HomeMy WebLinkAboutRelease Scrty - Ironwood CC Entry at Mariposa Dr CITY OF PALM DESERT
PU
BLIC WORKS DEPARTMENT ��
STAFF REPORT
REQUEST: RELEASE SECURITY FOR THE IRONWOOD COUNTRY
CLUB ENTRY AT MARIPOSA DRIVE
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Orr Builders
Attention: Brian Orr
39-301 Badger Street, Suite 300
Palm Desert, CA 92211
Suretec Insurance Company
1330 Post Oak Blvd.
Houston, TX 77056
BOND NUMBER: 4382550
DATE: January 24, 2012
CONTENTS: Bonds
Agreement
Vicinity Map
Recommendation
By Minute Motion, release security for improvements for the Ironwood
Country Club entry at Mariposa Drive.
Back�round
The subject property is located at 49-200 Mariposa Drive. Bonds in the total amount of
$55,977 were submitted at the time of permit issuance for off-site improvements to the
Ironwood Country Club entry at Mariposa and Portola Avenue.
All improvements related to these bonds are complete. Staff has recently re-inspected
the improvements to insure that they remain as they were when accepted at final
inspection. A cash bond in the amount of 10 percent of the Faithful Performance Bond
Staff Report
Release Security for the Ironwood Country Club Entry at Mariposa Drive
January 24, 2013
Page 2 of 2
was submitted for maintenance to be held for one year as required by the municipal
code.
Staff recommends that the City Council authorize the release of the Faithful
Performance and Labor and Materials Bonds and accept the cash deposit for
maintenance for one year.
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By: Depart t ead:
�'
f '
Christina Canales, Assistant Engineer Mark G wood, P.E.
Director f Public Works
,
Paul S. Gibson, Director of Finance
ApQroval:
�
;" i � _
�,lo M. Wohlm , City Manager
�
C Y COUNCIL ACTtON
APPROVF.D � nF.NiTD
RECEIVED OTHF.R
MEETtNG DAT� f� � ��-D 13
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NOf�S: No/ic:
A[3Sf;NT:
ARSTAIN: ` �
VEI21F(ED 13Y: �
OE•i�;in��l ��n File witl� Cit�y Clc�•1:'s ffiee
Company Profile Page 1 of 1
Company Profile
SURETEC INSURAI'�CE C4MPANY
1330 POST OAK BLVD., SUITE 1100
HOUSTON, TX 77056
Agent for Service of Process
NANCY FLORES,C/O CT CORPORATtON SYSTEM 818 WEST SEVENTH STREET LOS ANGELES,CA 90017
Unable co Locate the Agent for Sen�ice of Process?
Reierence Information
NAIC#: 10916
NAIC Group#: U000
California Company [D#: 4914-8
Date authorized in California: October 24,2005
License Status: UNL[M1TED-NORMAL
Company Type: Property&Casuatty
State of Domicile: TEXAS
' Lines of Insurance Authorized to Z'ransact
The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,
ptease refer to the elossarv.
SURETY
Company Complaint Information
Companv Entorccmc;nt Action Docwnents
Comnanv Performancc& Com�rison Data
Composite Complaint Studies
Want More?
Heln Me Find a Compam Representative in M��Area
Last Revised- May 26,2011 O l�14 PM
Copyright�i Califomia Department of Insurance
http://interactive.web.insurance.ca.�ov/webuser/idb co nrof utl.Qet eo nrof?n FTn=105Fi70 5l71�t11�
BOND N0. 4382550
PREMIUM: $933.00
CtTY OF PALM DESERT
STANDARD FORIIR
FAITHFUL PERFORMANCE BOND
NAME OF DEVEL�PMENT:IRONWOOD CQMMUNITYASSOCIATIUN "ICA"MARIPOSA GATE
NAME OF DEVELOPER: oxx BuzLnExs
NAME OF SURETY: SURETEC INSUitANCE COMPANY
EFFECTIVE DATE: �RIL 10, 2012
($37,318.00)
AMOUNT OF BOND: T�IRTY SEVEN THOUSAND THREE HUNDRED EIGHTEEN AND 00 j 100 DOLLARS
BOND NUMBER: 4382550
PREMIUM: $933.00
KNOW A�L MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, or atherwise, 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
Califomia and presently possessed of authority under Title 6 of the United States
Code to do business under Sectio�s 6 to 13 thereof, in the aggregate amounts
hereof, hereinafter referred to as SURETY, are jointly and severally held and
firmiy bound unto the City of Palm Desert, a municipal corporation of the State of
California, hereinafter referred to as CfTY, in the sum mentioned on Line 6
above, for the faithful performance of#hat certain IMPROVEMENT AGREEMENT
between PRINCIPAL and CITY regarding the subdivision named on Line 1
above, as required by the provisions of the Subdivision Map Act and CITY
ordinances, resolutions, rules, and regulations, for fhe payment of which sums
� well and truly to be made, PRINCIPAL and SURETY hereby bind themseives,
their heirs, administrators, executors, successors and assigns, jointly and
severaliy, �rmiy by these presents.
THE CONDITION of the foregoing obligation is such that if the said
PRINCIPAL shall taithfuHy perform the covenants, conditions, and agreements
contained in that certain IMPROVEMENT AGREEMENT between PRINCIPAL
and CITY regarding the development 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 spec�cations and perform all that certain work and
improvement in said CITY which is more particularly described in said
IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful
performance of said lMPROVEMENT AGREEMENT shall be void, otherwise to
remain in full force and effect.
