HomeMy WebLinkAboutRelease Scrty - PP 06-01 - Vineyards CITY OF PALM DESERT
_ �
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR PP 06-01(VINEYARDS)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Sinatra & Cook Project, LLC
528 Palisades Drive, #530
Pacific Palisades, CA 90272
Suretec
Attention: David Noddle
19507 Ventura Blvd.,
Tarzana, CA 91356
BOND NUMBER: 4382657
DATE: January 24, 2012
CONTENTS: Bonds
Agreement
Vicinity Map
Recommendation
By Minute Motion, release security for Frank Sinatra Drive improvements
for PP 06-01 (Vineyards).
Backqround
The subject property is located on Cook Street between University Park Drive and
Frank Sinatra Drive. Bonds in the total amount of $118,675 were submitted at the time
of permit issuance for improvements to Frank Sinatra Drive.
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.
Staff Report
Release Security for PP 06-01(Vineyards)
January 24, 2013
Page 2 of 2
The faithful performance and labor and materials bonds were held for one-year in lieu of
a maintenance bond submittal. The one-year maintenance period is now complete. Staff
recommends that the City Council authorize the release of the faithful performance and
labor and materials bonds.
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By: Dep Head:
,. 'Y�,
Christina Canales, Assistant Engineer Mark r enwood, P. .,
Direct r f Public Wo ks
Paul S. Gibson, Director of Finance
Approval:
�� ��
�
o n M. Wohlmuth, City Manager
COUNCIL ACTiON
APPROVED._.._;�,_ DENIF,D
RECEIVED OTHCR
---.----_
MF,I;TING DATE '� -�O "
AYES: �t1�r /,r ,Plh�� 2.'' i I
NOES: ��_
ABSi:NT: � e
ABSTAIIV:
VF,RIFIF.D 13Y:
Originat on File with City Clcrtz's Of �ce
,
CITY OF PALM DESERT
STANDARDFORM
FAITHFUL PERFORMANCE BOND
NAME OF DEVELOPMENT: Vinevards-Frank Sinatra Improvements
NAME OF DEVEIOPER: Sinatra and Cook P�jec,�, LLC
NARAE OF SURETY:__SureTe�, Insurance Company
EFFECTIVE DATE: 0 3/14/2 019
AMOUNT OF BOND: $�9. 11�.o 0
BOND NUMBER: 4382657
PREMIUM:�,978_oo/2 Years
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporatian, 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 corpo�ation 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 refeRed 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 menfioned on Line 6
above, for the fiaithful performance of that certain lMPR�VEMENT AGREEMENT
between PRINCIPAL and C1TY regarding the subdivision named on Line 1
above, as required by the provisions of the Subdivision Map Act and CITY
ordinances, resolutions, rules, and regula#ions, for the payment of which sums
�
well and truly to be made, PRINCIPAL and SURETY hereby bind themsetves,
their heirs, administrators, executors, successors and assigns, jointly and
severafty, firmly by these presents.
THE CONDlTION of the foregoing obligation is such that if the said
PRiNCIPAL shall faithfully perform the covenants, conditions, and agreements
contained in that certain IMPROVEMENT AGREEMENT between PRINCIPAL
and ClTY regarding the devefopment 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 spec�ed, and shalf furnish materiat
in compliance with the specifications and perforrn all that certain work and
improvement in said CITY which is more particularly described in said
lMPROVEMENT AGREEMENT, then the obligation with respect to the faithfui
performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to
remain in full force and effect.
The said SURETY, for vatue received, hereby stipulates and agrees that
no change, extension of time, aiteration or addition to the terms of the
IMPROVEMENT AGREEMENT or ta the work to be perfoRned thereunder or the
specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice af any such change, extension of time,
afteration or addition to the terms of the tMPROVEMENT AGREEMENT, the
work, the spec�cations or any feature or item of perFormance thereunder. tn 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.
(N WlTNESS WHEREOF, PRINCIPAL and SURETY have executed this
instrument on the date mentioned on Line 4 of Page 1 hereof.
