final formal acceptance of the
SUBDIVISiON by the City Council against any defecti�e work or labor done or defective
materials furnished. If within the warranty periad any work or improvement or part of any
work or improvement done, furnished, instal[ed, or constructed by SUBDIV{DER fails to
ful�!( any of the requirements of this Agreement or the improvement plans and
specifcafians referred to herein, SUBDlVIDER shall without delay and without any cost to
CITY, repair or rep(ace or reconstruct any defective or otherwise unsatisfactory part or
�,P�B,o,�,59, - i a -
parts of the wark or structure. Should SUBDIVtDER faii to act prompfly or in accordance _
with this requirement, SUBDIVIDER hereby authorizes CITY, at C1TY's option, ta perform
the work twenty (20} days after mailing written notice of default to SUBDIVIDER and to
SUBDIVI�ER's surety, and agrees to pay the cast of such work by C1TY. Should CITY
determine that an urgency requires repairs or replacemen#s to be made befare
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs
or replacement or perform the necessary wark and SUBDIVIDER shall pay ta CITY the cost
of such repairs.
(11) SUBD[VIDER Not Aqent of CITY. Neither SUBDIVlDER nor any of
SUBDIVIDER's agents, contractors or subcontractors are or shali be considered to be
agents of CITY in connection with #he pertormance of SUBDIVIDER'S obligations under
this Agreement.
{12} Iniury to Work. Until such time as the improvemenfis are accepied by CITY,
SUBDIVI�ER shail be responsible fflr and bear the risk of loss to any of the improvements
canstructed or installed. Until such time as all improvements required by this Agreement
are fully completed and accepted by C1TY, SUBDIVIDER will be respansible for ihe care,
maintenance af, and any damage to such impravements. CiTY sha(( not, nor shail any
officer or employee thereof, be liable Qr responsible for any accident, loss or damage,
regardless af caus�, happening or occurring ta the work or improvements specified in this
Agreement priar to the completion and acceptance of the work or improvements. All such
risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
(13) Environm�ntal Warrantv. Prior to the acceptance of any dedications or
improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to
be dedicated nar SUBDIVIDER is in violafiian of any environmental law and neither the
���,�,�59� - i � -
praperty to be dedicated nor the SUBDIVIDER is subject to any existing, pending or �
threatened investigaiion by any federai, state or local governmental authority under or in
connection with environmenta( law. Neither SUBDiViDER 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 compfiance with al! applicable
environmental laws. SUBDIVIDER has not causecf or permitted the release of, and has no
knawlsdge af the release or presence of, any hazardous substance on the property to be
dedicated or the migration of any hazardous substance from ar to any other praperty
adjacent to, or in the vicinity of, the property to be declicated. SUBDIVIDER's prior and
present use of the property to be dedicated has not resulted in the release of any
hazardous substance on the property to be dedicated. SUBDIV[DER shall give prompt
written notice to CITY at the address set forth herein of:
(a) Any proceeding or investigation by any federal, state ar locaf
governmental authority with respect to #he presence of any hazardous substance on the
property to be dedicated or the migration thereof from ar to any other property adjacent to,
or in the vicinity of, the property to be dedicated;
(b) Any claims made or ihreatened by any third party against CITY or the
property to be dedicated relaiing to any loss or injury resuliing from any hazardous
substance; and,
(c) SUBDfVIDER's discovery of any occurrence or condition on any
property adjaining in the vicinity of the praperty to be dedicated that could cause the
property to be dedicated ar any part thereof #o be subject to any restrictions on i#s
ownership, occupancy, use for the purpose for which is if is intended, transferability or suit
under any environmentai law.
RMPUB1BfE1k597 .. �4 _
(14) Other Aareements. Nothing cantained in this Agreement shall preclude CfTY �
from expending monies pursuant to agreements concurrently or previously �xecuted
between the parties, or from entering inta agreements with other subdividsrs for th�
apportionment of costs of water and sewer mains, or other improvements, pursuant to the
provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement
commit CITY to any such appartionment.
(15) SUBDIVlDER'S Obliaatian to Warn Pub[ic Durinq Construction. Until formal
final acceptance af the improvements, SUBDIVI�ER shall give good and adequate waming
to the pubiic of each and every dangerous condition existent in saiti improvements, and will
take all reasonable actions to protect the public from such dangerous conditian.
{16) Vestin4 of Ownershiq. Upon formaE final acceptance of the work by CITY and
recordaiion of fihe Resalution of Acceptance of Public lmprovements, ownership o€ the
improvements constructed pursuant to this Agreement shall vest in CITY.
(17} Final Accentance of Wark. Acceptance of the work on beha4f of CiTY sha[I be
made by the Ciiy Counci! upon recommendatian of the City Engineer after final completion
and inspection of all improvements. The City Council shall act upon the Engineer's
recommendation wi#hin sixty (60) days from t�e date the City Engineer certifies that the
work has be�n finaily completed, as pr�vided in Section (6). Sueh acceptance shall not
consti#ute a waiver of defects by CiTY.
