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Home My WebLink AboutRelease Secrity/Accpt New - Tract No. 31020 � CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE SECURITY FOR TRACT 31020 AND ACCEPT NEW SECURITY AND AGREEMENT SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANTS: �incoin General Insurance Company c/o Strachota Insurance Agency 27710 Jefferson Ave., Suite 100 Temecula, CA 92590 Knightswood Ventures, LLC Attention: Stuart Chelin 77682 Country Club Drive, Suite A3 Palm Desert, CA 92260 SureTec Insurance Co. clo Pinnacle Surety & Insurance Services Attention: Eric Lowey 151 Kalmus Drive, Suite A201 Costa Mesa, CA 92626 � BOND NUMBERS: 661 1 1 1 956 Lincoln General Insurance Company 04390043 SureTec Insurance Co. DATE: August 22, 2013 CONTENTS: Agreement and Bonds - Released Agreement and Bonds - Replacement Vicinity Map Recommendation By Minute Motion, release security for tract 31020 and accept new security and agreement. Staff Report Release Security for Tract 31020 and Accept New Security August 22, 2013 Page2of2 Backqround The subject property is located at Shepherd Lane and Cosmopolitan Court. At the time of map recordation in 2005 bonds were submitted in the total amount of $199,507 for grading and public improvements. Las Perlas, the owner of this tract in 2005, did construct some improvements but did not complete them. Knightswood Ventures, LLC is the new owner of tract 31020. Because some of the improvements were completed by Las Perlas the bond amount for current improvements has changed. The new bond amount for tract 31020 is $132,040.62. Staff recommends that City Council authorize the release of the faithful performance and labor and materials bonds from Las Perlas and accept the new bonds and agreement from Knightswood Ventures, LLC at this time. Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Department Head: /r� � ��ri� �� C c�,�a,c-�--. < �� Christina Canales, Assistant Engineer Mark Gree wo d, P.E., Director of Public Works C1TY COUNCIL ACTTnN APPIZnVI�I) � Tl�'NTFD � R[:CC;I�'FU--- - 6")"d'I�f�,lt ul S. Gibson, Director of Finance _ Mr�r:�ri!�c i�t��r�r: �—__.��_L. � AY F;ti:�.� ` Approval: nc�t:s: �� -, _, � Ar3si�,� r: �Y�rto � ' � ` Al��;'I,,11ti: �� '� �1.i�1''��--�,� V[?12 i F 1 I�;ll 13 Y; �� o�n M. Wohlmuth, City Manager ��'��s�<<� �n File�vith Cit3 Cierk's Oftice ,' / ✓ C(TY OF PALM pESERT STANDARD FORM SUBDIVISION FAITHFUL PERFORMANCE BOND NAME OF SUBDIVISION: Las Perlas NAME OF SUBDIVIDER: _�,AS PERLAS,LLC _ NAME OF SURETY: Lincoln General Insurance Company EFFECTIVE DATE: il/23/2004 AMOUNT OF BOND: $133,005.00 BOND NUMBER: 661111956 PREMIUM: $3,660.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presentiy possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally heid and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 5 above, for the faithful performance of that certain SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, ,as required by the provisions of the G:\PubWorks\PW Temp files\Faithful Perforrnance Bond Form.doc . - _ 2 _ ., - Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successo'rs and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform a!I that certain work and improvement in said CITY which is more particularty described in said SUBDIVISION IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the SUBDIVISION IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of �ny such change, extension of time, alteration or addition to the terms of the SUBDIVISION IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to G:�PubWorks\PW Temp files\Faithful Performance Bond Form.doc . � • e3 _ bring an action to enforce this bond, SURETY shall pay CfTY'S reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. Matt Gerhardt PRINCIPAL RI CIPAL Lincoln General Insurance ('�mnany SURETY � , �t-�2_ '' ,, RETY i Gloria S. Russell, Attorn.ey-�ri-Fact (Notarial acknowledgement of execution by ALL PRINCIPALS and SURE'1'Y must be attached.) G:\PubWorks\PW Temp fileslFaithful Performance Bond Form.doc LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,consritute and avvoint: Gloria S. Russell its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf,as surety, bonds,undertakings,and other obiigatory instruments of similar nature in an amount not to exceed T6ree Mlllion Dollars(53,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirtned. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under auttiority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4`�day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,togather with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the offtcers making the appointment,and the signature of any of�'icer certifying the validity and current status of the appointment,may be facsimile representaHons of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed, T'he facsimile representations referred to herein may be�xed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be ixed, these presents to be signed by its duly authorized officers this 4th day��m� 2002. , ,, ..�`��``` �' �NSV��4i Attest: ��pRATEs �.�'�: _.�_ Gary J. do ,Se tary _ �, v� -, � :tn� hojwani,Presid t The Commonwealth of Pennsylvania =?: �977 �O� York County = O�•. �Oc� — �Q';'S'� % v'•. ^'NSYLVP�,:;aaa On this 4th day of September,2002, before m��onall�cam�C. Bhojwani,to me known,who being duly swom,did depose and say:that he is the President of the Corpfkbl�pp�!!�d in and which executed the above in�trument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was at�'ixed thereto by order and authoriry of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania Cetherine nnane�oose,Notary ' York County SP„ngettsbury Twp.,York C � My Commission Expires June 1 Notary Pubh I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto aet my hand and affixed the seal of said Company,at York,Pennsylvania, this 23rd day of November 2004 ' ��•�`j�y„ �lt'�,5��'��ii� ��,......... . ��.• ,,��0�'�1T��'•.,.�`� J. d ,Secretary =C7: �`� — `�;t �� _�� 'f�7,/' .�� .c��•. �;,, — �,�,�- :�, ;,�;., n,Fy�,�'� �a. . � '/�',//v��A/ry �k �1N1\�r�`\````\ Illll111 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of s�#jJ ,�/�'�� On before me, Ron H. Ballard personally appeared Gloria S. Russell [�personally lmown to me -OR- ❑ 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/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instniment. RON H. BALLARD COMIv�. #1413833 n WITNESS my hand and official seal. V NOTARY PUBLfC-CAUFORNIA vl V � SAN DIEGO COUNTY � � luly Commission Expires �,f' APRIL 26,2007 / l�, ,_(!i'--'� �.-. ignature of Notary , , _-�:��,x">��.,.�¢��°`�,:r��"`y< �,�a�.�, c i ��s��&, �..�"� , ,. � � �.� �'�P �`_k��Sm,�,��.°`��. F�,� 'a�° .,>3� �°� � � i:'. Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent � fraudulent reattaclunent of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document ❑ PARTNER(S) ❑ LIMITED Number of Pages � ATTORNEY-IN-FACT ❑ GENERAL ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) Lincoln General Insurance Company i CITY OF PALM DESERT STANDARD FORM SUBDlV1SlON PAYMENT BOND (LABOR & MATERIALS) NAME OF SUBDIViSION: Las Perlas NAME OF SUBDIVIDER: LAS PERLAS,LLC NAME OF SURETY: Lincoln General Insurance Company EFFECTIVE DATE: 1i/2312004 AMOUNT OF BOND: $66,502.00 BOND NUMBER: 661111956 PREMIUM: (included in �Prformanre hnn�i) KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity or otherwise, named on Line 2 of Page 1 hereof without regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Section 6 to 13 thereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely hetd and firmly bound unto and ail materialmen, persons, companies or corporations furnishing rnaterials, provisions, provender or other supplies used, in, upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain SUBDIVISION G:�Pub�Vorks`:P\V Temp tiles`,StandarJfarm-sub�ivisun-pymtbond-labor trts.duc , ^ , � , � 2 . � IMPROVEMENT AGREEMENT hereinafter mentioned and ail persons, companies or corporations renting or hiring teams or implements, or machinery, for contributing to said work to be done, all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION is such that whereas the above- bounden PRINCIPAL has entered into a SUBDIVISION IMPROVEMENT AGREEMENT with the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, for the construction of pub(ic improvements in the subdivision named on Line 1 of Page 1 hereof, which said SUBDIVISION IMPROVEMENT AGREEMENT is by this reference incorporated herein: � NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor or subcontractors, fails to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon 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 same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought on this bond, a reasonable attorney's fee G:\PubWorks�P\V Tcmp tiles\StandardForm-�ubdivison-pymtbond-laborscmtrls.doc , �, _• • � 3 � which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of the Subdivision Map Act; and all CITY ordinances, resolution�, rules and regulations supplemental thereto; and all amendments thereto; and shall inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions thereof. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument the date mentioned on Line 4 of Page 1 hereof. Matt Gerhardt PRINCIPAL IN _ Lincoln General Insurance Gom��ny SURETY / � � r� ETY Gloria S. Russell, Attornty-iir-�act (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) G:\Pub�Vorks�P�4'Temp files\Stand�rdform-subdivison-p}Tntbond-I�bor�Cmtrls.doc LINC4LN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and auvoint: Gloria S. Russell its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety,bonds,undertakings,and other obligatory instruments of similar nature in an amount not to excced Three MiWon Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly suthorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under autliority of the following resolutions adopted by the Boazd of Directors of Lincoln General Insurance Company on the 4�'day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,togather with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attomey appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appoinhnent,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurana Company has caused its corpora a to be �xed, these presents to be signed by its duly authorized officers this 4th day`��tamJ�2002. , �. o��.1: �N3�I��ii ``��. .. . .., �92: Atc�t: �?: �oRaTEs ' .�' __� , Gary J, do ,Se tary :�ry:' c,� -- � ;tn; hojwani,Presid t - � 1977 =�_ The Commonwealth of Pennsylvania ;j: A ;O= York County �O�'• F — �P �a� .�O'•. NNSYLVAa .�,a : On this 4th day of September,2002,before m��onall��C. Bhojwani,to me known, who being duly sworn,did depose and say:that he is the President of the Corpc�if�dMiqpy��d in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was at�'uced thereto by order and authority of the Board of Directors of said Company;and that he executed the said ins�trument by like order and authority and the same was his&ee act and deed. Notarial Seal The Commonwealth of Pennsylvania Cetherine nnarie�oose,Notary ' York County Sp�ingettsbury Twp.,York C Ny Commiasion expires June'! Notary Publi I, Gary Orndort�', Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is srill in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attomey is now in force. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 23rd day of November � 2��4��ii��ru��/' �,�� i1V$(� ��.�� `� �,,.....,, � . ��ti' �Q�FtAf��'•,.�''� J. d ,Secretary 'i• �� q� �" '.�;= _�: 1_ . ? :�_ ,�',��,�O��HS�vP��P�b`= .,��.�•••,.�..,,..�°�+i1``` ��u�u i n�n�N�a��`�` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ��, � � ��E'j �j On ,�Z�J�d � before me, Ron H.Ballard personally appeared Glori.a S. Russell �rsonally known to me -OR- ❑ 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/her/their signature(s) on the instrument the person(s),or the entity upon behaif of which the person(s) acted,executed the instrument. �is�.+..+�� RON H. �,4LLARD COMI�, �1413833 c� � t� , n10TARY PUB�lC-CAUFORNIA � WITNESS my hand and official seal. y �' SAN iJI�UO.COl1NTY � V • r� , N!y Commission Expires /,--^ APRIL 26,2007 �-�`"�' � ,s (` ! � r��'' ��!� �"' ignature of Notary� �y �.-�zY� ��'�'._ a�r�` , < v'�.�`��)i �., � �':l �"� ;�.��.y` r �,.., ; ✓^,';�-'�9 y '` � . � .5�.,h��- �� ...x��';.,fim, .. ...'�r...��Y.::: w� �ro,.>:..�,;',�:`„ s,�.,...,"��,.��' .a��.x.�`"�'�,x��w�� _`'r._.:.r�,��3�*.�"€'�`..�.�'.:�., .��"��:�, f..a�.a..�� Though the data below is not required by law,it may prove valuable to�persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Il�IDIVIDUAL ❑ CORPORATE OFFICER Title or Type of Document ❑ PARTNER(S) ❑ LIMITED Number of Pages � ATTORNEY-IN-FACT ❑ GENERAL ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR Date of Document OTHER: SIGNER IS REPRESENTING: Signer(s)other than named above NAME OF PERSON(S)OR ENTITY(IES) Lincoln General Insurance Com�an� Company Profile Page 1 of 2 Company Profile LINCOLN GENERAL INSURANCE COMPANY P.O. BOX 3709 YORK, PA 17402 800-876-3350 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 33855 NAIC Group #: 1326 California Company ID #: 4679-7 Date authorized in California: May 11, 2001 License Status: LTNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: PENNSYLVANIA I.ines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the lo�. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http://cdinswww.insurance.ca.gov/pls/wu_co�rof/idb_co�rof utl.get_co�rof?p_EID=62... 6/9/2005 SIIBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMEN`�: ��m 1.��; � , 2 0 �� . NAi�IE O r S LTBD I V I DER: L �� I 0.��, �, L.�'- (referred to as "SUBDIVIDER" ) . 2e ��o�� c� NAME OF SUBDIVISION: �.GL� i��c"'�c��=, � No. of Lots : 1� (referred to as "SUBDIVISION" ) . TEi�TATIVE MAP RESOLUTION OF APPROVAL NO. : Z2�' S (TM No : .�jt��G.G) (referred to as "Resolution of Approval" ) IMPROVEMENT PLANS APPROVED ON: �1`Zv/�¢ (referred to as "Improvement Plans" ) . ESTIMATED TOTAL COST OF IMPROVEMENTS : $ 1 33�pOp ESTIMATED TOTAL COST OF MONUMENTATION: � Z.SUQ SURETY: �o� rros : Co�,1t119 5� ^IJE?ETY: ��.,r co�..r Cc e�ei�cti,l T a'S.,sc-a.N ce Co�.�.'�ou�..� � � — -OR- IRREV�CABLE STAND-BY LETTER OF CREDIT NO. _....—�-- rINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: 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. RMPUB�DJEU 597 RECITALS A. SUBDIVIDER nas presented to CITY for approval and recordation, a final subdivision map o� a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CIT`�" s ordinances and regulations relating to the `�lir_5, approval and recordation of subdivision maps . The Subdivision Map Act and the CITY' s ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws" . B. A tentative map of the SUBDIVISION 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 City Clerk 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 complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. -2- RMPUBIDJE�1597 D. In consiaeration of the approval of a rinal map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this �greemer.t , wherebv SUBDIVIDER promises to install and complete , at SUBDIVIDER' s own expense, all the public improvement work required by CITY in conr.