PRINCIPA SIG ATURE
�Av►eVJ, L �v.�1.t�r '1„ �/ii
PRINT NAME � �
IA �r
�''l�.�c.+ 5,.,,��.. � Go.k . . . . . . .
TITLE & COMP NY NAME Q�e����.. �, ��
PRINCIPAL'S SIGNATURE
PRtNT NAME
TITLE & COMPANY NAME
SureTec Insurance Company
SURETY'S SIGNATURE
David No Ie, Attorney-in-fact
,
SU ' NATURE
(Notaria! acknowledgment of execution by ALL PRINCIPALS and SURETY must
be attached.
ACKNOWLEDGMENT
State of Califomia
County of_Los Angeles �
On o3-14-20�1 before me, Christo he� r John Riziotti. Notaq/
(insert name and tiUe of the officer)
personally appeared�avid Noddle
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 helshe/they exe�uted the same in
his/her/their authorized capacity(ies), and that by his/hedtheir signature(sj on the instrument the
person(s), or the sntity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cali#omia that the foregoing
paragra is true and co�ect.
......;........_...................................................�
�..... , CH?!�TQ"NE4 1Cu►' E1�IDITI
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WITNE my and and official seal. v� � - " � �t � �Y
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Signature �$e���
Si n re of Officer
CITY OF PALM DESERT
STANDARD FORM
PAYMENT BOND
(LABOR � MATERIALS)
NAME OF PROJECT: _ Vi neyards_Frank G�na�rn Tm��s,Q,men.ts
NAME OF DEVELOPER: S_inatra and Cook Proiect LLC
NAME OF SURETY: SureTec Insurance Combanv
EFFECTIVE DATE: _ 03/14/2011
AMOUNT OF BOND: _$39,558.00
BOND NUMBER: 4382657
PREMIUM: Premium Tncl Ldpd i n PPr fnrmanr�o u�„a
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, or otherwise, named on �ine 2 of Page 1 hereof without
regard to gender and number, hereinafter referred to as PRINCIPAL; and the
corporation namAd 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 he�eof, hereinafter referred to as SURETY; are jointly
and severely held and firmly bound unto and atf materialmen, persons,
companies or co�porations furnishing materials, provisions, provender or ofher
supplies used, in, upon, for or about the perFormance of the work contracted to
be executed or pe�Formed under the terms of that certain 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 afl
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 PRINClPAL and SURETY
bind themselves, their heirs, administrators, successors and assigns, jointly and
seve�ally, firmly by these presents.
THE CONDITfON OF THE OBLtGATION 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 constnaction 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 PRINClPAL, contractor,
person, company or corporation, or his or its subcontractor, or subcontractors,
faiis to pay for any materiais, 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 tnsurance Act wrth 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 reasonabie attarney's fee
which shatl be awarded by the court to the prevaiting party in said suit, said
attomey's fee to be taxed as costs in said su'rt and to be inctuded in the judgment
therein rendered.
This bond is executed and filed to comply with the provisions of all
applicable CITY ordinances, �esolutions, rutes and regulations supplemental
thereto; and all amendments there#o; and shall inure to the benefit of any and alf
materiaimen, persons, companies or corporations entitled to �ile claims under
and by vi�tue of the provisions thereof.
IN WtTNESS WHEREOF, PRINCIPa' ��'+JRETY have executed this
'f,
instrument the date mentioned ora.t,i� � ' � �,:�.�� �f.
��
•'.
PRINCIP 'S S ATURE •'�'.PR CIPAL'S SIGNATURE
�-a.K�. t �Cw w+do�l
PRINT NAME PRINT NAME
ha� 5,���. d t�.k P�e,r�'
TITLE�C MPANY NAME TITLE& COMPANY NAME
SureTec Insurance Company
SURETY'S SIGNATURE
David Nodd Attorney-in-fact
;
SURE GNATURE
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
APPROVED AS TO FORM:
DAVID J. ERWIN, ClTY ATTORNEY
ACKNOWLEDGMENT
State of California
County of Los Anqeles )
On n�_�a_2 n� , before me, Christonher John Rizzot�i. Notary
(insert name and title of the officer)
personally appeared Q�vi�Noddle
.
who proved ta 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/hedtheir signatu�e(s)o�the instrumerrt the
person(s), o�the entity upon behalf of which the person(s)acted,executed the instrument.