The said SURETY, for value �eceived, hereby stipulates and agrees that
no change, extension of fime, alteration or addition to the terms of the
IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its abligations on
this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the 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 sha)I pay CITY'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.
,.---'�
,
�
BY: �'
PRINC AL' JSIGNATURE
t�� �
BRIAtt�t W. ORR
PRfiVT NAME
PRESIDENT/CEO ORR BUILDERS
TITLE & COMPANY NAME
PRlNCIPAL'S SIGNATURE
PRINT NAME
TITLE 8 COMPANY NAME
SURE'PEC INSURANCE COMPANY
BY: �G�t,,,l(/
SURETY'S SIGNATURE
� D. �T�R�I,�1, ATTORNLY-IN-FACT
SURETY'S SIGNATURE
(Notariai acknowtedgment of execution by ALL PRINCIPALS and SURETY must
be attached.
CALIFORNIA ALL-PURPOSE ACICNOWLEDGMENT
�.�:�� _ - . _ _ _ . -- - -- - - � �
S7A7E OF CAI.IFORNIA
County of SAN DIEGO }
On 4/10/2012 before me, MIC}-IELLE M BASUII NOTARY PUBLIC
� Fiere Insert ame and �ne o me r '
personaHy appeared MARK D.IATAROLA
Name s at .gner(s
who proved to me on ihe basis of satisfactory evidence to
be the person(a)whose name(a) is/a� subscribed to the
within Instrument and acknowled�ed to me that he/she/they
executed the same in his/heNil�eir aufhorized capacity(ies),
and that by hislher�t#�eir signaturefs)on the instrument the
person(a), or the entity upon behalf of which the perso►�s)
acted, executed the instrument.
� ���� E certify under PENALTY OF PER.fURY under the laws of
�•*��5 � the State of Caiifornia that the foregoing paragraph is true
�� and correct.
My coaa�+.�v. �us2�.2o�s
Witness my hand and official seal.
Signature ''�~�.�,�,� �. ,��s_ ' !
P�ace Notary Seal Above &gneture f Notary Publ�c
OPTIONAI
Though the informetion be%w is not required by law, it may prove valuable to persons relyfng on the document
arrd could preveni fraudulent removal and reattachment of thfs form to another documenf.
Descript�on of Attached Document
T;tle or 7ype of Document: PERFORMANCE BOND
Document Date: 4/10/2012 Number of Pages: 4
Signer(s)Oth+er Than Named Above:
Capacity(ies)Cfaimed by Signer(s)
Signer's Name:MARK D. IATAROtA Signer's Name:
O Individuai O Individuai V '
O Corporate Ofiicer—Titfe(s): O Corpotate Officer ---Title(S)�
❑ Partner—0 Limited�General ❑ Partner- ❑Limited C]General
Q1 Attorney in Fact ❑ Attorney in Fact � ;
❑ Trustee � ❑ Trustee •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other.
Slgner Is Representing� Signe�Is RepresenGng:
:�'�c.- _
O 20QT Nanonal NWary qaeodatipn•g3gp pe Soip pve PO 8ox 2402•(:hetavrafh,Gp 91319-2�•www Na4analNolaryap Nsm M5907 Heortler:pq To6 free 1�800�B78�BB27
ACKNOWLEDGMENT
State of California
County of Riverside )
4n y"/�"���z-- before me,Anna Marie Scott. Notary Pubiic
(insert name and title of the officer) �
personalty appeared Brian W. Orr
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
helshefthey executed the same in his/her/their authori�ed capacity(ies), and that by
hislherl�heir signature(s) on the instrument the person(s), or #he entiry upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing parag�aph is tn�e and correct.
WITNESS my hand and official seai. ���wt�sCotT
��etloa s^1�139J91-
� �'�r } ����V�IN
Signature_�_, Yi�i�G' `'11���. � �7t�. 1 (Seal) �Cowiq
i
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� . . . POA q: S'i OOZ'i
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� SureTec Insurance Company
LIMITED POWER OF ATTORNEY
, Kaow A!!Men by T/rese Presen�s, 7hat SURETEC MSURANCE 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, dces by these presents
make.constitutc and appoini
Helen Maloney,Matthew C. Gaynor, Mark D. latarola John G.Maloney
its true and lawful Attor�y-it�-faci,with fuli power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds, rxognizances, undertakings or other insiruments or contracts of suretyship to include waivers to the
conditions of conpacts and consents of surety for.
Five Million and 00/100 Dollars($5,0OO,OpO.pp)
and to bind ihe Company thereby as fuiiy and to the same extent es if such bond were signed by the President,sealed with the corporate
seal of the Company and duly attesied by its Secretary,hereby ratifying and confuming all that the said Attorney-in-Fact may do in the
premises. Said appoinknent sha(I continue ia force until �a�3�rzo�3 and is made under and by suthoriry of the foliowing
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved,th�the President,any Vice-prcsident,any Assistant VicuPmsidrnt,any Socrctary or any qssistant SaKWy gha��be and is
hereby vested with full power and authonry to appoint eny one or more suitable persons es Attomey(s)-in-Feci to represent and act for and on
beheif of the Company subject W the following provisions:
Aawney-tn-Fact may be given fuU powa end authority for and in the namc of and of bchalf of the Company,to exccute,ecknowledge and
ddiver,any and all bonds,�ecognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings end any and ai(
( noi�as and documents cancoling or tcrminating the Compony"s liabiiiry ihereunder, and eny such insduments so executed by ar�y such
i Attomey-ia-Fact shalt be binding upon the Compeny as if signed by the President end sealed and etfecud by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company herctofore or hereaRer affi+ced to any powa of ai[omey or
any cMiScate rclating thcreto by faesimile,and any power of attorney or certificate bearing facsimile signeture or facsimik sea)shall be valid
and binding upon the Company with respect to any bocxl or vndertaking to which it is attached. (Adopted at a meet�ng held on 20'�"ojApnl.