(18) lndemnitv/Hold Harmless. CITY or any officer or emplvyee thereof shall not
be liable for any injury to persons or property occasianed by reason o# the acts or
omissions af SUBDIVIDER, its agents, or employees, contractors and subcontractors in the
perFormance ofthis Agreement. SUBDIVIDER further agrees #o protect, defend, indemnify
and hoid harmless CITY, its officials, boards and commissions, and members thereof,
��uew.rEus9� -15 -
0
agents and employees from any and ali claims, demands, causes of action, iiabifity or loss _
af any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, 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 o€ the CITY, its officia[s, baards, commissions, #he members thereof, agents,
and emp#oyees, including a(i claims, demands, causes of action, liabiiity, Qr loss because
of, or arising out of, in whoie ar in part, the design or canstruction of the improvements.
This indemnification and agreement to ho[d harmless shall extend to injuries to persons and
damages or taking of property resulting fram the design or construction of said
SUBDIVISION, and the public improvements as provided herein, and in addition, to
adjacent properiy owners as a consequence of the diversion of waters fram the design and
construction of public drainage systems, streets and other public improvements.
Acceptance by CITY of the improvemer�ts shall not constitute an assumption by ClTY of
any responsibility for any damage or taking covered by this Section. C{TY shal( not be
respansible for the design or construction of the praperty to be dedicated ar the
improvements pursuant to the approved improvernent plans or map, regardless of any
negligent action or inaction taken by CiTY in approving the plans ar map, unless the
particular improvement design was specifically required by CITY over written abjection by
SUBDIVIDER submitted to the City Eng'tneer before approva! of the particular improvement
design, which objection indicated that the particular improvement design was dangerous or
defective and suggested an alternative safe and feasible design.
After acceptance of the improvements, the SUBDIVIDER shall remain
obligated to eliminate any defect in design or dangerous condition caused by the design or
canstructian defect; however, SUB�IVIDER shall nat be responsible for routine
�uav�i�iss� —16 —
maintenance. Provisior�s af this Section shall remain in fu!! %rce and efFect for ten (10) _
years following the acceptance by CITY of the impravements. It is the intent af this Section
fhat SUBDIVlDER shall be responsib(e for all liability for design and construction of the
improvements installed or work done pursuant to this Agreement and that CITY shall nof be
liable for any negligence, nonfeasance, misfeasance or malfeasance in approving,
reviewing, checking, or 'snspecting any woric or constructian. The improvement security
shall not b� r�quired to cover ihe provisions of this Section.
SUBDlV(DER shall reimburse CiTY for all costs and expenses (including but not
limited to fees and charges of architects, engineers, attarneys, and other professionals, and
court costs) incurred by CITY in enforcing the provisions of this Section.
(19) Persona[ Nature ofi SUBD[VIDER'S Obliaations. All ofSUBDIVIDER's
obEigations under this agreement are and shall remain the personal obligations of
SUBDiVIDER notwithstanciing a transfer of all or any part of the properky within the
SUBDIVISIQN subject to this Agreement, and SUBDIVlDER shall not be entitled to assign
its obligatians under this Agreement to any transferee of all or any part af the property
�
within the SUBDIViSION or to any oiher third party without the express writt�n consent of
C1TY.
(20) Sale or Disaasition af SUBDIVISi�N. Seller or other SUBDIVIDER may
request a novation of this Agreement and a substitution of security. Upan approval of the
novatian and substitution of securities, the SUBDIVIDER may request a release or
red�action of the securities required by this Agreement. Nothing in the novation shall relieve
the SUBDIVI DER af ihe abligations under Section (18) for the work or impravement done
by SUBDIVIDER.
ttNtausu�»s9� —17 —
{21 } Time of the Essence. Time is of the essence in the performance of this _
Agreement.
(22) Time for Commencement of Work: Time Extensions. SUBDIVIDER shali
commence substantial constr�tction of the improvements required by this Agreement not
later than six (6) months after the date of this Agreement. In the event gaod cause exis�s
as determined by the Ciiy Engineer, the time for commencement af construction or
completion of the improvements hereunder may be extended far 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 wiihout notice to SUBDIVIDER's
surety and shaA not affect the validity of ihis Agreement or refease the surefiy or sureties on
any security given for this Agreement. The City Engineer shail be the sole and final judge
as ta whether or not gaod cause has been shown tn entitle SUBDIVEDER to an extension.
Delay, other than delay in the commencement of work, resulting from an act of CITY, act of
God, or by storm or inclement weather, strikes, boycotts or similar political actions which
prevents the conducting af work, which SUBDIVIDER cauld nat have reasonably foreseen
and, furthermQre, were not caused by or contrihuted to by SUBDIVIDER, shall constitute
good cause for and extension of the time for completion. As a condiiion of such extension,
the City Engineer may require SUBDIVIDER to furnish new security guaranteeing
performance of this AgrEement as axtended in an increased amaunt as necessary to
compensate for any increase in canstruction costs as det�rmined by the City Engineer.
(23} No Vestina of Riahts. Performance by SUBDIVIDER of this Agreement shall
not be construed to vest SUBDIVIDER's rights with respecfi to any change in any zoning or
building law or ordinance.