I cerdfy under PENAi.TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is frue and coRect.
,. .. _ .. .. .. .
WITNESS n�y nd and official seaf.
�
..,
Signature � (Seai)
Si natur f
POA#: S 10010
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Kaow AU Men by Thest Presents, That SURETEC iNSURANCE COMPANY (fhe "Company"� a corporation duly or�anized and
existing under the laws of the State of"Cexas.and having its p�incipal o�ce in Houston, Harris Counry,Texas,does by these presents
makc,cot�strtutt and appo�nt
David Noddle
its true and iawfiil Attomey-in-fact,with full power and authority heroby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances,uadertakings or other instruments or contraets of sureryship to include woivers to the
conditions of conaacts and consents of surety,providing the bond penalry does not exceed
Five Million Dollars and no/100(S5,000,000.00)
and to bind the Company thercby as fully and to the same extent as if such bond were signod by the President,sealed wiih the corporate
seal of the Compaay and duly attested by its Secrotary,lureby ratifyiag and conlirming all that the said Attorney(s}in-Fact may do in die
premises. Said appointn�ent shall continue in force untit 10/31/12 and is made nnder and by authority of the following
resolutiona of the Board of Directors of the SureTec Insucance Company:
Be il Reaolved,that the f'res�dent,any Vice-Prcs�dent,any Assistant V�o-Pres�deat,any Secretary or sny Assistant 5ecrctary shalt be and ix
hercby vested with full power and sutbority to appoint�y o�x or mon suimbk perwns ss Attorney(s}in-Fact to repnsent and ac1 for and on
behalf of the Comp�ny subject to the following provisions:
.ltrornev-rn-Fact may be givrn full power and autJarity fm�end in d�e name of and of belwif of the Compa�ry,w execute,ecknowledge and
deirver,any and ali bonda,recognizances.oontcacts,ag�eecnmts a indemairy and othu conditia�sl ar obGgatocy uo�lcings and aay and all
notices a� documcnts ca�eling ar terminat►ng the Corty�any's liability thereunder, and any s�h inttcuments so txecuted by atty such
Attomey-in-Fact atmil be bind�ng upcui the Comparry as if signed by the Presdent and seakd and effected by the Corpo�ate Socrctary.
Be i�Resoh�ed.d�at the signaWre of any authorized of�ice�and�xal of'the Company heratofore or haeafter at�ced to any power of atwrney or
any ceRificate relating th�neto by facsimile,and any power of attorney or catificste beuring facsimile signahue or fircsimile 5ea1 shall be valid
and b�nding upon the Compnny with rcspect to eny bond or undertaking to which it ic xttached. /Adopted at a meMing htld on 20''�ojApril.
1999.)
In Witnesr li`hrreoj,SURETEC TNSURANCE COMPANY has caused d�ese p�senta ta�signed by its President,and its corporate scal
to be herato affixed this 28th day of October. A.D.2008.
SURETEC IN5 CE COMPANY
r a�, . �
;. � By:
��.w � B.J.KI �eut
5tate of Texas ss: �` ��,��, "
Caeiry of Harris ,
,,,�,,.«
On this 28h day oC October,20Qli beforc me personapy aune B.].King,ro�know0.wiw,being by me duty swom,did depose aad say,d�at hc raida
in Houstoa,Texas,that he is Presideat of SURETEC INSURANCE COMPANY,the ca�eny described in and which execuud the above iastrumeat;
that he hnows the sal of sad Company;that die seal aR'ixod to said insWm�x is guch cocporau�al:tha��t was so afYixod by otder of the Board M'
Uirectors of sa�d Compxny;and that he sig�ed his�me thercto by likc ader.