�ction with th� proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E . Compiete Improvement Plans for the construction, installation, and comnletion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvement Plans numberecl as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into th�s A�reement by this referer_ce. All references in this Agreement to 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 construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated � amount is stated on Page 1 of this Agreement . The basis for the estimate is attached as Exhibit "A" to this Agreement . -3- RMPUB\DlE�I597 G. CITY has adopted standards for the constructior_ 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 ot Approval . H. All public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council . Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. I . SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION. As a resul�, CITY will be aamaged to the extent of the cost of installation of the improvements by SUBDIVIDER' s failure to perform its obligations to commence construction of the improvements by the time established in this A�-r�•em�nt . CITY shall be ent�tled to all r�medies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion �of CITY. �+rua�n��s9� -4- NGW, 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 Obliaation to Construct Improvements . SUBDIVIDER shall : (a) Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws . (b) Complete at SUBDIVIDER' s own expense, all the public �m��r�'IP?11?I'it ��crk r�quir?d by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. (c) Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans . (d) Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-of-way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances . The SUBDIVIDER' s obligations with regard to acquisition by CITY of off- site rights-of-way, easements .and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and RMPUB�DJE�1597 -5- CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility e�sements or authorization to accommodate tne SUBDIVISION. (e) Commence construction of the improvements by the time established 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) Install all SUBDIVISION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installed within one year of said acceptance. (g) Install street name signs conforming to CITY standards . Permanent street name signs shall be installed before acceptance of the improvements by CITY. (2) Acc�uisition and Dedication of Easements or Ricthts-of-Way. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before : (a) The offer of dedication to CITY of appropriate rights-of-way, easements or other interests in real property, and �ua��is9� -6- appropriate authorization from the property owner to allow construction or installation of the improvements or work, or (b) The dedication to, and acceptance by, CITY of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer, or (c) The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER 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 SUBDIVIDER. (3) Securitv. SUBDIVIDER shall 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 amounts as follows : (a) ta assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and (b) to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to b.e constructed and installed pursuant -7- RMPUB\DJh11597 to this Agreement �n the additior.al amount of SO% ot the estimated cost of the 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 defective work or labor done or defective materials furr_ished in the additional amount of 10% of the estimated cost of the improvements; and (d) SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1) (f) for a period of one year plus thirty (30) days from formal acceptance by the City Council . The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall : 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement . Upon provision of a replacement r�uH�n�►s9� -8- security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. (4 ) Alterations to Improvement Plans . �a� p,ny changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of thi s Agreement . (b) The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval . CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances . If SUBDIVIDER requests and is granted an extension of time for -9- . RMPUB�DIE11597 compietion of the improvements , CITY may apply tne standards in e�fect at the time of the extension. (5) Inspection. SUBDIVIDER shall at a11 times maintain proper facilities and safe access for ins�ection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a f 'inal inspection by the City Engineer, or the City Engineer' s authorized representative . If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council . No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans . When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER' s readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) Yierein. �us�n�is9� -10- ' (6) Release of Securities . The securities required by this Agreement shall be released as following: (a) Security given for faithrul perzormance of any act, obligation, work or agreement shall be released upon the final completion .and acceptance of the act or work, subject to the provisions of subsection (b) hereof. (b) The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the .,�LuL��1 �nall not b� :�adtzcQc� to ar amount 1�ss th�n fiftv percent (50%) of the total improvement 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 which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement . (c) Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion RMPUB�DJE�1597 -11- and acceptance o� tr.e work, be reduced to an amount equal to no less than 125% of the total claimed by al1 claimants for whom liens have been filed and of ��rhich notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance oz the security shall be released upon the set�.lement of all claims and obligations for which the security was given. (d) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10) , the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council . (e) CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, i.ncludin� reasonable attorneys ' fees . (7) In'iury to Public Improvements Public Property_ or Public Utilities Facilities . SUBDIVIDER sha11 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 . SUBDIVIDER shall bear the entire cost of replacement or -12- RhiPUB�DJfi11597 repairs of any ar.d all public or public ut�lity property damaged or destroyed by reason of any work done under this Agreement, whether sucn oroperty 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 combination of such owners . Any repair or replacement shall be to the satisfaction, and subject to the approval , of the City Engineer. (8) Permits . SUBDIVIDER shall, at SUBDIVIDER' 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 SUBDIVIDER. (a) Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER' s failure to timely commence const�sction of this Agreement ; (2) SUBDIVIDER' s failure to timely complete construction of the improvements ; (3) SUBDIVIDER' s failure to timely cure any defect in the improvements; -13- RMPUBIDIE11597 (4) SUBDIVIDER' s �ail�re to pertorm substantial construction work for a period of twenty (20) calendar days after commencement of the work; (S) SUBDIVIDER' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) SUBDIVIDER' s