Rh1PUB1D1E11597 - 18 _
(24) Notices. All notices required or provideci for underthis Agreement shall be in _
writing and delivered in person or sent by mail, pastage prepaid and addressed as provided
in this Section. Natice shall be effeciive on the date it is delivered in person, or, if mailed, on
the date of deposit in the United States mail. Notices shall be addressed as fallows unl�ss
a written change of address is fled with the City:
Noiice to CITY: City of Palm Desert
73-510 Fred Waring �rive
Palm Desert, California 92264
Attn: PubEic Works Director
Notice ta SUBDIVIDER: 1�-�� �e-�o�M�' , u �
j U� 5. Sund'tS�. �c.-,
���� �
��v�S�rf�, � "7`?-7�0� ,/
�
Notice to SURETY: +f�� s � • �-
-�- �e�,,�r� � rt�+�c.�
t3�� (Zo�{e�,�4-�e , �-4:$2S
Q.tt.�r� _a C �i lto 1
(25) Compiiance Wi#h Laws. SUBDIVIDER, ifs agents, employees, contractors
and subconiractors shal{ camply with all federal, state and local laws in the perforrnance of
the improvements and land development work required by this Agreement.
(26} Severabilitv. The provssions of this Agreement are severable. lf any portion
of ihis P�qreement is held invalid by a court of competent jurisdiciion, the remainder of the
agreement shall remain in full force and effect unless amended or madified by the mutua[
cansent of the parties.
(27) Ca�fiions. The captions of this Agreem�nt are for convenience and reference
only and shall noi define, explain, modify, Iimit, exempli�y, or aid in the interpretation,
construction or meaning of any provisions of this Agreement.
Rn�mua��E�isv� _ 1 g _
(28) Litiaation�or Arbitration. In the event fhat suit or arbitration is brought to _
enforce fhe terms of this Agreement, the prevailing party shall be entitled to lftigation costs
and reasonable attorneys' fees.
(29) Incorporation af Recitals. The recitals to this Agreement are hereby
incorporated into in fhe ierms of this Agreement.
(30) Entire Aqreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter. All modiflcations, amendments, or waivers of the
terms of this Agreement musi be in writing and signed by the appropriate representatives of
the parties.
(31) interpretation. This Agreement shafl be interpreted in accordanc� with �he
laws of the State of California.
(32} Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall
be in ihe County af Ri�erside, State af Ca[ifornia.
111
///
/U
/J/
!N WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor.
SUBDIVIDER
CITY OF PALM DESERT
►u�eue�,�is9� — 2 0 —
� By: _ �/��_ _
���
SIJ���� � ���,, �IIAY
Proper Notarization af �L�
SUBD(V1DER's signature is
required and shall be attached)
ATTEST:
� � � � �i.► �
,-._• � �. � •-
% ?,
. �� .
�eue�ae��s9� .. 2 � _
STATE OF CAL(FORNIA
,�� ss
C�UNTY OF )
On�l�i�'i � , 20ag"6'efore me, a Notary Public in and for said State,
personaily a�peared�.,� ��� �ig6�/ , personaEly known ta me (ar proved to ma an 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/her/their signature(s) on the
instrument the person(s), or the entity upon behalf af which the person(s) acted, executed
tha instn imPnt
ti
--��
Maa�c. �,on�
�onan�sron � a s�xb
� -• Notary P�l�tc - CcNromlo y�
� I � An�eles Caunty [
MYCOmm. Expp�stlec � $. 2008/
�� i
.
/
RMPU81VCD17b0 _ 2 2 _
G/ NOTARY PUBLIC
C1TY OF PALM DESERT
73-510 FRED WARiNG DRIVE � " '
_ PALM DESERT, CAL.I�ORNlA 92260-2578 .
� TEL: {760y 776-6450 �
FAX: (760) 341-7098
��CHI Ta l-�" ;�`'
�
PROJECT: TR 33018 .PELE DEVELOPMENT DAT�:. .... .. 8/4/2Q05
."�c'� �.. �-' - N �;%.�'.�" ..�-�.'�'.���,'���e,, ,.�.'"'�-,.��:'��.�z:a � :..'a�-''�-�'.�!"��;,��r,�`a;:-- .,�.""' <.Y..��.::+v:�"<' . .�-�r`�:-a � 'y' . "�y
..• .. ,� �_, . _ .. ,...
or;rir�
, - ti.?fe�,.nn�`�f � r . .;,?:.:� . - ;��.::� s :a.,... _-'§,..,. 1„_.��^:..��.�.'�,��'?"�`�':''�#`,
''�B�JI�C�`S.-.. ' , �`_ _ ;.�,:.. - -.,�� ;-s: - �:�_ :�� ; ..�r.,�,>_:,.-•:_,
.,:"..,.. _ ...
� �-..... ...... ,....:.::...:_ _ _ _ . .,.. , _ _
. . ,ry....v��:s��,.z,.-�-�3.r.;.��s�--�....,,,.�...,.-..a'�'%-;r��":s';.--. �;:s'::�s�r..t.:a ,�ard.>'s'r•�s.i�S:s :-�:�- v;r?���b�r: ��;_�y:Kx::..�.... �`'tS` -�xx vc�. .._.4�r:
.r_ ,.:.�.: - . ... � � . .
...,.:. <....,.. `� -....s�`.,
.. . �..- 1 ..,.: � . _ �. �
. _ .<3L........x-n_,_....e.�'0"<.._w_,.,. ...r.,... ..._,.�.. ..... ..�'...� .. ,�....,.y:_..�,sx....,.ah.C=:::�:u.a:',r':: -..�..r _.. ..t',`�a-.,. ��_. ,.:.�L.3:?7�s.w. �...�:..��.'?s. _...