�Il��r�h�
�Mpr�tO.l�f �
Mkhdle Denay,Notary P ik
My commission cxpires August 27�2012
t.M.Brcnt Bcaty.Assistant Socraary of SURE'CkC INSURANCB COMPANY,do 6ereby cat►ljr that the a6ove and foregoing is a m�e aad c�nect copy
of a Power of Attorney,euecutod by ssid Compeny,which is stitl in full face and ef'fccc.and ftudrcmwre,the resolutions of the Board of Directors,set
out m thr Power of Anomey ere in tWl fonce and effect
G�ren under my hand and the seal of said Company at Houston,Texas this 1 d t h day af M3re ,20 1 7 ,A.D.
M.Breat aty.Aaa nt Sccretary
Any InstrumsiN issuad In�xcess af tM pm�lty stab0 abow 1s totally vold and wltl�ak any valldity.
For w�Illeati�of th�aulho�ity d tlrk porror you may eal!(713�M2-0000 aq/buslness day b�tws�n 8;Q0 am and 5:D0 pm CBT.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
��s���.:N..,.�...�^.�..���,�����.�.�-���,�,n.�.�.�,��.�. .�,�.���
State of California
Counry of �l��j�_
O�L'�` (`�1�� ��� before me, ��� � -.����'�.`-�►�lL�1C —--_ .
personally appeared �� � � _ ___ _
Nertq s)o131pner e►
_. ___�_—_._.r __�
who proved to me on the basis of satisfactory evidence to
be the pe�son(s)whose name(s) islare subscribed to the
within instrument and acknowledged to me that
helsheRhey executed the same in his/her/their authorized
capacity(ies), and that by his/herRheir signature(s)on the
� K1Rf CORINAC CASsI�v instrument the person(s), or the entity upon behalf of
������g which the person(s)acted, executed the instnxnent.
� Not�ry►P�oxc-caltorni�
Riwnia�CaMry I certify under PENALTY OF PERJURY under the laws
Co�•E� i�M+ 22 201� of the State of California t]�fgr oing paragraph is
true and corr
WITN S my ha ial s .
_—_—_....
�����e Signatu � __ _
yiehxe nl t�ofary Pu
OPTIONAL
Though the Intam►etion be/ow is►rot requlred by lew,it may prov�s va/uaWe to persons relyNu�on ti►e da:ument
and could prevent fraudulent remova/and reattachment o/this/omr to another doct�ment.
Description of Attached Document
�
Title or Type of Docume :„�„�G�` �cC��CC`c't�SYsa_ __.._.`__ . .
Document Date: _ _ ,_—_._ _ _Number of Pages: ___
Signer(s)Othe�Than Named Above: __ _ _. _. ._._. _ __
Capacity(ies)Claimed by Signer(s)
Signer'sName:��..b,,,. _--���_ Signe�'sName:�-- ____- ------_ _
��l individual ' : individual
._:I Corporate Officer—Title(s): [=1 Corporate Officer—Title(s):___ _.__.__._ ____.___.
C) Partner—1 �Umited i: General [:l Partner—i 1 Limited i:-�;General
Attorney In Fact C�Attorney in Fact
�i Trustee Top of thumb here ;')'fUSt@6 Top ol thurr�b here
Guardan or Conservator ❑(3uardian or Conservator
Other: [_�Other:
.___._.__..�._____.