1999)
In Wirness Wkeieof,SURETEC INSURANCE COMPANY has caused these presents to be sigr�d by its President,and its corporate sesi
( to be hereto att'ixed this 3rd day of Se}uember,A.D.2010.
SURETEC I1VSU E C PANY
� �
t,�`~X ��`�°o
� 9 9 By'
` StateofTexas �: a w c, � John o Jr., sident
County of Harris �'� 1
� �s
I! Oa this 3R1 day of September,AD.2010 before me pusonally came lohn Knox Jr.,to me known,who,being by me duly swam,did d
he rcsides in Houswn, Tpcas,tliet he is presi�nt of SURETEC INSURANCE COMPANY,tlie cam �'��d say,that
( instrumenc;that he knows the seal of said Company,ttiat the s�al af�ixed to said instrument is such c �Y d���n and which exxuted the ebove
Board of Dircctors of said Com orporete seal;that it was so afTixed by order of the
pany;nnd tha!hc signed his name thereto by like order.
ii
I ...��„�.�,,,w„n, .
� ��"o� JACQUELYN MALOONA00
_�����`:�'= NolaryPub6c.StateoFTexas �_
��.�;� MyCommisswn ExpKes acq�ely atdo ado,Notary Pablic
''f„a;`�' h►oy t 8,2013 y comm ion ex ' May 18,2013
�
1,M. Brene Beary,Assistant Secretary of SURETEC MSURANCE COMPANY,do hereby certify that the above and foregoing i�a t•ue and correct copy
� of a Power of Attomey,executed by said Company,ahich is stitl in Cull force and effect;end furthermore,the resolutions of tlse Baud of Directors,set �
out in tlu Power of Aaorney are 1n full force and etlbct
f
Given under my hand and!he seai of said Company at Houston,Texas this 1�H day of �'RIL 2012 ,A.D.
, �
� �
'�� I
� M.Brent Beaty,Assistant Secreta
r9 (
� My instrumerrt issuad in excess of tha penalty stated above Is toUdly void and without any vslidity.
For veriflcadon of the authortty of thic power you may call(713)812-0600 any bustness day between g:00 am and S:OC pm CST.
�. _���
' ,,
BOND N0. 4382550
�RE�I�1NCI.UOED IN PERfORII�CE BOND
CITY OF PALM DESERT
STANDARD FORM
PAYMENT BOND
(LABOR $ MATERIALS)
NAME OF PROJECT: IR��OOD COMMiJNITY ASSOCIATION"ICA" MARIPOSAGATE
NAME OF DEVELOPER: �� BUI�E�ts
NAME OF SURETY: S�TEC INSUItANCE COMPANY
EFFECTIVE DATE: ��IL 10, 2oz2
($18,659.00)
AMOUNT OF BOND• EI�TEEN THOUSANDSIX HUNDREDFIFTY NINEAND 00/ZOODOLLAItS
BOND NUMBER• 4382550
PREMIUM: INCLUDED IN PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, o� othenivise, 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 Califomia and presently possessed of authori#y under
Title 6 af 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 heid and itrmly bound unto and all materiaimen, 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 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, ali persons who pe�formed work or labor upon the same, and all
persons who supply both wo�lc 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, joinfly and
severally, firmly by these presents.
THE CONDlTION OF THE OBLIGATION is such that whereas the above-
bounden PRINCIPAL has entered into an 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
project named on Line 1 of Page 1 hereof, which said IMPROVEMENT
AGREEMENT is by this reference incorporated herein:
NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor,
person, company or corporation, or his or its subcontracfor, or subcontractors,
fails to pay for any materials, provisions, provender, or the supplies, or teams
used in, upon, for, or about the pertormance of the work contracted to be done,
or for any worlc 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 alsa, 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 all
applicable CfTY ordinances, resolutions, rules and regulations supplemental
thereto; and all amendments thereto; and shall inure to the benefit of any and atl
materialmen, persons, companies or corporations entitled to file ctaims under
and by virtue of the provisions thereof.
!N WiTNESS WHERE4F, PRINCIPAL AND SURETY have executed this
instrument the date mentioned on Line 4 of Page 1 hereof.
; .