{A) GRADING (25% OF GRADING ESTIMATE) �. 109000� x 25% _� $27,250.00�
*25% of Engineers Grading Estimafe
(B)STFt�ETlMPR�VEMENTS �� ;...`>_::$343;2_16:00�
"100% of Enginesrs Estimate
-�� BOND TOTAL FOR FAITHFUL PERFORIVIANCE �� $370,466.00�
-�� BOND TUTAL FOR LABOR AND 1VIATERlAL �� $185,233.00�
�R��U'n��c�Bi�i������O:St� _ + .
(A) MONUMENTATION j`::::=-;�;`'`=°>:;"':�;�;.$5;UOOc00�
*Per Fnginaers Written Estimate
(B} PM10 - DUST CONTROL DEPOSIT �'�:' : _f3:000`;.; �'. � ACRES =� $OAO�
'"$2000 Per Acre
�� REFUNDABLE CASH DEPOSIT AMOUNT DUE �� $S,OOQ.00�
����:����� .
(A} APPLICATION PROCESSlNG FEE ( $959.00�
(B) FtNAL MAP �_:<<= ;::;_;'[$_A:::;�_�:-:�LOTS = ( $1,9Q6.00�
*Final Map Check Fee is $682 plus $68 per rot including lettered lots
MASS GRADING PLAN CHECK* _:;>': ;t+�lA_;`::�°;:� LOTS =� $0.00
ROUGH GRADING PLAN CHECK* _�.::.,;:;NI�.':;::::_:_. LOTS =( $0.00
PRECISE GRADtNG PLAN CH�CK�' -. �.::`:;::18;�';>:�:=_;;;°: LOiS =� $2,014.00
HYDROLOGY/HYDRAULICS PLAN CHECK iT��,; RY:'-,�:�=`:: (Y OR N) j $195.00
SWPPP/NPQES PLAN CHECK _�:'::` �":=:Y°'.�'�''�`�=`:. (Y OR N) � $278.00
*Grading Plan Check Fee is $9340 for Brst 8 lofs ptus $67 for each !ot over 8
HALF STREET IMi'R(?VEMENTS PLAN CH�CK* �: �_:1OQ0>;=:�'' � LF =j $780.00
FULL STREET IMPROVEMENTS PLAN CHECK� _ N(A'::<'> LF -� $O,OQ
' STORM DRAIN PLAN CHECK* ;:` :'.1000:�._;_ -.'. LF =� $1,340.04
SIGNtNG AND STRIPING PlAN CHECK �_;,";N`:_<'�'::>� '(Y OR N) $O.QO
TRAFFiC SIGIVAL PLAN CHECK ;:: :.:N;::::::;;: (Y OR N} � $0.00
"Street and Storm Drain LF taken from starting sfation fo ending sfafion on plarr (901J0' min}
TQTAL. PLAN CMECK FEES '" � $6,708.00
MfNUS ANY PLAN CHECK FEES PA1D � 435'f `'. :� � ($4,351.OQ)�
�� TQTAL PLAN CHECK FEES DUE
-�� $z,357.oa�
�
(Continusd on Page 2)
. �a� �t'� v�av � i � rr�: s�r �rn.�
r F'r�.im: $9,�2.00
CITY OF PALM DESEFtT
STANDARD FORM
- SUBDMSION
FAITHFUL PERFORMAwCE BOND
NAME 4F SUBDIVISI4N: � � . .
Pe1.e D�ve7.ogre�nt, L.P.
NAME 4F SUBDIVlDER: _ -
NAME OF SURETY: � �� C�v
EFFECTlVE DATE: �' 1�► �
AMOUNT OF BOND: ��� ��1► ��cl Fa�r I�dred Fcnrty Six mx� 00/100ths
�$37'U,466.OD)
'B�ND NUMBER: � ���+
PREMIUM: ���•�
KNOW ALt. MEN 8Y THESE PRESENT3: That the person, flmn,
corporatian, entity, ar otherwise, named an fine 2 above� withaut regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
namect on Line 3 above, a carporation authorized to do business ir� the State of
Califomia and presen�y possessed of suthority under T�le 6 of the United States
Code to do business uncler Sections 6 to 13 thereof, in the aggregate amounts
hereof, hereinafter ref�rred to as SURETY, are jointly and severally held and
firmly bound unto the City of Patm Desert, a municipal corporafian af the State of
Cafifomia, hereinafte� referred to as CITY, in the sum men�aned on irne 5
above, for the fai#hfu! pertormance of that certain SUBDtVlSION
IMPROVEI►AENT AGREEMENT between PRINCIPAL and CiTY regarding the
, subdivision namec! on line 9 abave, as required by the provisian of the
�U
,
Subdivision Map A�t and CI'fY ordinanc�s, resolutions, rules, and regulations, for
. . ,. � � ,
�
�
the payment oPwhich sums well and truly to be made, PRINCIPAL and SURETY
hereby bind themselves, their heirs, administrators, executors, successors and
assigns, jointly and severa(ly, firmly by these presenis.