Signer Is Representing: 5igner Is Represe�ting�
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CALIFORNlA AL4PURPOSE ACKNOWLEDGMENT
cr,cr,c>�,�r�.rescr.ce^,�.r,c�t�.i�r.e.���ncr.�r.cr.r�.c�'�.c�c^�.�t'=��,�.,�C',�r,�c-�r.�~fi,�`.er.cr�c�r.�.r_.�e.�racr.���c:,�C
State of Califomia
County of �\UQ.�S 1�� __�
On�`���C�! before me, ��zS.c'�cx . ����.1 St.�t� ,
Dae —�� n me end e ar —
personally appeared �j�� �,Y" .__ —_—
�s►a 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 acknowiedged to me that
he/she/they executed the same in his/her/their authorized
�. capaaty(ies), and that by his/hedtheir signature(s) on the
KYIE CORMAC CASSIOY instrument the person(s), or the entity upon behalf of
Comnraa�on�1850419 Which the person(s)acted, executed the inst�ument.
� �• NaHy�a�c-c�non�.
Ahrorside Cornty
Comm.E iros M 22,2pt9 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m .
Signature
Plece Notery Seal AbOve Sqnehae t�btery Pudk
4PTlONAL
rnougn me lnrormadon below is nor requtred by law,ir may proMe ve�uawe ro pe.sons naly;ng on me aocumer►t
and eaould previent freudufent rgmova/and reattach�ent ol this/orm to another document
Descriptton of Attached Document
TiUe or Type of Document:�=�-i���i�l�'_'_�L�;�� `� .� �_
Document Date:.�1 L�,__ _ __----- _ Number of Pages: _ - -
Signer(s)OtherThan Named Above: _ __ _. _ _ _ _
capaci�y�ies�c�aimea by s�g�er�s�
Signer's Name: ��i��'��1�.._ _ _.. Signer's Name: _ ___
�) Individual In�vidual
C� Corporate Officer—TiUe(s): Corporate Of�cer—Tine(s): __.
Partner—L ' Limited i 1 General Partner—! 1 Limited .General
_� Attomey in Fact Altorney m Fact
`�i TfUS1@e ToR a�humb here Trustee rop a�rwmb ne�e
�"! Guardian or Conservator Guardian or Conservator
i. Other: Other:___.__.___..�.__.____
Signer!s Represeming: Signer!s Representing:�
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Company Profile Page 1 of 2
Company Pro�le
SURETEC INSURANCE COMPANY
952 ECHO LANE, SUITE 450
HOUSTON, .TX 77024
Agent for Service of Pracess
JERE KEPRIOS,C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET,2ND FLOOR
LOS ANGELES,CA 90017 JERE KEPRIOS,C/O CT CORPORATION SYSTEM 818 WEST
SEVENTH ST LOS ANGELES,CA 90017
iJnable to Locate the A�ent fior Seiwice of Process?
Reference�nformation
NAIC#: 10916
NAIC Group#: 0000
California Company ID#: 4914-8
Date authorized in California: October 24,2005
License Status: LTNLIMITED-NORMAL
Company Type: Property&Casua�ty
State of Domicile: TEXAS
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 lossar -.
SURETY
Company Complaint Information
Comnanv Ei�forcement Ac�ion Dacuments
Companv Peri�ornia�ice&Comparison Data
Coinposite Complaint Studies
Want More?
httn://interactive.web.insurance.ca.gov/webuser/idb co nrof utl.¢et co nrof?n EID=105... 3/1 7120 1 1
IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:, t1ar�1n ��7 ,201� .
NAME OF DEVELOPER: S;,,,��_a ��
(referred to as"DEVELOPER'�.
NAME OF DEVELOPMENT: 3�� V.,�����
(referred to as"DEVELOPMENT").
DEVELOPMENT RESOLUTION
OF APPROVAL NO.: Resolution �(D -- j ��
(referred to as"Resolution of Approval")
IMPROVEMENT PLANS NO.: � — �Jr-]
(referred to as"Irrtprovement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS:$ 59'� ac� a
SURETY: SUr��1 eC I hSu Y�nC'o Ca�n�,�c 1
LETTER OF CREDITBOND NOS.:
This Agreement is made and entered into by and between the City of Palm Desert,a
municipal corporation of the State of California,hereinafter refened to as"CITY",and the
DEVELOPER.
99999 09999�5760340.1
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 Director of Community Development and
incorporated into this Agreement by reference.