;��,
BY:
PRINC A IGNATURE PRINCIPAL'S SIGNATURE
BRlAN W. ORR
PRtNT NAME PR1NT NAME
PRESIDENT/CEO ORR $UILDERS
TlTLE�COMPANY NAME TITLE&COMPANY NAME
SURETEC INSUItANCE COMPANy
BY: ,/`l�U, C��
SURETY'S SIGNATURE
MARK D. IATAROLA, ATTORNEY-IN-FACT
SURETY'S SIGNATURE
(Notarial acknowledgement of execution by ALI,PRtNCIPALS and SURETY must be at:actrEd.j
APPROVED AS TO FORM:
DAVID J. ERWIN, CfTY ATTORNEY
CALIFORNtA ALL-PURPOSE ACKNOWLEDGMENT
��z�>�� . _ - _ _ _ -- - - - - -- - � �
STATE�F CI�t.IFORNIA
County of SAN DIEGO }
On 4/10/2012 before me, MICHELLE M, BASUIL N�OTARY PUBLIC
�� Here Insert ame an +ae of the �
Persona�ly appeared MARK D. IATAROLA
Name(s of gner a) -`"
r
who proved to me on the basis of satisfactory evidence to
be the person(a) whose name(s) is/ar�subscribed to the
withm instrument and acknowled�ed to me that he/sqe�t�wy
executed the same in hisNter�+ttt�ir authorized capacity(ies),
and that by his/t�e+�,4heir stgnature(aj on the instrument the
person(s),or the entity upon behalf of which the person�)
acted, executed the instrument.
MI(�ELLE M.9ASUIL
CONIAA.�ie8'Z575 � I certify under PENALTY OF PERJURY under the laws of
�� the State of California that the foregoing paragraph is true
�,� � �Q 2�y��g and correct
Wltness my hand and official seal.
Signature ''�"�.4 ¢er�, �"�, /�t,d.,.��!
Place Nota�y Seaf Aboye &gna re of Notary Public �
OPTIONAL
Though the information be/ow is not required by/aw, it may prove valuable to persons refying on fhe document
and could prevent fraudulenf removai and reattachment of this lorm to another document.
Description of Attached Dacument
Title or Type of Document� PAYMENT BOND
Document Date: 4/10/2012 Number of Pages: 4
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
S►gner's Name:�RK D IATAROLA 5ic,�ers Name:
��Individual 0 Individual V
❑ Corporate Oificer-- Title(s): ❑ Corporate Officer-�-•Title(s):
❑ Partner—D Umited Cl Generai ❑ Partner —�Limited O Oeneral
Qf Attorney in Fact ❑ Attomey in FaG �
❑ Trustee • D 7rustee • �
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
S�gner Is RepresenCmg� Signer!s Representing:
:� _ _ _
02007 Naa6nel Ndary Aseaoa!�or•g�p ps 3ob Ave.PO Boa 2dp2•Chalswprlh.CA p/913�2102•wwwNe�qytNpqryprg Nem Mb9p7 Aeo�der CaN 7ql•Fr9s 1•800�8768827
ACKNOWLEDGMENT
State of Califomia
County of Riverside )
On '' '� d��:�`�F��-- befa�e me,Anna Marie Scott. Notary Public
(insert name and titte of the officer)
personally appearsd Brian W. OR ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument th+e person(s}, or the entity upon behalf of
which the person{s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is tn.ie and correct.
WITNESS my hand and o�cial seal. �c�#�'
M°wrq Puegc•C�Nfonda
Signature ����,_ %.:,���� �� `�� � -,i (Sealj � r �C°�"�
- • .Z013
t---
POA a: 510021
� SureTec Insurance Company
LIMITED POWER OF ATTORNEy
Know All Men by Tltese Presenls, 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�mesents
make,constitute and a F�'
ppoint
Helen Maloney,Matthew C.Gaynor,Mark D. latarola John G.Maloney
its true and lawfvl Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and al)bonds,recognizances, undertalcings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surery for.
Five Million and 00/100 Dollars($5,OOO,U00.00)
and to bind the Company thereby as fully and to the same extent es 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 confvming al!that the said Attomey-in-Fact may do in the
premises. Said appointment shall continue in force until �ws�rzo�s and is made under and by authority of the foUowing
resolutions of the Board of Directors oE'the SuroTec Inswance Company:
Be it Resolved that the President,any Vice-President,any Assistant V►caYresident,any S�cretary or any qgsistant Secretery she11 be and is
hercby vested with fult power and authonty to appoint any one or more suitable persons a,s Attomey(s)-in-Fact to reprcsent and act for and on
behalf of thc Compariy subject to the following provisions:
Attorney-In-Fact may be gIveo full power and anthority for snd irt the namo of and of behalf of tha Company, to�xecute,acknowledge end
deliver,any and all bonds,recognizances,contracts,agrcemenu or indemniry and other conditional or obligaWry undertukings and eny and a!I
notices and documents canceling or terminating the Company's (iability tbereunder, and any such inswments so executed by any such
Attorney-in-Fact shnll be binding upon tht Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resofved. that the signature of any suthorized otFccr and seal of the Com�y herctofore or hercafter affixed W any power of attorney or
any certi6cate relating thereto by facsimile,and any power of attomey or certificate bearing facsimile signaturo or facsimile seat sha11 be valid
and binding upon the Company with respect to any bond or undcrtaking to which it is attached (Adopted a�a meeting held ar 20r'ojAprrl,
I99Q)
In Wlrness Wliereof,SURETEC MSURANCE COMPANY has caused these presents W be signed by its President,and its corporate seal
to be hereto affixed this 3rd day of Se�xember,A D,2010.