The condition of the foregoing obiigation is such that if the said
PRINCIPAL shall faithfc�lly pertorm the covenants, conditions, and agreements
cantained in that certain SUBDIViSION IMPROVEMENT AGREEMENT between
PRINCIPAL and CITY regarding ihe subdivision named an UNE '[ o# Page 1
hereaf, which said agreement is by �his reference incorparated herem, on its part
to be kept and pertormed, in a manner and form therein specified, and shaEf
furnish material in compliance with #he specificadons and pertorm all #hat certain
work and improvement in said CtTY which is mare particula�ly described in said
SUBDIVISION IMPROVEMENT AGREEMENT, then the abligation with respect
to the fai#hful pert'ormance is by this reference incorporatec� herein.
The said SURETY, for value received, hereby stipulates and agrees that
na change, extension of iime, aiteration ar addi#ion to the terms of the
SUBDNiS10N 1MPR4VEMENT AGREEMENT or ta the work to be perFormed
thereunder or the specifications accompanying the same shall in anywise affect
its obligatians an this band, and it does hereby waive notice of any such change,
exiension af ame, aftera#ion or adttitian to the terms of the SUBDIVISION
[MPROVEMENT AGREEMENT, the work, the specifcations or any featur� or
item of performance thereunder. In the event it becomes necessary for CITY to
bring an aciion to enforoe this bond, SURETY shall pay CITY's reasonable
attorney's fees and court casts in connection therewith.
�..,
3
0
� tN WITNESS WHEREQF, PRINCIPAL and SURETY have executed this
instrument on the date mentioned on Line 4 of Page 1 hereof.
Pele Devel.ognezzt, L.P.
PRINCIPAL
� �
.,
JU����.��'C��.
PR NClPAL
��L"Z�17
SURETY
Arr1z 7r�anae C�azip�Y
�� ��
RayRoa�d E. Gei1, Attorr�yr- irrfact
(Nota�iai acknawiedgement of execufian by ALL PRINCiPALS and SURETY
must be attached:)
„,.�--, z� �....,�,,..r � _ -.-ti� ...,_ ,.��,�;:-,--�;
” �((� ' I�'-01t�IA��`��-.�'I2P.O5E:ACIfNQ1Ni�I�}Dtt1VTE�I.Tr-�;��;�s,:���.x e� 3� y .� ,.y��'��;��`',-�`. .
_ _� .� ._� :�,as.4_< �.,.r. ,... . .
State of California
County of Los Angeles
On y� a t�. Regina Rangel
NAME
personally appeared Ravmond E. Gail
NA3vifi OF SIGNER
❑Personally known to me - OR - ❑
��,: �.d � ��� �. . .. . , . .,�
..�"'w��`� �w+�►�a r�,a?�����.
�r, g7. f COMkI. #i3$6,�&9 �
� � 'W '�c�i:sryF'ublic�Callfornia tA
t� ANGELES Ct}UNTY �
� R�p L`amm. Exp. July 26, 20QG' �
;� i�� .Y " Y �� y Y�� 5.. o� y'�
Notary Public
TITLE OF OFFICER
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 aclrnowledged to me that
he/she/they execuied the same in his/her/their
authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s}, or the
entity upon behalf af which the person(s) acted,
executed the instrument,
W ESS my hand an offic' al.
� _
(SIGNATURE !�F AF�(Y)
OPTI�NAL
Though the data below is not required by law, it may prove valuable to persons relying on the dacument and could
pz'evetat fraudulent reattachment of this %rm.
CAPACITY CLAIMED BY SIGNER
� INDMDUAL
� CORPORATE OFFICER
TITLE(S)
-1
❑�
�
�
�
PARTNER(S) � LIlbIITED
� GENERAL
ATTORNEY-IN�FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DESCRIPTION OR ATTACHED D�CUMENT
TITF E OR TYPfi OF DOCUMENT
NUMBER OF PAGBS
DATE O� DOCUMENT
SIGNER IS REPRESENTiNG:
NAME OF PERSON(S) OR ENTITY(IES)
Arch lnsurance Company
SIGNER OTHER THAN NAMED ABOVE
�
CALI�ORNIA ALL-PU�POSE ACiCNOWLEDGMENT
State of CaNfornia
Couniy of �=�.veaf5 ic�.�.
ss.
On �,,�. t'�- 2.4�a�,,,_ before me, �n.•ro��•• �.l�tio�` No-�a.��t ��t�C„
pa�¢ ' Nama and Ti11e ol 0lfker (e.g., "Jane Doe. Na�ary Pu61
personally appeared �-avv'. 5� IC-i bby ,
Hmne(s) d s+9�+cg)
❑ personally known to me
E� praved to me on the basis of satisfactory
evidence
�1 NLI�A
Con�lon �►1641�66
�Y � - CaNbmis
R(v�nfdf CalMy
M�tCqwn.b�1����0: .
to be the person(�} whose namel�} is/a�e
subscrihed to the within instrument and
acknowledged to me that�e/she/t{aey executed
the same in -k�is/her/tlaeir authorized
capacity(i�}, and that by bEs/her/tlaeir
signature(a� on the instrumenf the person(s), ar
the entity upon behatf of which the person�
acted, executed the instrument.
WlTNESS my hand and officiai seal.
5��,�C o ,.►�
SI(pIB1Uf00 i':U18fyf�Il�IC
oFrronrac
Though the fnformalion 6elow fs not required by law, it may prove valuable to persons rslying on the dxument and could prevent
/raudulent removal and reaftachmertt Q/ thrs /orm to another documerrf.