C. In consideration of the approval of a Conditional Use PermitlPrecise
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, installation, and
completion of the improvements have been pregared by DEVELOPER and approved by the City
Engineer. The Impmvement 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 shalt include reference to any
specifications far the improvements as approved by the City Engineer.
E. An estimate of the cost for construction of the public improvements and performing
land developmerit 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
99999 0999915760340.1
Page l of this Agreement.The basis for the estimate is on file in the 4ffice of the City Engineer and is
incorporated into this agreement by reference.
F. CITY has adopted standards for the construction and installation of improvements
within the CITY. The Improvement Plans have been prepazed in conformance with CITY
standards in effect on the date of the Resolution of Approval.
NOW,THEREFORE,in consideration of the approval of the DEVELOPMENT,
DEVELOPER and CITY agree as follows:
(1)DEVELOPER's Obligation to Construct Impravements.
DEVELOPER sha1L•
(a) Comply with all the requirements of the Resolution af Approval, and any
amendments thereta
(b) Complete at DEVELOPER's own expense, all the public improvement
work required by the Resolution of Approval in conformance with approved
Improvement Plans within one year from date of execution of this Agreement.
(c) Fumish 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
DEVELOPER's abligations 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 DEVELOPER and CITY.
�o��sy�ao i 3
DEVELOPER sha11 also be responsihle 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 deadiine
stated in Section (1)(b) above, unless a time extension is granted by the CITY as
authorized in Section(21). �
(2) Acquisition and Dedication of F�asements or Ri ts-of-Way. If any of the public
improvernent 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
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,
ar
(b) The dedication to, and acceptance by, CITY of appropriate rights-of way,
easements or other interests in real property,as determined hy the City Engineer,or
(c) The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of passession. DEVELOPER shall comply in all
respects with the order of possession.
Nothing in this Section(2)shall be construed as authorizing ar granting an
extension of time to DEVELOPER.
�.o�n�s�6o�ao.i 4
(3) ecuri . DEVELOPER shall at all times guarantee DEVELOPER's performance by
ftirnishing 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 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
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 estimatal cost of the improvements,
which are mutually agreed upon by CITY and DEVELOPER, shall not relieve the
improvement security given for faithful performance of this Agreement. In the
�o�ms��o3aa� S
event such changes, alterations, or additions exceed 10% of the original estimated
cost of the improvement, DEVELOPER shall provide improvement security for
faithfiil 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 ihis 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, CTTY 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 impmvements hy 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 cflmpletion of the public improvements to the City
Council.No improvements shall be finally accepted unless a11 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 DEVELOPER's readiness for such inspection and DEVELOPER
�ax��s�6o3ao.t G
shall not proceed with additional work until the inspection has been made and the work approved.
DEVELOPER shall beaz all costs of inspection and certification. No impmvements shall be deeme+d
completed until accepted pursuant to Section(16)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 tlie 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 af the improvement work and that the security sha11
not be reduced to an amount less than fifty percent (SO�o)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
obligarion 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
�o��s�bo3aa.i 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 all clauns 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, atl
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
beaz ihe 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 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. DEVELOPER shall, at DEVELOPER's expense, obtain all
necessary permits and licenses for the construction and instailation of the improvements, give
all necessary notices and pay all fees and taxes required by law.
(9) Default of DEVELOPER.
(a) Default of DEVELOPER shall include,but not be limited to,
(1) DEVELOPER's failure to timely commence construcdon of this
Agreement;
(2) DEVELOPER's failure to timely complete construction of the
impmvements;
99999 0999915760340.1 g
(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
('n DEVELOPER'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 DEVELOPER's obligations under this Agreement. CITY shall have the
right, subject to this Seciion, to draw upon or ufilize the appropriate security to
mitigate CITY's damages in event of default by DEVEL4PER. The right of CITY
to draw upon or utilize the sectuity is additional to and not in tieu of any other
remedy available to CITY. It is specifically recognized that the estimated costs and
security amounts may not reflect the actual cost of construction ar installation of
the irnprovements 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 irnprovement security may be used by CITY for the completion of
the public improvements in accordance with the improvement plans and
specifications contained herein.