SURETEC INSU 1� E C PANY
�°?y�9��° y�
9 B
StatoofTexes �; �� y � John o Jr., resideat
County of Hams �'A .,1. �
*
On this 3rd day of September,A D.2010 txforc me personeily came John Knox Jc,to me known,who,being by me duly swom,did dopose and say,that
he rcsides in Houston,Texss„ thet he is President of SURETEC INSURANCE COMPAtJY, the company desenbed in and which acocuted the above
instruma�t;the[he knows the senl of said Company,that the sea!�xed�o said insUvmrnt is such cocpvrate sea�;that it was so atTixed by order of the
f Board of Directors of said Company;and that he signed his namc thereto by tike order
I
� ��
I a'«•.,, JACQUEIYN MALDONADO ,,�/�,�s�„��
j '��� ��:° PJo1ary Public,State ol Texas 14J�lI'
�,���;_� My Commiss�on Expiras ac ely ald ado,Nowry Public
'"wf"�;' MaY 18,2013 y comm ion e ' s May I 8,2013
i,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COIv1PANY,do hereby catify that the above and foregoing�s a we and correct copy
; of a?ower of Attomoy,executed by said Company,which is stitt in full force and effect and furthermorc,the msolutia�s of!he Soard of airecWrs,set
out in the Power of Attomey are in ful!force and effect.
� Given under my hand and the seal of said Company at Houston, l'exas this 1�H �y of APRIL 2012 ,A.D.
� � �
� '
� M.Brent Beaty,Assistant Secretgry
' My instrumoM Issued in excess oi the penalty stated abo�e�$to�1�y�ad and without arty validity. �
; For ve�iflcaUon of the authority of thla powa�yeu may catl(713)612-0800 any business day betwean 8:00 am and 5:00 pm CST.
IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:_ Anril l l,2012
NAME OF DEVELOPER: Orr Buil
(referred to as"DEVELOPER").
NAME OF DEVELOPMENT:�ronwood Cornmunitv Association"ICA"Mariposa
Gate(known as Gate House)
(referred to as"DEVELOPMENT").
DEVELOPMENT RESOLUTION
OF APPROVAL NO.: Resolution: N/A
(referred to as"Resolution of Approval")
IMPROVEMENT PLANS NO.: G-1276
(refened to as"Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS: $31.098.30
SURETY: SureTec Insurance Co an
LETTER OF CREDITBOND NOS.: 4382SS0
This Agreement is made and entered into by and between the City of Palm Desert,a
municipal cvrporation of the State of California,hereinafter referred to as"CITY",and the
DEVELOPER.
99999.0999915I60340 t
RECITALS
A. DEVELOPER has presented to CITY for approval a Conditional Use
Permit/Precise Plan of Development pursuant to provisions of the CITY's ordinances and
regulations relating to development approval.
B. A Conditional Use Permit/Precise Plan of Development has been approved,
subject to the requirements and conditions contained in the Resolution of Approval. The
Resolution of Approval is on file in the Office of the Dir�tor of Community Development and
incorporated into this Agraement by reference.
C. In consideration of the approval of a Conditional Use Permit/Precise
Plan of Development for the DEVELOPMENT by the Planning Commission, DEVELOPER
desires to enter into this Agreement, whereby DEVELOPER promises to install and complete, at
DEVELOPER's own expense, all the public improvement work required by CITY in connection
with the proposed DEVELOPMENT. DEVELOPER has secured this Agreement by improvement
security required by the City and approved by the City Attorney.
D. Complete Improvement Plans for the construction, instatlation, and
completion of the improvements have been prepared by DEVELOPER and approved by the City
Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on
file in the Office of the 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.
E. 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
�s.o��s�6o�ao.�
Page 1 of this Agreement.The basis for the estimate is on file in the Office of the City Engineer and is
incorporated into this agreemecrt by reference.
F. CITY has adopted standards for the construction and installation of improvements
within the CITY. The Improvement Plans have been prepared in conformance with CITY
s#andards in effect on the date of the Resotution of Approval. �
NOW,THEREFORE,in consideration of the approval of the DEVELOPMENT,
DEVELOPER and CITY agree as follows:
(1)DEVELOPER's Obligation to Construct Tmprovements.
DEVELOPER shall:
(a) Comply with all the requirements of the Resolution of Approval, and any
amendments thereto.
(b) Complete at DEVELOPER's own expense, all the public improvement
wark required by the Resolution of Approval in conformance with approved
Lnproveraent Plans within one year from date of execution of this Agreement.
(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 ctear of a!1 liens and encumbrances. The
DEVELOPER's obligations with regazd 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 DEVELOPER and CITY.
ss9�.o9s�s��3aa.� 3
DEVELOPER shall also be responsible for obtaining any public or private sanitary
sewer,domestic water,drainage, and/or utility easements or authorization to
accommodate the DEVELOPMENT.
(e) Commence construction of the improvements by the time established in
Section (21) 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
authoriz.ed in Section(21).
(2) Acauisition and Dedication of Easements or Ri ts-of-Way. If any of the pubtic
improvement and land use development work contemplated by this Agreement is to be
constructed or installed on land not owned by CITY or DEVELOPER, no construction or
instatlation shall be commenced before: •
(a) The offer of dedication to CITY of appropriate ri,ghts-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,
Of
(b) The dedication to, and acceptance by, CITY of appropriate rights-of way,
easements or other interests in real property,as detennined by the City Engineer,or
(c) The issuauce by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. DEVELOPER shatl comply in all
respects with the order of possession.
Nothing in this Section(2)shall be construed as authorizing or granting an
extension of time to DEVELOPER.