Description of Attached Document
Titie ar 7ype of Document: � 0��-k'1�-F-�� �-eX-��r ww�tR�'�ov�c�
Document aate: `' �� a_ 1; 2ot�'.-�,
IVumbar of Pages: 3
Signer(s) Other Than Named Above: �,�v.+..c�..o` ��.-�c� : i
Capacity{ies) Ciaimed by Signer
Signer's Name:
� Indlvidual
� Corporate O�icer — Title(s):
D Partner—OLimited �General
❑ Attorney-in-Fact
O Trustee
O Guardian or Conservator
� Other:
� � . :•
Tap ot ttwmb here
Signer Is Representina:
+D t8g9 NaGcn� Hotary Assoriatipn • 9350 De So10 Ave., P.O. Borz 2W2 � Chnlswath, CA 91913�2d02 • w.vw.nglbneMptary.org Pmd. No. 59D7 Reader. C�i TOI1�Free 1-800$78{�627
POWER OF ATT�JRNEY
Know All Men By 7hese Presents:
That tbe Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having iis
principal office in Kansas City, Missourl (hereinafter referred to as the "Compan�') does hereby appoint
Adam Feinberg, Michaet G. Nail, Lawrence W. Carlstrom, Raymond P. Gail, Michael E. Cundiff, R.G. Park, Susan E.
Morales, George A. Munana, Eric Schmalz and Qavid A. Eliassen of Pasadena, CA (EACH}
its true and lawfui Attorney(s}-irt-Fact, to make, execute, seai, and deliver fram the date of issuance of thts power for and
on its behalf as surety, and as its aci and deed:
Any and at! bonds and undertakings
EXCEt'TION: NO AU7HORITY [s granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit,
This authority does not permit the same obtigation to be sptit into two or more bonds in order io brfng each such bond
wlthin the dollar limit o# authority as set forth herefn.
The Campany rnay revoke this appoin#ment at any time.
The execution of such bonds and undertakings in pursuance of the�e�.,preSents shat! be as binding upon the said
Company as fu11y anti amply to a!i lntents and purpases, as'if ttie sarne had 4ee� duty executed and acknowledged by its
regulariy elected ofFicers a# its principal office in Kansas City, Nlissouri. • -.'
This Power of Attamey is executed hy a�tthority of resalutians adapted by �nanimous consent of the Boarcf of Direators af
the Company on March 3, 2003, true and accurate copies of which are herefnafier set forth and are hereby certifted ta by
the undersigned Secretary as being in full force anc3 effect:
"VOTED, That the Chairmar� of the Board, the President, or any Vice Presider�t,. or their appointees designated 'm writing
and fled wtth the Secretary, or the S+ecre#ary shall have the power and authority to appoint agents and attameys-in-fact,
and ta authorize them to execuie on behalf of the Company, and attaah the sea! of the Company thereto, bo�ds and
undertatcings, recognizances. contracts of indemniiy and other writings, obligatory in #he nature thereof, and any such
o�cers of the Company may appaint agents #or acceptance of process."
This Power of Attomey is signed, sealed and certified by facsimile under and by autharity of #he following resolutlon
adopted by tt�e unanimaus consen# of the 8oard of DirecEors of the Company on March 3, 20U3:
V�TED, That the signature af tt�e Chafrman of the BQarcf, the President, or any Vtce President, or their appolntees
designated in writing and filed with the Secretary, and the signature of the Vice President, the se�l af the Company, and
certifications by the Vice President, may be at#ixed by facsirnile on any power of attomey or hond executed pursuant to
the resolution adopted by the Baard of Directors on March 3, 20Q3, and any such power so executed, seaEed and certifted
with respect to a�y bond or undertaking to which ft is attached, shall continue to be valid and binding upon the Company.
OOMLOQ93 00 03 03
Page 1 of 2 Printed in U.S.A.
1 Ba�d N�m}�er; Si7 5p1696�
Freud� aiu:lt�ied �n per�o�rxce bond
CITY OF PALM DESERT
- STANDARD FORM
SUBDIVISION —
PAYMENT BOND
�LABOR 8 MATERIALS)
NAME OF SUBDIVISION: �'� � ,
NAME 4F SUBDtV[DER: P� �O�t► L.�'.
NAME OF SURETY: � �� �y
EFFECTNE QATE: i�t� �:�-��rn
AMOUNT OF BOND: � �� � �'"e �n'0U``'� �`!° ���p� � n°�100t�s
BOND NUMBER: � ��� «�������
PREMIUM: �"� �' ��� �
KNOW ALL MEN BY THESE PRESENTS: That ihe person, frm,
corporatian, entity or otherwise, named on Line 2 of Page 4 hereof without regard
to gender and number, her�inafter referred #o as PRINeIPAL; and the
corpora#ion named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the S#ate of Califamia and presentty possessed of a�tharity under
Title 6 of the United States Code to do business under Sectian 6 to 13 thereof in
the aggregate amounts he�eof, hereinafter referred to as SURETY; are jairttly
and severely held and firmly bound unto and all materialmen, persons,
companies or corporations ftlmishing materia[s, provisions, provender or other
supplies used, in, upon, fnr or about the perFormance of the work cantracted to
be executed or perforrned under the terms of that cer#ain SUBOIVISION
L:iTemplatesti.abor dt Mata ials Bond Subdivision.doc
2
IMPROVEMENT AGREEMENT hereinafter mentioned and ali persons,
companies or corporations renting or hiring teams or implements, or machinery, '
for contributing ta said work ta be done, ali persons who per€ormed work or iabor
upon the same, and all persons who suppiy both work and materials, and whose
claim has not been paid by PRINClPAL in the jus# and full sum mentioned on
Line 5 af Page 1 hereof for the payment whereof, well and trufy to be made, said
PRlNCIPAI. and SURETY bind themselves, their heirs, adminis#rators,
successors and assigns, jointly and severa{ly, firmly by these presents.