�.o�xrn5�bo3ao,i 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 contract or by any other
method CITY may deem advisable, for the accaunt and at the expense af
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 ta DEVELOPER as may
be on the site of the work and necessary for performance of the work.
(d) Failure of DEVELOPER to comply with the terms of this Agreement shall
constitute consent to the filing by CITY of notice of violation against all proposed
improvements in the DEVELOPMENT, or to rescind the approval or atherwise
revert the DEVEL4PMENT to acreage. The remedy provided by this subsection(c)
is in addition to and not in lieu of ather remedies available to CIT'Y. DEVELOPER
agrees that the choice of remedy or remedies far DEVELOPER's breach shall be in
the discretion of CITY.
(e) In the event that DEVELOPER fails to perform any obligation hereunder,
DEVELOPER agrees to pay all costs and expenses incurred by CITY in securing
performance of such obligations, including but not limited to fees and charges of
architects,engineers,attorneys,other professionals,and court costs.
�.o�+s�6o�ao� lU
(� The failure of CIT'Y 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 af DEVELOPER.
(10) DEVELO�'ER Not Agent of CITY. Neither DEVELOPER nor any of
DEVELOPER's agents, contractors or subcontractors are or shall be considered to be agents of
CITY in connection with the performance of DEVELOPER'S obligations under this
Agreement.
(11) Jur�to Work. 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 CITY, DEVELOPER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not, nor shall any ot�icer
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 thc
completion and acceptance of the work or improvements. All such risks shall be the responsibility
of and are hereby assumed by DEVELOPER.
(12) Warrar►tv. DEVELOPER sha11 guarantee or warranty the work done pursuant to
this Agreement for a period of one year after final formal acceptance of the improvements 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 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 structure.
�o��s�bo3ao.i l l
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 af 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,make the necessary repairs or replacement or perform the necessary work
and DEVELOPER shall pay to CITY the cost of such repairs.
(13) Environmental Warrantv. Priar to the acceptance of any dedications or
improvements by CITY, DEVELOPER shall certify and wazrant that neither the property to be
dedicated nor DEVELOPER is in violation of any environmental law and neither the property
to be dedicated nor the DEVELOPER is subject to any existing, pending or threatened
investigation by any federal, state or local governmental authority under or in connection with
environmental law.Neither DEVELOPER nor any third party will use,generate,manufacture,
produce, or release, on, under, or about the property ta be dedicated, any hazardous substance
except in compliance with all applicable environmental Iaws. DEVELOPER has not caused or
permitted the release of, and has no knowledge of the release or presence of, any hazardous
substance on the pmperty to be dedicated or the migration of any hazardous substance from or
to any other property adjacent to, or in the vicinity of, the property to be dedicated.
DEVELOPER's prior and present use of the property 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
99999 0999915760340.I 12
be dedicated or the migratian thereof from or to any other property adjacent to, or in
the vicinity of,the property to be dedicated;
(b) Any claims made or threatened by any third party against CITY or the
property to be dedicated relating to any loss or injury resulting from any hazardous
substance;and,
(c) DEVELOPER's 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 envirorunental law.
(14) Qther Agreements. 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 developers 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
apportionmen�
(15) DEVELOPER'S Obti�ation to Warn Public During Construction Until forn�a! final
acceptance of the improvements, DEVELOPER shall give good and adequate waming to the
public of each and every dangerous condition eacistent in said improvements,and will take all
reasonable actions to protect the public frora such dangerous condition.
(16) Vesting of Ov►mership. Upon formal final acceptance af the work by CITY and
recordation of the Resolution of Acceptance of Public Improvements, ownership of the
improvements conshucted pursuant to this Agreement shall vest in CITY.