�s o�ts�6a3ao i 4
(3) ecuri . DEVELOPER shall at all times guarantee DEVELOPER's performance by
fi�rnishing to CITY, and maintaining, good and sufficient security as required on forms
approved by CITY for the purposes and in the amounts as follows:
(a) to assure 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 Iabor 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
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 pmvided 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 incarporated into this Agreement. Upon provision of a replacement
security with the City Engineer and fiting 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 (IO%) of the original estimated cost of the improvements,
which are mutually agreed upon by CITY and DEVELOPER, shall not relieve the
improvement se�urity given for faithful performance of this Agreement. In the
�.o�,s��o3ao.t S
event such changes, alterations, or additions exceed 10% of the original estimated
cost of the improvement, DEVELOPER 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 DEVELOPER 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
DEVELOPMENT 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 DEVELOPER 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. DEVELOPER 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,DEVELOPER 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
Counci(.No improvements shal)be finally accepted unless all aspects of the work have been inspected
and completerl in accordance with the Improven►ent Pians. When applicable law requires an inspe�tion
to be made by City at a particular stage of the work of conswcting and installing such improvements,
C[TY shall be given timely notice of DEVELOPER's readiness for such inspection and DEVELOPER
��o�ns�6o3ao i 6
shall not proceed with additional work until the inspection has been made and the work approved.
DEVELOPER shall bear alt costs of inspection and certification. No improvements shall be deemed
completed until accepted pursuant to Section(16)herein.
(6) Release of Securities. T`he securities required by this Agreement shall be released as
following:
(a) Security given for faithful performance of any act, obligation, worl� 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 DEVELOPER; 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 Iess than fifly percent(50%) of the total improvement
security given for faithful performance until final completion and accsptance of the
impmvement 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�yment 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 alI claimants for whom liens have been filed and
of which notice has been given to the CITY,plus an amount reasonably determined
�o��s�6o3ao� 7
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 alt claims and obligations for which the security was given.
(d) 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
DEVELOPER 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. DEVELOPER shall
bear the entire cost of replacement or repairs of any and all public or public utility property
damaged or destroyed by reason of any work done under this Agreement, whether such
property is owned by the United States or any agency thereof,or the State of Califomia, or any
agency or politica! subdivision thereof, or by CITY or any public or private utility corporation
or by any combination af such owners. Any repair or replacement shall 6e to the satisfaction,and
subject to the approval,of the City Engineer.
(8) Permits. DEVELOPER shall, at DEVELOPER's expense, obtain all
necessary permits and licenses for the construction and installation of the improvements, give
all necessary notices and pay all fee.s and taxes required by law.
(9) Default of DEVELOPER.
(a) Default of DEVELOPER shall include,but not be limited to,
(1) DEVELOPER's failure to timely commence construction of this
Agreement;
(2) DEVELOPER's failure to timely camplete construction of the
improvements;
�4.o�s�so3ao.i 8
(3) DEVELOPER's failure to timely cure any defect in the
improvements;
(4) DEVELOPER's failure to perform substantial construction work for
a period of twenty(20)calendar days after commencement of the work;
(5) DEVELOPER's insolvency, appointment of a receiver, or the filing
of any petition in bankruptcy either voluntary or involuntary which
DEVELOPER fails to discharge within thirty(30)days;
(6) the commencement of a foreclosure action against the
DEVELOPMENT or a portion thereof, or any conveyance in lieu or in
avoidance of foreclosure;or
(� DEVELOPER's failure to perform any other obligation under this
Agreement.
(b) CITY reserves to i#self all remedies available to it at law or in equity for
breach of DEVELOPER's obligations under this Agreement. CITY shall have the
right, subject to this Section, to draw upon or utilize the appropriate security to
mitigate CITY's damages in event of default by DEVELOPER. The right of CITY
to draw upon or utilize the security is additional to and not in Iieu 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 DEVELOPER'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.
�o��s�6o3ao� 9
(c) In the event of DEVELOPER's default under this Agreement,
DEVELOPER authorizes CITY to perform such obligation twenty (20) days after
mailing written notice of default to DEVELOPER and to DEVELOPER's surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
over the work and prosecute the same to completion, by contrac# or by any other
method CITY may deem advisable, for the account and at the expense of
DEVELOPER, and DEVELOPER's surety shall be liable to CITY for any excess
cost or damages occasioned CITY thereby. In such event, CITY, without liability
for so doing, may take possession of, and utilize in completing the work, such
materials, appliances,plants and other property belonging to DEVELOPER as may
be on the site of the work and necessary for performance of the work.
(d) Failure of DEVELC)PER to comply with the terms of this Agreement shall
constitute consent to the filing by CITY of notice of violation against all proposed
improvements in the DEVELOPMENT, or ta rescind the approval or otherwise
revert the DEVELOPMENT to acreage.The remedy provided by this subsection(c}
is in addition to and not in lieu of other remedies available to CITY.DEVELOPER
agrees that the choice of remedy or remedies for DEVELOPER's breach shal!be in
the discretion of CITY.
(e) In the event that DEVELOPER fails to perform any obligation hereunder,
DEVELOPER agrees to pay all costs and expenses incurred by CITY in securing
performance of such obligations, including but not limited to fees and chazges of
architects,engineers,attorneys,other professionals,and court costs.
�o�+s�ba34o.i 10
(fl 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 DEVELOPER.