THE CaNDITI�N OF THE OB�IGATION is such ihat whereas the above-
bo�nden PRINCIPAL has entered into a SUBDIViS10N IMPROVEMENT
AGREEMENT with the City of Palm Desert, a municipal corporation of ihe State
of Ca{ifamia, hereinafter referred to as CITY, far the construction of public
impravements in the subdivision named an Line 1 of Page 1 hereof, which said
SUBDIVISION IMPRQVEMENT AGREEMENT is by this �:ference incorporated
herein:
N4W, THEREFtJRE, if the above-bounden PRINCfPAL, cantractor,
person, campany or carpora6on, ar his or its subcontractor or subcontractors,
fails to pay for any mater�als, provisions, provender, or the supplies, or teams
used in, upor�, for, or about the performance of the work contrac#ed to be done,
or for any work or labor done tE�tereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work for labor, SURETY on
this bond will pay the sarne, in an amaunt not exceeding fhe sum specified in this
bond, and aiso, in case suit is brought on this bond, a reasonable attomey's fee
L:1Templates\Labor & Materials Bond Subdivision.dce
.<
3
which shail be awarded by the court to the prevailing party in said suit, said
attarney's fee to be taxed as costs in said suit and to be included in #he judgment
#herein rendered.
This bond is executed and flled to compiy wi#h the provisions of the
Subdivision Map Act; and all CITY ordinances, resolutions, rules and regulations
suppfementai thereto; and all amendmen#s thereto; and shal[ inure to the benefit
of any and all materiaimen, persons, campanies or corporations entitled to file
claims under and by virtue ofi the provisions thereaf.
IN WITNESS WHEREOF, PR}NCiPA! AND SURETY have executed this
instrumeni �he date mentioned an Line 4 af Page 1 hereaf.
Fel� Dev�7.opne�t, L.P.
PRiNCiPAL
Q � . Anr�,t� ��9" tf �--�-��
PRINCIPAL '
Arch Tn.s�a�ae Cau�Y
SURETY
' l �.� ' �s--x-
SURETY �� E. Ga�.7., Attorney-irr-tact
(Notarial acknawiedgement of execution by ALL PRINCIPALS and SURETY
must be attached.)
�
I.:1TemplatesVabor 6t Materiets Bond Subdivision.doc
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State of
County of
On
Cali#arnia
Los Angeles
SEp n� 2no5 Reglna Rangel
NAME
persanally appeared Ravmond E. Gail
NAME OF SICiNER
�Personally knowxx to me - �R - ❑
'�... �x�r-.+raa �aN�e�. �
_ .�Y ,•• . CAh?N4. �J13'o8369 �
(n _ � . Notary Puh(ic-Calitornla
� , kas a�c���.es courm =
� My Comm. £�p. July 26, 200E �
.� i I d � � �' i .�•.illl� y���� /"J' f"n 1' I 1 1
Notary Public
T1TLE OF OFFICER
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to
the vc+ithin inshument and acknowtedged to me that
he/she/they executed the same in his/her/their
authorized capacity{ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s} acted,
executed the instrument.
ITNESS my hand and offic' s al.
.. � )
t�
(SIGNAT E OF RY)
OPTIONAL
'£hough the data below is not required b� law, it may prove valuable ta persons reIying on the document and could
prevent fraudulent reattaclu�aent of this form.
CAPACITY CLAIMED BY SIGNER
� II�tDiVIDUAL
� COR.PORATE Ok'FICER
TITLE(S)
� PAR'TIdER{S) � LIMITED
� GENER.AL
�
�
■
�
ATTORNEY-TN-FACT
�rRus��ts)
GUARDIAN/CONSERVATOR
OTHER
DESCRIPTION UF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMBNT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Arch lnsurance Company
SIGNER OTHER THAN NAMED A$OVB
CALIFORNiA ALL-PUBPOSE ACKN�WLEDGMENT
0
State oI Califomia
ss.
County of Q.�v�.rS�c,-e.-
On �.rc` k. ��'. 2t-�5 before me, '�'�..,r�v� �:��s�°� N of�v�p ✓L,,�i c., ,
Date Nems and 71tle of O�cer (e.g., "Jene Dce, No PubliC)
personally appeared E..d�uv'� S. �{�� t ,
Neme(s) ol Signer{s�
0 personally krtawn to me
�proved to me on the basis of satisfactory
evidence
l��R�l4 �ltiQiC
C;pnMnt�on # 10�1 �6
�Y t�C ' C�rt�C�
RIwI�IW CoWMV
N�ICanrn.6plM�,hlff �C.
to be the person�,s'} whose name(�) is/are
subscribed to the within instrument and
acknowledged to me that �►e/she/tgey executed
the same in Nis/her/their authorized
capacity{i�s), and that by #is/her/tbeir
signature(a� on the instrument the person{s�, or
the entity upon behalf of which the person(�}
acted, executed the instrument.