failure to perform any other obligation under this Agreement . (b) CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER' s obligations under this Agreement . CITY shall have tY�.e right, subject to this Section, to draw upon or utilize the appropriate security to rnitiSate CITY' s damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction o� installation of the improvements and, therefore, CITY ' s damages for SUBDIVIDER' s default shall be measured by the cost of completing -14- RMPUB\DlEI(597 tne required improvements . The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with tne improvement plans and specifications contained herein. In the event of SUBDIVIDER' s default under this Agreement , SUBDIVIDER authorizes CITY to perform such obligation twenty �20) days after mailing written notice ot deiault to SUBDIVIDER and to SUBDIVIDER' s surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other 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 occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession oz, and utilize in completing the work, such materials, appliances, plants and other prope�-�c� belonging to SUBDI��IDER as may be on the site of the work and necessary for performance of the work. (c) Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage . The remedy provided by this subsection (c) is in addition -15- RMPUS�DJE11597 to and not in lieu of cther remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER' s breach shall be in the discretion of CITY. . (d) In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs . (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent def ault or breach of SUBDIVIDER. (10) Warrantv. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any deiective �Nork or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or RMPUB\DJEll597 -1'6- othe�wise unsatisfactory part or parts of the work or structure . Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY' s option, to periorm the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER' 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 yr�gnr��Tr�g G�� be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs . (11) SUBDIVIDER Not Actent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER' s agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement . (12) In�ury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER 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, SUBDIVIDER 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 liable or responsible for any accident , loss or damage, regardless of cause, happening or occurring to the work or xr.�us��s9� -17- improvements specified in this Agreement prior to the completion and acceptance of the work or improvements . Al1 such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. (13) Environmental Warrar.tv. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental Iaw and neither the property to be dedicat�c� nor the SUBDIVIDER is subj ect to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental 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 compliance with all applicable environmental laws . SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous subst�nce from or to any other property adj acent to, or in the vicinity of, the property to be dedicated. 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. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of : Rnaruew�is�� -18- (a) Any proceeding or ir.vestigation by any federal, state or local governmental authority with respect to the presence oi any hazardous substance on the property to 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) SUBDIVIDER' s discovery of any occurrence 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 restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. (14) Other Aareements . Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment . RMPUB�DIE�1597 -19- (15) SUBDIVIDER' S ObliQation to Warn public Durin4 Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public ot each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. (16) Vestinq of Ownershig. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. (17) Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements . The City Council shall act upon the Engineer' s recommendation within sixty (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) Indemnity/Hold Harmless . CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the performance of this Agreement . SUBDIVIDER further agrees to �us��i s9� -2 0- protect , defend, indemnify and hold harmless CITY, i�s ofricials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out ot, acts or omissions of SUBDIVIDER, its age�rs, 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 CITY, 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 SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements . Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or. construction of the property to be dedicated or the improvements pursuant to the approved improvement �ua�nrs�s9� -21- plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular im�rovement design was speciiically required by CITY over writ`ten objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that th�e 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 construction defect; however, SUBDIVIDER 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 SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, RMPUB�DJEI I597 -2 2- engineers, attorneys, and other professionals, and court cos�s) incurred by CITY in enforcing the provisions of this Section. (19) Personal Nature of SUBDIVIDER' S Obliqations . A 1 1 o f SUBDIVIDER' s obligations under this agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee of a11 or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. (20) Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a . substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement . Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. (21) Time of the Essence . Time is of the essence in the performance of this Agreement . (22) Time for Commencement of Work; Time Extens_ions . SUBDIVIDER 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 RMPUB�DJEI 1597 -2 3- • exists as determir.ed by the City Engineer, the time ror commencement of construction or completion of the improvements hereunder may be extended for a period or periods r�ot exceeding a total of two (2) additional years . The extension shall be executed in wr�ting by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER' s suret� and sha11 not 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 f inal j udge as to whether or not good cause has been shown to entitle SUBDIVIDEP, to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. RMPUB�DJE\1597 -2 4- (23) No Vestin� of Riqhts . Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER' s rights with respect to any change in any zoning or building law or ordinance . (24) Notices . All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail , postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail . Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to SUBDIVIDER: ��, j��\�a LLC � �J CU v'2 r',C�.ry� �,l�i��r^�- ��- ,�v� �Oesec��- �C� G1��Cao Notice to SURETY: �,.,�Ncolnr �aJer`a.1 �Nsv�.�xe GoM�ou.,� �O S4�t�o,ic.I�O�o.. 'Zw��a�.KCG'P►gwr`- �1 35� '2�d�e `�i o��bc ��,,e 5�..20 3 ^T't+.