(10) DEVELOPER Not A�ent of CITY. Neither DEVELOPER nor any of
DEVEL4PER's agents,contractors or subcontractors are or shall be considered to be agents of
CITY in connection with the performance of DEVELOPER'S obligations under this
Agreement.
(11) Injury to �1Vork. Until such time as the improvements are accepted by CITY,
DEVELOPER shall be responsible for and bear the risk of loss to any of the improvements
constructed or installed. Until such time as all improvements required by this Agreement are
fully completed and accepted by CIT`Y, DEVELOPER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer
or employee thereof,be liable ar responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvemenis specified in this Agreement prior to the
completion and acceptance of the work or impravements. All such risks shall be the responsibility
of and are hereby assumed by DEVELOPER.
(12) Warranri. DEVELOPER shall guarantee or warranty the work done pursuant to
this Agreement for a period of one year after finaI formal acceptance of the improvements by
the City Council against any defective work or labor done or defective materials fumished. If
within the warranty period any work or improvement or part of any work or improvement
done, fiunished, installed, or constructed by DEVELOPER fails to fulfill any of the
requirements of this Agreement or the improvement plans and specifications referred to herein,
DEVELOPER 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 sttvcture.
�.o�s�+sTbo3ao.y 11
Should DEVELOPER fail to act promptly or in accordance with this requirement,
DEVELOPER hereby authorizes CITY, at CITY's option, to perform the work twenty (20)
days after mailing written notice of default to DEVELOPER and to DEVELOPER's surety, and
agrees to pay the cost of such work by CITY. Should CITY determine that an urgency
requires repairs or replacements to be made before DEVELOPER can be notified, CITY may,
in its sole discretion,malce the necessary repairs or replacement ar perform the necessary work
and DEVELOPER shail pay to CITY the cost of such repairs.
(13) Environmental Warrantv. Prior to the acceptance of any dedicadons or
improvements by CITY, DEVELOPER shall certify and wanant that neither the property to be
dedicated nor DEVELOPER is in violatian of any environmental law and neither the property
to be dedicated nor the DEVELOPER is subject to any existing, pending or threatened
investigation by any federal, state or local governmental authority under or in connection with
environmental law. Neither DEVELOPER nar 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. DEVEL�PER has not caused or
perrnitted the release of, and has no krcowledge 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 groperty to be dedicated.
DEVELOPER'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. DEVELOPER 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
�.o�s�6o3ao.� 12
be dedicated or the migration thereof from or to any other property adjacent to,or in
the vicinity of,the property to be dedicated;
(b) Any claims made or threatened by any third party against CITY or the
property to be dedicated relating to any Ioss or injury resulting from any hazardous
substance;and,
(c) DEVELOPER'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 A eements. Nothing contained in this Agreement shall preclude CITY from
expending monies pursuant to agreements concurrently or previously executed between the
parties, or frorn entering into agreements with other developers for the apportionment of costs
of water and sewer mains, or other impravements, pursuant to the provisions of the CITY
ordinances providing therefore,nor shalt anything in this Agreement commit CITY to any such
appartionment.
(15) pEVELOPER'S Obtigation to Wam Pubtic During Construction Until formal final
acceptance of the improvements, DEVELOPER shatl 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 cflndition.
(16) Vesting og Qwnershi� 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.
�.o�xns�6o3ao i 13
(17) Fina1 Accentance 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 a11 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 compteted, 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
DEVELOPER, its agents, or employees, contractors and subcontractors in the performance of
this Agreement DEVELOPER further agrees to protect, defend, indemnify and hold harmless
CITY,its officials,boards and commissions,and members thereof,agents and employees from
any and all claims, demands, causes of acdon, liability or loss of any sort, because of, or
arising out of, acts or omissions of DEVELOPER, its agents, employees, contractors and
subcontractors in the performance of this Agreement,except for such claims,demands,causes
of action, liability, or loss arising out of ihe 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 DEVELOPMENT,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
v�os�u��ao.� 14
responsible for the design or construction of the property to be dedicated or the improvements
pursuant to the approved improvement ptans 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 DEVELOPER 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 alternative safe and
feasible design.
After acceptance of the improvements,the DEVELOPER shall remain obligated to
eliminate any defect in design or dangerous condition caused by the design or construction defect;
however,DEVELOPER shall not be responsible for routine maintenance. Provisions of this
Section shall remain in full force and effect for ten(1 Q)years following the acceptance by CITY
of the improvements. It is the intent of this Section that DEVELOPER sha11 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,nanfeasance,misfeasance or
malfeasance in appmving,reviewing,checking,or inspecting any work or construction.The
improvement security shail no#be required to cover the provisions of this Section.
DEVELOPER shall reimburse CITY for ail casts and expenses(including but not limited
to fees and charges of architects,engineers,attomeys,and other prafessionals,and court costs)
incurred by CITY in enfaroing the provisions of this Section.
(19) Personal Nature of DEVELOPER'S Obligations. All of DEVELOPER's
obligations under this agreement are and shall remain the personal obligations of
DEVELOPER notwithstanding a transfer of alI or any part of the property within the
DEVELOPMENT subject to this Agreement,and DEVELUPER shall not be entitled to assign
�.o�s��ao.� I S
its obligations under this Agreement to any transferee of all or any part of the property within
the DEVELOPMENT or to any other third party without the express written consent of CITY.