W!TNESS my hand and official seal.
���, S�Ignatureo ryPUWic
OPTIONAL
Though the lnfamation below is nof requiraci bylaw, i1 may prove valuabla to persons relying on ihe documertt and courd prevent
fraudutenf remova! and reaftachment of fhis (orm to arrather dDcument.
Descriptian af Attached Document
Title or Type of Documen�: �6,� ��,�i��n �rxa k�n.�,�..�.-�- �.,�,,. ��
Document Date: ��� I� 2t�c�s Number of Pages: �✓
Signer(s) Other Than Nameci Above: Q-G�.F :l
Capacity(ies} Claimed by Signer
Signer's Name:
�� ❑ Individuai
° � ❑ Corporate Officer — Tttle(s):
�' CJ Parmer — O L.imited � General
�' � Attomey-in-Fact
�� C] Trustee
�., C] Guardian or Conservator
;F� D Other:
Signer Is Represen6ng�
.. . �
Top ot Unimb here
A 1949 Natlonnl Flotary Assoda4on • 9350 Oe Solo Ave.. P.O. Smc 2A02 • ChaWwoAfi, CA9t313-2i02 • www.nalionallrolary.ar9 Pmd. No. 540) FieaNer: Ca1 To6-Free t-80Q�876�G827
In Testimony Whereof, fhe Company has caused Ehis instrumettt io be signed and its corporate seal to be af€ixed by their
authorized officers, this 12th day of April , 2005
Attested and Ce�tified
/ �
c
Mary Jea e An rsan11;'tfice President
�a'"�e C
� o�COR/ORA7E
� SEAL �
isn
�ISldYfl
Arch lnsurance Company
0
STATE OF PENNSYLVANIA SS
COUN7Y OF PHII.ADEE.PHIA SS
�� �•��
Edward M. Titus, Vice President
I, Kate Marcinkus, a Notary Public, do hereby certify that �dward M. Ti#us and Mary Jeanne Anderson personally known
to me ta be the same persons wi�ose names are Vice Presidents of the Arch tnsurance Company� a Corporation
organized and existing under the iaws of the State of Missour�, subscribed to the faregoing instrument, appeared before
me this clay in person and severally acicnowledgec! that they being thereunto duty authorized signed, sealed with the
c�rporate seai and delivered the said instrument as the free and valuntary act of said corporatian and as their owm free
and voluntary acts for the uses and purposes therein set forth.
NOTARiAL SEAI �
KATHL�N MARCtNKt18. Nutary Pubt'sc i���cj--..�..�-,�
City o� Phltadelphla, Ph�a. Couniy Kathleen Marcinkus, iVdiary Public �
My Commission Expires February 25, 2W6 My commission exgires 2-25-06
CERTIFICAiION
i, Mery Jeanne Anderson, 1/ice President of the Arch Insurance Company, do hereby ceetify that fhe attached Powar of
Attomey dated At�ril 12, 200fi on behaff flf the person(s) as lisied above is a true and carrect copy and that the same
has been in full force and effect since the dake thereof and is in fuli fores and effect on the daie of ihis certificate; and t do
further certify that the sa�d Edward M. Titus, who executed the Power of Attomey as Vice President, was on the date c�f
execu�an of the attached Power of Atiarney the duly eiectecf �ce President of the Arch Insurance Company.
iN l"ESTlMOHY WHEREOF, i have hereunto subscribed my name and xe ie c orate s Arch lnsurance
Company on this day of SEP � 3 2005 , 20
Mary 3e ne derson, Vice president
This Pawer of Att�rrzey limits the acts of those named therein to the bonds and ndertakings speciflcally named therein
and they have no authority to birtd the Company except in the manner and to the extent herein stafed.
PLEASE SENp ALL CLAIM 1NQUIRI�S RELATING TO THIS BOND TQ 7HE FOLLOWIlVG ADDRESS:
Arch Coniractors & Developers Gruup
13� N. Robles Ave.� Ste. 825
Pasadena, CA 91401
OOMLQ013 00 fl3 03
Page2of2
�a'°�e co
o$
CORMR,7l �'�
� 56U �
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�
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printed in U.S.A.
�r�
�
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ARCH Insu�ance Company �xcx s�ety _
NOT10E — DISCLOSURE OF TERROR�SM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch lnsurance Company is the surety.
DISCLOSURE �F' PREMIUM
The portion af the premium attributable to coverage for terrorist acts certified under the
Act is Zero Doliars ($0.00}.
DISCLOSURE OF FEDERAL PARTICIPATI4N IN PAYMENT OF TERRORtSM
LOSSES
The United States wi{1 pay ninety percent (9Q°!o) of covered terrorism losses exceeding
the appiicable insurer deducfible.
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PELE DEVELOPMENT L.P. TRACT 33018
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APN: 694392006
House#: 74172
TRtI 3301 � APN: 694392007 �
/ House#: 74186 � �
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?E�-E-PLALE Q
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APN: 694392008
House#: 74193
APN: 694392009
IHouse#: 74179 �
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APN: 620400031
House#: 0
Legend
° , , --- Circulation Network
j_� City Boundary
:
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�
1 f 1
1: 1,316
• ~ Streets
[] Palm Desert Parcels (7/20'
Notes
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APN: 620400019
House#: 0
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