•�ccv 1a C4 G Z590 (25) Compliance With Laws . SUBDIVIDER , its agents , employees, contractors and subcontractors shall comply with all federal , state and local laws in the performance of the improvements and land development work required by this Agreement . �ua�n��s�� -2 5- (26) Severabilitv. The provisions of this Agreement are severable . If any portion of this Agreement is held invalid by a court or competent jurisdiction, the remainder of the agreement shall remain in full force and eftect 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) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys ' fees . (29) Incorporation of Recitals . The recitals to this Agreement are hereby incorporated into in the terms of this Agreement . t30) Entir� Agr��ment . This AgreAment constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement �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 California. xr�va��s9� -2 6- , (32) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State oi California . /// /// /// /// IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. C CITY OF PALM DESERT DER � r��'t�; L �' ��R[.A�� L z �. By: SUBDIVIDER MAYOR (Proper Notarization of SUBDIVIDER' s signature is required and shall be attached? ATTEST: CITY CLERK APPROVED TO FORM: � CI AT Y x�us�n�is9� -2 7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.sso� State of L �'��ry��-� l� County of �� = �='� ��_ , r On l �- �-�'`�- before me, c�i� � /'U��%� /��Ti�-�� ,�;�, , �ATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared �� /�� T'�� / , NAME(S)OF SIGNER(S) L� personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized __ ,�_ _ _ _ capacity(ies), and that by his/her/their p - . ._ _ ` signature(s) on the instrument the person(s), ' '°' ' or the entity upon behalf of which the � k :�� . . person(s) acted, executed the instrument. � f ?7'��.��.� . -.r ,,,, �� :.. ,.�, . ;. .: , �:'jt . � .`�- '„<', '4:.,�_ ... '�t .... ,.. WITNES�my�nd and of�icial seal. R � , �. Gr''' SI ATUFiE OF PjbTARY �� ; OPTIONAL Though the data below is not required by law, it may prove valuabte to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATT'ORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE OO 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 T ��'^ �n� �� P��LM DES�RT �� _ �, ,� .;.�--�_ 7,� 510 F red 'rUa ri n g D rive Y '�'� Palm Desert, California 9226�-2578 � `�`1� �- �`-�'- r T Q— .. �,. Tel: 76C� 346-0611 Fax: 760 341-7098 info(a�paim-desert.orq BONDS AND FEES SUMMARY PROJECT: TRACT 31020 DATE: May 21, 2004 BONDS: Faithful Performance . . . . $ 133,005.00 Labor and Materials . . . . $ 66,502.00 TOTAL BONDS $ 199,507.00 SURVEY MONUMENTATION: (Cash Deposit) . . TOTAL DEPOSIT $ 2,500.00 � —� ; FEES: Grading . . . . . $ 663.00 Map . . . . . $ 320.00% Checking . . . . . $ 105.00 Inspection . . . . . $ 3,390.00 Lighting & Landscape District Formation . $ _ Park . . . . . $ 20,077.00 " Signalization . . . . . $ 800.00 ` �,�-: :�, Drainage . . . . . $ 5,050.00 Encroachment Permit . . . . $ 6.00 ` - Fringed Toed Lizard . . . . $ 3,030.00 "`�= _ � . � - ,_ . ,_ Transportation Uniform Mitigation Fee (T.U.M.F.) . Miscellaneous PM10 Bond . . . $ 10,100.00 � r= TOTAL FEES $ 43,541.00 Prepared By: _ S. Johnson/B. Egan Checked By: P. Garner G:IPubWorkslTemplafes�Bonds 6 Fees Summaryl «� � +�, " . SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: July 1, 2013. NAME OF SUBDIVIDER: KNIGHTSWOOD VENTURES LLC (referred to as "SUBDIVIDER"). NAME OF SUBDIVISION: SIGNATURE SERIES AT UNIVERSITY POINTE No. of Lots: 16 (referred to as "SUBDIVISION"). TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 2205 (TM No: 31020) (referred to as "Resolution of Approvai") IMPROVEMENT PLANS APPROVED ON: (referred to as "Improvement Plans"). ESTIMATED TOTAL COST OF IMPROVEMENTS: $88,027.08. ESTIMATED TOTAL COST OF MONUMENTATION: On file. SURETY: BOND NOS: 04390043 SURETY: SureTec Insurance Company -O R- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: 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 A. A predecessor owner of the subject property to SUBDIVIDER ("Predecessor") had presented to CITY for approval and recordation, a final subdivision . \ ) 7 i- a map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws". B. A tentative map of the SUBDIVISION 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 City Clerk 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 complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. D. In consideration of the approval of the final map for the SUBDIVISION by the City Council, Predecessor entered into a subdivision improvement agreement for this SUBDIVISION with the City dated December 6, 2004 (the "Previous Agreement"), whereby Predecessor promised to install and complete, at Predecessor's own expense, all the public improvement work required by CITY in connection with the SUBDIVISION. E. SUBDIVIDER desires to replace the Previous Agreement and enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work 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 City Attorney. F. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. G. An estimate of the cost for construction of the public improvements and perForming land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. H. CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of this Agreement. I. All public improvement monuments, street signs, and stakes as specified on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. J. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION. As a result, CITY will be � � damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the prior approval and recordation by the City Council of the final map of the SUBDIVISION and the replacement of this Agreement for the Previous Agreement, SUBDIVIDER and CITY agree as follows: (1) SUBDIVIDER's Obliqation to Construct Improvements. SUBDIVIDER shall: (a) Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. (b) Complete at SUBDIVIDER's own expense, all the public improvement work required by the Resolution of Approval which have not already been completed in conformance with approved Improvement Plans within one year from date of execution of this Agreement; provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. (c) Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans. (d) Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-of-way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances which have not already been dedicated. The SUBDIVIDER's obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement befinreen SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION to the extent not already obtained. (e) Commence construction of the improvements by the time established 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) Install all SUBDIVISION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installed within one year of said acceptance. (g) Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. (2) Acquisition and Dedication of Easements or Riqhts-of-Way. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: (a) The offer of dedication to CITY of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or (b) The dedication to, and acceptance by, CITY of appropriate rights- of-way, easements or other interests in real property, as determined by the City Engineer, or (c) The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER 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 SUBDIVIDER. (3) Security. SUBDIVIDER shall 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 amounts as follows: (a) to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and (b) to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and (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 defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and (d) SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section (1)(� for a period of one year plus thirty (30) days from formal acceptance by the City Council. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. (4) Alterations to Improvement Plans. (a) Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. (b) The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. (5) Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted by the City Council unless all aspects of the work have been inspected and completed in accordance with the Improvement Plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17) herein. (6) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. (b) The City Engineer may release a portion of the security given for faithful perFormance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. (c) Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after completion and acceptance of the work, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. (d) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and improvements by the City Council. 1 (e) CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. (7) Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER 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 combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. (8) Permits. SUBDIVIDER shall, at SUBDIVIDER'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 SUBDIVIDER. (a) Default of SUBDIVIDER shall include, but not be limited to, (1) SUBDIVIDER's failure to timely commence construction of this Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements; (3) SUBDIVIDER's failure to timely cure any defect in the improvements; .� y (4) SUBDIVIDER's failure to perform substantial construction work for a period of finrenty (20) calendar days after commencement of the work; (5) SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) SUBDIVIDER's failure to perform any other obligation under this Agreement. (b) CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have 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 the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation finrenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. � CITY may take over the work and prosecute the same to completion, by contract or by any other 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 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 SUBDIVIDER as may be on the site of the work and necessary for performance of the work. (c) Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. (d) In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. (10) Warrantv. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER . fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perForm the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'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 SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. (11) SUBDIVIDER Not Aqent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. (12) Iniury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER 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, SUBDIVIDER 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 liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. (13) Environmental Warrantv. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER 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 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 compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. 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. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: (a) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to 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) SUBDIVIDER's discovery of any occurrence 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 restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. (14) Other Aqreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed befinreen the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. (15) SUBDIVIDER'S Obliqation to Warn Public Durinq Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. (16) Vestinq of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. (17) Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (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) Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the perFormance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of 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 of the CITY, 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 SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an altemative 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 construction defect; however, SUBDIVIDER 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 SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this Section. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. (19) Personal Nature of SUBDIVIDER'S Obliqations. All of SUBDIVIDER's obligations under this agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. (20) Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. (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 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 finro (2) additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not 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 entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing perFormance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. , . � . � (23) No Vestinq of Riqhts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. (24) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Notice to SUBDIVIDER: Knightswood Ventures LLC 77682 Country Club Drive; Suite A3 Palm Desert, California 92211 Attn: Stuart Chelin or Steven Hyman Notice to SURETY: SureTec Insurance Co. c/o Pinnacle Surety& Insurance Services 151 Kalmus Drive; Suite A201 Costa Mesa, California 92626 Attn: Eric Lowey or Stephanie Hoang (25) Compliance With Laws. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. (26) Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. f , � • ♦•. ' (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) Litiqation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. (29) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (30) Entire Aqreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement 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 California. (32) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. /// /// /// /// F � . . , ; IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. SUBDIVIDER Knightswood n re LLC By: CITY OF PALM DESERT Name: Stu lin Its: Manager By: SUBDIVIDER MAYOR (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY r , , � ' . , . � �.. . . � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1789 State of California County of � " ��)�� On L I !