(20) Sale or Disposition of DEVELOPMENT Seller or other DEVELOPER may
request a novation of this Agreement and a substitution of security. Upon approval of the
novation and substitution of securities,the DEVELOPER may request a reiease or reduction of
the securities required by this Agreement. Nothing in the novation shall relieve the
DEVELOPER of the obligations under Section (l7) for the work or improvement done by
DEVELOPER
(21) Time of the Essence. Time is of the essence in the performance of this Agreement.
(22) Time for Commencement of Work; Time Extensions. DEVELOPER shall
commence substantial construction of the improvements required by this Agreement not later
than six (b) months after the date of this Agreement. In the event good cause exists as
determined by the City Engineer,the time for commencement of construction or completion of
the improvements hereunder may be extended for a period or periods not exceeding a total of
two (2)additional years. The extension shalt be executed in writing by the City Engineer. Any
such extension may be granted without nodce to DEVELOPER's surety and shall not affect
the validity of this Agi�eement 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 DEVELOPER 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 politica[actions which prevents the conducting of work,which
DEVELOPER could not have reasonably foreseen and, furthermore, were not caused by or
contributed to by DEVEL�PER, shall constitute good cause for and extension of the time for
completion. As a condition of such extension, the City Engineer may require DEVELOPER to
�o�s�6o3�0� 16
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 Vgstingof Rip�hts• Performance by DEVELOPER of this Agreement shall not be
conshued to vest DEVELOPER'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 sha11 be in
writing and delivered in person or sent by mail, pastage 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 DEVELOPER: QQ(Z g(� �c�erS
39 3d1 �Bc�nFr Slrree�
5ttii te �Dd�
Pa,l m L�,�',�r� CA q 22 i j
NoticetoSURETY: S1�t�P_('., 1YtSvr��['o_ �11r1�DQ,v►�
i �3,[� Pasi- D�.I� $�{„_�
►L►t�i!� .
N ou5+on ,� ��[�51n
(25) Compliance With l,a, ws• DEVELOPER, 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.
�o�xs�bo3ao� 17
(2� Severabilitv. The provisions of this Agreement are severable. If any portion of this
Agreement is held invalid by a court of cornpetent jurisdiction,the remainder of the agreement
shall remain in full force and effect unless amended or modified by the mutual consent of the
parties.
(2�) Captions. The captions of this Agreement aze for convenience and reference only
and shall not define,explain,modify,limit,exemplify,or aid in the interpretation,construction
or meaning of any provisions of this Agreement.
(28) Liti�¢ation or Arbitration. In the event that suit or arbitration is brought to enforce
the terms of this Agreement, the prevailing party shall be entitled to litigation costs and
reasonable attomeys' fees.
(29) IncorpQr,�tion of Recitals. The recitals to this Agreement are hereby incorporated
into in the terms of this Agreement.
(30} Entire A�reement. 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 Agreernent shall be interpreted in accordance with the laws of
the State of Califomia.
(32) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be
in the County of Riverside,State of California
99949.09999o►57(A340.1 1 S
IN WITNESS WHEREOF,this Agreement is elcecuted by the parries as of the date
hereinabove first wr�,,�' tet3,;-�b�yfITY,by and through its Mayor.
;!:-
,°'��
CITY OF PALM DESERT
DEVE PE' —ORR BUILDERS
Brian W. Orr,PresidendCEO
By:
DEVELOPER MAYOR
ATTEST
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
99999.U9999157fi0340.1 �9
ACKNOWLEDGMENT
State of California
County of Riverside )
On .+" ��� f� before me, Anna Marie Scott. Notary Public
(insert name and title of the officer�
personaily appeared Brian W. Orr ,
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 acknowiedged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/Mer/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instn.iment.
t certify under PENALTY O� PERJURY under the taws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and officiat seal. nti�u����
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` � � Nohry Pubtk-CaNtomi�
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Signature '_ tii-:��� � !t��� �t�� .-rrl'I_ Y (Seal) My Cann,. � s.20�3"
CIVIL ENGINEERING
LAND SURYEYING
P.o.�ox�2ss0 March 27, 2072
� Palm Desert,CA 92255
(760)3�46-8015
F E I I�O ��fe���8 Fax
BNCiN66AtNC,iae. �
ironwood Community Association
Go MERIT Property Management
43-100 Cook Street, #103 •
Palm Desert, CA 92211
For Portola Front
Engineer's Cost Estimate
ITEM QUANTITY UNIT UNIT TOTAL
PRICE
Remove and dispose existing curb,
gutter, ac pavement(headwalt outlet) 40 SF $ 4.00 $ 160.00
Construct 3"AC over 4"AB 5 SF $ 2.50 $ 12.50
Construct 8"curb and gutter 24 LF $ 12.95 $ 310.80
Demolition of existing pavers,concrete bands 1,560 SF $ 4.00 $ 6,240.00
Demolition of existing storm drain/junction box 1 LS $ 900.00 $ 900.00
12"RCP 9 5 LF $ 45.00 $ 675.00
Landscaping, lighting and irrigation 1 LS $ 18,000.00 $ 18,000.00
Drywell 1 EA $ 4,800.00 $ 4,800.00
GRAND TOTAL $ 31,098.30
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Ronald K.Feiro,RCE 52260
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IRONWOOD COUNTRY CLUB ENTRY AT
MARIPOSA AND PORTOLA
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