�.o��s��o3ao.i 13
(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 impmvements. 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) Indemniri/Hold Hazmless. 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
DEVEL�PER, its agents, or emplayees, contractors and subcontractors in the performance of
this Agreement. DEVELOPER further agrees to protect, defend, indemnify and hold harmless
CIT�,its officiats,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 DEVELOPER, its agents, emplayees, 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 af, 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 properry resulting from
the design or construction of said DEVELOPMENT,and the public impmvements 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 pubiic
improvements. Acceptance by CtTY 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
�o�s�so3ao.� 14
responsible for the design or construction of the property to be dedicated or the improvements
pursuant to the approved impmvement 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 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(10)years following the acceptance by CITY
of the improvements.It is the intent of this Section that DEVELOPER 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 ar construction.The
improvement security shall not be required to cover the provisions of this Section.
DEVELOPER shall reimburse CITY for all costs and expenses(including but not limited
to fees and charges of azchitects,engineers,attorneys,and other professionals,and court costs)
incurred by CITY in enforcing the provisions of this Section.
(19) Personal Nature of DEVELOPER'S Obli ations All of DEVELOPER's
obligations under this agreement are and shall remain the personal obligations of
DEVELOPER notwithstanding a transfer of all or any part of the property w�thin the
DEVELOPMENT subject to this Agreement, and DEVELOPER shall not be entitled to assign
�o����o�ao.i 1 S
its obligations under ttus Agreement to any transferee af 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 substitudon of securities,the DEVELOPER may request a release or reduction of
the securities required by this Agreement. Nothing in the novation shall relieve the
DEVELOPER of the obligations under Section (17) for 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 (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 improvernents hereunder may be extended for a period or periods nat exceeding a total of
two (2)additional years. The extension shall be executed in writing by the City Engineer. Ariy
such extension may be granted without notice to DEVELOPER's surety and shall not affect
the validity of this Agreement or release the surety or sureries 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. Deiay, 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
DEVELOPER could not have reasonably foreseen and, furthermore, were not caused by or
contribut� to by DEVELOPER, shall constitute good cause for and extension af the time for
completion. As a condition of such extension, the City Engineer may require DEVELOPER to
v�o�xns�bo3ao� 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 Vestin�of Ri h�ts. Performance by DEVELOPER of this Agreement shall not be
construed to vest DEVELOPER's rights with respect to any change in any zoning or building
law or 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 Warks D'erector
Notice to DEVELOPER: 5;,�,�k �
S�l.'�f �' ��a SNd,sK t • r'. �G
P6f 41?ti c �i., S�' 1 e� L�} 4 O.Z��
Natice to SURETY: �v�_d �,,r.d,L,
r+tso? ver*#y.r•+• q�..�
'Tsr:w.�.� �.�---91���
(25) Compliance With Laws. 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.
�s o�s�6o3ao� 17
(26) Severabilitv. The provisions of this Agreement aze severable. If any portion of this
Agreement is held invalid by a court of competent jurisdiction,the remainder of the agreement
shall remain in fiill force and effect unless amended or modified hy 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 pmvisions 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.
(30) Entire Apreement. 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�arties.
(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 af California.
�.o��s�6o�o.� 18
IN WITNESS WHEREOF,this Agrcement is executed by the parties as of the date
hereinabove first written; by CITY,by and through its Mayor.
CITY OF PALM DESERT
DEVELOPERS
�,,•�w�b:Z �►'w'dw�
r�'�.���t By.
DEVELOPER MAYOR
ATTEST
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
�.o�s�6o3aa i 19
KYLE C�iMAC CASSiov
STATE OF CALIFORNIA ) comm�awa a te5wt9
� Not�ry PuWk-cdNornla
COUNTY OF RNERSIDE ) �M���� �1g
On 1�'�����\1 ,2010 before me, �,,,_(`.�.r�•�a��`���Notary
Public,personally appeared �r�,�„ 1Lt��r�`r ,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 instnunent the person(s),or
the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and o icaars .
f
;
.___��_. ______
Signa :� � (seal)
�.o�s�bo3ao i
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Notes