�/� before me Iv�T �/� Da �� /%�� re Insert Name and Title of the icer personally appeared � Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person�,a�whose name(,s�is/� subscribed to the within instrument and acknowledged to me that he/sbe�thep executed the same in his/heN�eiw authorized capacityjyes'f,' and that by SAMANTHA SCHWENCK his/her�faeir signaturef�8� on the instrument the Commission�t960936 person�,s� or the entity upon behalf of which the _ -.:_ Notary Public-Calitornla D person�a'jacted, executed the instrument. Riverside Counry M Comm.Ex ire� s��,2015� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above ignature of No ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remova!and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): �Corporate Officer — Title(s): ❑ Individual ❑ Individual . . ❑ Partner — ❑Limited ❑General Top of thumb here ❑Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: � Signer Is Representing: Signer Is Representing: �2010 National Notary Association•NationalNotary.org•7-B00-US NOTARY(7-800-876-6827) Item#5907 Engineers Cost Estimate E' �� TRACT NO. 31020 � C 0 N S U L T I N G Client: KNIGHTSWOOD VENTURES, LLC WO No.: 030902 Calc'd: M.H Pa e: 1 42575 Melanie Place,Suite P,Palm Desert,CA 92211 760.340.9060 Date: 06/13/13 Chk'd: J.R. Of: 1 DESCRIPTION QUANTITY UNIT COST SUBTOTAL STREET IMPROVEMENTS A.C.0.1'Overlay 20,329 S.F. $2.00 $40,658.00 Fog Seal 20,329 S.F. $0.10 $2,032.90 Adjust Water Valve to Grade 1 EA. $400.00 $400.00 Adjust Manhole to Grade 1 EA. $600.00 $600.00 Stop Bar and Legend 1 EA. $250.00 $250.00 Install Blue F.H. Markers 2 EA. $25.00 $50.00 Sidewalk&Curb Repair 1 LS $10,500.00 $10,500.00 Sub-total $54,490.90 GRADING Fine Grading(15 lots @ 75cy/lot) 1,125 C.Y. $5.00 $5,625.00 LANDSCAPING Common Area 2,648 S.F. $5.00 $13,240.00 SUB-TOTAL $73,355.90 20% CONTINGENCY $14,671.18 T O T A L $88,027.08 Bond Estimate Does not include some items not related to street and utility placement. Does not include Bonds,Governmental Agency Fees. �O QROF ESSIpNq` ��.�p,�4'�y�4C 2 .. , 'f, � � N0.55606 p � EXP.12-31-4�1' �c * s'r C f V 1L ��P qTF OF CAt\F�� 030902 04-02-2013bond.xls 1 CITY OF PALM DESERT STANDARD FORM SUBDIVISION FAITHFUL PERFORMANCE BOND NAME OF SUBDIVISION: Signature Series at University Pointe NAME OF SUBDIVIDER: Knightswood Ventures LLC NAME OF SURETY: SureTec Insurance Company EFFECTIVE DATE: June 27, 2013 AMOUNT OF BOND: $88,027.08 BOND NUMBER: 04390043 PREMIUM: $2,201.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 6 above, for the faithful performance of that certain SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provision of the Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment of which r 2 sums well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on LINE 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said SUBDIVISION IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful perFormance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the SUBDIVISION IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the SUBDIVISION IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY's reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this 3 instrument on the date mentioned on Line 4 of Page 1 hereof. KNIGHTSW V NTURES LLC BY: PRINCIPAL'S SIGNATURE STUART CHELIN PRINT NAME MANAGER; KNIGHTSWOOD VENTURES LLC TITLE 8� COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME SureTec Insurance Company SURETY'S SIGNATURE Stephanie Hoang,Attorn in-Fact SURETY'S SIGNAT E (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) CALIFORNiA ALL-PURPOSE ACKNOWLEDGMENT 6{�-�^�,G2�.�''�^'_.c'Yo��[Y^�vC:��-r.c'i^%�"�^/'.r�1"�.F'�3�'�'"_'c'�`.1�-�.c��an,�'-.-�Air,��:na�-Lanr„c+an^.�w�,.n�nr.n>—.n.�,i+r� ��.n -- State of California County of Orange On a 1 �� before me, Barbara Copeland,Notary Public Date Here Insert Name and Title ot Me Otticer personally appeared Stephanie Hoang Name(s)o(Signer(s) 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 BARBARA COPELAND r,apacity(ies), and that by his/hedtheir signature(s) on the Commission�2016348 instrument the person(s), or the entity upon behalf of Z ��i Notary Public-Californie �C Orange Counry which the person(s) acted, executed the instrument. My Comm Expires Apr 19,2017 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official se I. Signature Place Notary Seal Above Slgnature of N Public OPT/ONAL Though the information be%w is not required by law,it may prove valuab/e to persons relying on the document and cou/d prevent fraudulent remova!and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual J Individual ❑ Corporate Officer—Title(s): �Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General � Partner—❑ Limited ❑ General � Attomey in Fact . • �'. �J Attomey in Fact . • ' ❑ Trustee Top ot thumb here �Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator O Other: ❑Other: Signer Is Representing: Signer Is Representing: O2p07 Na6onal Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9131&2402•www.NationalNotary.org ftem A�5907 �Reorder.Call Tol•Free 1�W-87Cr6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 State of California County of �� `� �� on �L � efore me,� � �� Date Here Insert Name and TRIe of e icer personally appeared ��.��/�/� 1 V Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person whose name(�j�is/� subscribed to the within ins rument and acknowledged to me that he/� executed the same in his�eir authorized capacity(ies'� and that by SAMANTHA SCHWENCK his/t�er�-ie�� signature�.a�'�on the instrument the Commission#� 1960936 = person(,�}; or the entity upon behalf of which the _ -: Notary Public-California ; persor�s,�'acted, executed the instrument. Rive�side County � M Comm.Ex iras Dec 16,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature otary Public OPT/ONAL Though the information be%w is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ol this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑Individual . . ❑ Partner— ❑Limited �`�General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact O Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: 0 Other: � Signer Is Representing: Signer Is Representing: OO 2010 National Notary Association•NationalNotary.org•t-800-US NOTARY(7-800-876-6827) Item#5907 CITY OF PALM DESERT STANDARDFORM SUBDIVISION PAYMENT BOND (LABOR � MATERIALS) NAME OF SUBDIVISION: Signature Series at University Pointe NAME OF SUBDIVIDER: Knightswood Ventures LLC NAME OF SURETY: SureTec Insurance Company EFFECTIVE DATE: .1une 27, 2013 AMOUNT OF BOND: $44,013.54 BOND NUMBER: 04390043 PREMIUM: $2�201.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity or otherwise, named on Line 2 of Page 1 hereof without regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Section 6 to 13 thereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely held and firmly bound unto and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used, in, upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain SUBDIVISION IMPROVEMENT AGREEMENT hereinafter mentioned and all persons, companies or corporations renting or hiring teams or implements, or machinery, for contributing to said work to be done, all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION is such that whereas the above- bounden PRINCIPAL has entered into a SUBDIVISION IMPROVEMENT AGREEMENT with the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, for the construction of public improvements in the subdivision named on Line 1 of Page 1 hereof, which said SUBDIVISION IMPROVEMENT AGREEMENT is by this reference incorporated herein: NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor or subcontractors, fails to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon 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 same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought on this bond, a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of the Subdivision Map Act; and all CITY ordinances, resolutions, rules and regulations supplemental thereto; and all amendments thereto; and shall inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions thereof. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument the date mentioned on Line 4 of Page 1 hereof. KNIGHTSWOOD ; N URES LLC ,� BY: PRINCIPAL'S SIGNATURE STUART CHELIN PRINT NAME MANAGER: KNIGHTSWOOD VENTURES LLC TITLE & COMPANY NAME SureTec Insurance Company SURETY'S SIGNATURE SURE 'S SIGN U Stephanie Hoang, Att ey-in-Fact {Notarial acknowledgement of execution by ALL PRINCIPALS and S E must be attached.) � , . CALIFORNiA ALL-PURPOSE ACKNOWLEDGMENT �_�'_.r,R'-��!"-.c�^.cv^�.�e�vn�.r- �:E+�w+,c r•- F.r��F.n,� �.aa�.— -,��-r.��-��—�,c�.�=�.cf`.c�— w�-.c��-�Y"�— - -- ,c=t` -- State of California County of Orange On c� � before me, Barbara Copeland,Notary Public � D te Here Insert Name and Trtle of ihe OHicer personally appeared Stephanie Hoang Name(s)of Signer(s) 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/shelthey executed the same in his/her/their authorized BARBARA COPfIAND �pacity(ies), and that by hislher/their signature(s) on the ,�' �' Commission#�2016348 instrument the person(s), or the entity upon behalf of Z "�: Notary Publfc •Californi� which the person(s) acted, executed the instrument. z �'''� Oranqe CouMy � � ' � My Comm.Expires Apr 19,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature �� Place Notary Seal Above Signature of N a Public OPTIONAL Though the information below is not required by/aw,it may prove valuable to persons re/yrng on the document and could preveni fraudulent removal and reattachment of this form to another document. Descriptton of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang Signer's Name: O Individual � Individual ❑ Corporate Officer—Title(s): �Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General �Partner—❑ Limited ❑ General � Attomey in Fact • �' 0 Attorney in Fact . • '. ❑ Trustee TaP ot thumb here �Trustee Top of thumb here O Guardian or Conservator ❑Guardian or Conservator 0 Other: C Other: Signer Is Representing: Signer Is Representing: m2007 Na6onel Notary Association•�350 De Soto Ave.,P.O.Bo�c 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Jkem k5907 �Reorder:Call ToY-Free t-80p�876-6827 * , , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 State of California County of �� V��—�� On L � � !�(/ �efore me, �l C/ ate Here Insert Name and TRIe ot the Office personally appeared ��V�11'`� � Iv Name(s)of Si ner(s) who proved to me on the basis of satisfactory evidence to be the person�whose name�s/� subscribed to the within instrument and acknowledged to me that he/sk�e�t#�ey executed the same in SAMANTHA SCNWENCK � his/t�erJ#k�ei� authorized capacity�ieS`f, and that by Commisaion#� 1960936 his/I�ex!#laeif signature�s'j on the instrument the .�, Not�ry Pubtic•C�litorni• � person� or the entity upon behalf of which the Riv�rside County erson�acted, executed the instrument. Comm.E ira Dec 16,2015 p I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officia al. Signature: Place Notary Seal Above otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual . . ❑ Partner — Ci Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other. ❑Other. � Signer Is Representing: Signer Is Representing: �O 2010 National Notary Association•NationalNotary.org•t-800-US NOTARY(1-800-876-6827) Item#5907 I POA#: 510006 � SureTec Insu�ance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Eric Lowey, Mark Richardson, Stephanie Hoang,Shawn Blume its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instnunents or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Miilion and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confuming ail that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force_untii �oisv2o�s and is made under and by authority of the following � resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-Yresident, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreemenis or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and seated and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter�xed to any power of attorney or any certificate relating thereto by facsimile,and any power of attomey or certificate beari�g facsimile signature or facsimile seal shalt be valid i and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`�of April, 1999.) In Witness ',ieereof, �T?RETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be heitto a�ii;{�d tri�3ru day of September,A.D.2010. w SURETEC INS E C PANY �v?'�XA '9�;"�3 By: r w;w ;p� John o Jr., resident , Statc of TExa; ss; 7�'•.`41 ,i�� Coun`y of H�ris �•-�•� . * On this 3cd day of September,A.D.2010 before me personally came John Knox h.,to me known,who,being by me duly sworn,did depose and say,that he resides in rIo�st�n, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above , instrument;that he knows the seal of said Company;that the seal�xed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ��RYi�� ,�;;... .;•; JACQUEIYN MALDONADO -�;' '•": Notary Public,Stata of Texas acq ely aldoi ado,lvotary Public ;�., : - My Commission Expires "'�';�b��E'�'�� Moy 18,2013 y comm sion ex �es May 18,2013 '�„��,,,• I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a hve and correct copy of a Power of Attomey,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors, set out in the Power of Attomey are in full force and effect. 1� � ��.. � Given under my hand and the seal of said Company at Houston, Texas this�__day of l,�/�Q_ > ��1�_,A.�. � M.Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totaliy void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. Canales, Christina From: Eric Lowey [Eric@pinnaclesurety.comj Sent: Friday, July 12, 2013 9:56 AM To: Canales, Christina Cc: stuart@westmount-properties.com Subject: RE: Expired Notary Christina, Thank you for your email, please note that the notary dated May 18th 2013 is notarizing the signature dated September 3�a 2010. The date at the bottom of the power of attorney is the date the bond was executed. Let me know if you have any other questions. Thank you, Eric From: ccanales@cityofpalmdesert.org [maiito:ccanalesCa�cityofpalmdesert.org] Sent: Friday, July 12, 2013 8:59 AM To: Eric Lowey Cc: stuartCa�westmount-properties.com Subject: Expired Notary Eric, I've reviewed the documents submitted for TR 31020 in Palm Desert.The attached document has an expired notary. Can you send me a new one with a current notary stamp? Thanks, Christina Canales Assistant Engineer Public Works Dept. City of Palm Desert 760.776.6450 i Company Profile Page 1 of 1 Company �'ro�le SURETEC INDEl��NITY COMPANY 1330 POST OAK BLVD., SUITE 1100 � HOUSTON, TX 77056 Agent for Service of Process JOHN A. SEBASTINELLI, 455 MARKET STREET SUITE 1420 SAN FRANCISCO, CA 94105 Llnable ta I..,ocate the A�rent for Service �1�F'x•acess? _ _ _...._... _ _ __ Reference Information NAIC #: 15099 NAIC Group #: 4779 California Company ID #: 5835-4 Date authorized in California: March 26, 2013 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance l�uthorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the �Ic�ssarv. LIABILITY SURETY Company Complaint Information C;ornpanv F_,t�f�rce�nent �ction D�curnents C`oir�pa�iv I'er�c�r��ai�ce c�. Con7parisc�� C)ata Com��o5ite C'c��nplaint Studies Want More? Hel}? '��1� Finci � C`c�m�ar7y �ie�resentati�e in ��1v Area Last Revised-November l0,2012 10:58 AM Copyright �O California Department of Insurance https://interactive.web.insurance.ca.gov/webuser/idb_co�rof utl.get_co�rof?p_EID=109005 8/5/2013 TRACT 31020 � � � � � ��—� ��a�� ; s �i�� ' ----t:flSM OPfl L-1��►id-L�F1i+1 � � � �,, 4 � �----�••-POR�-Oi�►P@iN��-fkNE-�m--""---"-ACAt1EM�-L-ANE-E � � � C� � � ; a ----�--�---iMPERir4i--Gfliift�--W MPER1ti4t--i�Ol•l1i3'--E----------- 1 � I i � i { i ifIFIG$T'"ON�O{�R�'""w,�.m�m.��"""""K1N'�'T'SiTQi�1"13<31�R�'c , � 3 d 1 S Legend O 1: 3,020 — Circulation Network — Streets ��- j�� City Boundary ❑ Parcels(07/2013) ,: City Boundary Notes ,��.�i