HomeMy WebLinkAboutRelease Security T32498 - Harrison Rd Ventures LLC ... .. . .. . . . .. �
CITY OF PALM DESERT `;.T `�'"
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PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR TRACT 32498 AND ACCEPT A
ONE-YEAR MAINTENANCE BOND
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANTS: Harrison Road Ventures, LLC
77682 Country Club Drive, Suite A3
Palm Desert, CA 92260
SureTec Insurance Co.
c/o Pinnacle Surety & Insurance Services .
151 Kalmus Drive, Suite A201
Costa Mesa, CA 92626
BOND NUMBERS: 4385558 Faithful Performance & Labor & Materials
4385558M Maintenance Bond
DATE: November 14, 2013
CONTENTS: Faithful Performance & Labor & Materials Agreement and Bonds
Maintenance Bond
Vicinity Map
Recommendation
By Minute Motion, release security for tract 32498 and accept a one-year
maintenance bond.
Backqround
The subject property is located at Shepherd Lane and University Pointe Court. At the
time of grading permit issuance, Harrison Road Ventures submitted bonds in the total
amount of $517,758 for faithful perFormance and labor and materials.
All improvements for tract 32498 have been completed and a maintenance bond in the
amount of 10 percent of the faithful performance amount has been submitted to Public
Works. Staff recommends that City Council authorize the release of the faithful
performance and labor and materials bonds and accepts the maintenance bond for one
year's time.
Staff Report
Release Security for Tract 32498 and Accept a One Year Maintenance Bond
November 14, 2013
Page 2 of 2
Fiscal Analysis
There is no fiscal impact associated with this action.
Prepared By: Depart e t ead:
C I�►s�i�� c��
Christina Canales, Assistant Engineer Mark G nwood, P.E.,
Director of Public Works
Paul S. Gibson, Director of Finance
rov L
hn M. Wohlmuth, City Manager
CITY COUNCIL AC3'tON
APPROVED �� nENIF,D
RECEIVED OTHF.R
MEI:TING DATE !I-l�{- a or3
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Ori�inal on File with City Ctc r•I<"s O licc
SUBDIVlSlON IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: Auqust 2, 2012.
NAME OF SUBDIVIDER: HARRISON ROAD VENTURES LLC
(referred to as "SUBDIVIDER").
NAME OF SUBDIVISION: UNIVERSITY POlNTE No. of Lots: 16
(referred to as "SUBDIVISION").
TENTATlVE MAP RESOLUTIO�! OF APPROVAL N4.: 2323(TM No: 32498)
(referred to as "Resolution of Approva!")
IMPROVEMENT PLANS APPROVED ON:
(referred to as "lmprovement Plans").
ESTIMATED TOTAL COST OF IMPR(3VEMENTS�.
ESTIMATED TOTAL COST OF MONUMENTATION: �
SURETY: � /
BOND NUS: -I �SSS'�
SURETY: re.i ec. �ts�r �
-OR-
IRREVOCABLE STAND-BY LETTER OF CREDIT NO.
FINANCIAL INSTITUTlON:
-OR-
CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:
FlNANCIAL INSTITUTION:
This Agreement is made and entered into by and befinreen the City of Palm Desert, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and the
SUBDIVIDER.
RECITALS
Rn�rt��tio�r��s��
A. A predecessorownerofthe subject propertyto SUBDIVIDER("Predecessor')
had presented to CITY for approval and recordation, a final subdivision map of a proposed
SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of Califomia
and the CITY's ordinances and regulations relating to the filing,appraval and recordation of
subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations
relating to the filing, approval and recordation of subdivision maps are collectively referred
to in this Agreement as the "Subdivision Laws".
B. A tentative map of the SUBDIVISION has been approved, subject to the
Subdivision Laws and to the requirements and conditions contained in the Resolution of
Approval. The Resolution of Approval is on file in the Office of the City Clerk and is
incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a
final map that SUBDIVIDER must have complied with the Resolution of Approval and must
have either(a)completed, in compliance with CITY standards,all of the improvements and
land development work required by the Subdivision Laws or the Resolution of Approva!or
(b) have entered into a secured agreement with C1TY to complete the improvements and
land development within a period of time specified by CITY.
D. In consideration of the approval of the final map for the SUBDIVISION by the
City Council, Predecessor entered into a subdivision improvement agreement for this
SUBDIVlSlON with the City dated December 15, 2005 and amended December 2, 2008
(the "Previous Agreement"), whereby Predecessor promised to install and complete, at
Predecessor's own expense, all the public improvement work required by CITY in
connection with the SUBDIVISION.
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E. SUBDIVlDER desires to replace the Previous Agreement and enter into this
Agreement, whereby SUBDIVIDER pramises to instal) and complete, at SUBDIVIDER's
own expense, all the public impravement work required by CITY in connection with the
proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement
security required by the Subdivision Laws and approved by the City Attomey.
F. Complete Improvement Plans for the construction, installation, and
completion of the improvements have been prepared by SUBDIVIDER and approved by
the City Engineer. The Improvement Plans numbered as referenced previously in this
Agreement are on file in the Office of the City Engineer and are incorporated into this
Agreement by this reference. All references in this Agreement to the Improvement Plans
shall include reference to any specifications for the improvements as approved by the City
Engineer.
G. An estimate af the cost for construction of the public improvements and
performing land development work in connection with the improvements according to the
Improvement Plans has been made and has been approved by the City Engineer. The
estimated amount is stated on Page 1 af this Agreement. The basis for the estimate is
attached as Exhibit "A"to this Agreement.
H. CITY has adopted s#andards for the constnaction and installation of
improvements within the CITY. The Improvernent Plans have been prepared in
canformance with CITY standards in effect on the date of this Agreement.
I. All public improvement monuments, street signs, and stakes as specified on
the �nal map are to be completed prior to final formal acceptance by the City Council.
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Individual property manuments must be installed within one year frorn the formal final
Council acceptance of said SUBDIVISION.
J. SUBDIVIDER recognizes that by approvai of the fina!map for SUBDIVISION,
CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell,lease,
or finance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of
the cost of installation of the impravements by SUBDlVIDER's failure to perform its
obligations to commence construc#ion of the improvements by the time established in this
Agreement. CITY shall be entitled to all remedies available to it pursuant to this
Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized
that the determination of whether a reversion to acreage or rescission af the SUBDIVISION
constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole
discretion of CITY.
NOW, THEREFORE, in consideration of the prior approval and recordation by the
City Council of the final map of the SUBDIVISION and the replacement of this Agreement
for the Previous Agreement, SUBDIVIDER and CITY agree as follows:
(1) SUBDIVIDER's Obliaation to Construct Imr�rovements:
SUBDIVIDER shalL•
(a) Gomply with all the requirements of the Resolution of Approval, and
any amendments thereto, and with the provisions of the Subdivision Laws.
(b) Complete at SUBDIVIDER's own expense, all the public improvement
work required by the Resolution of Approval which have not already been completed in
conformance with appraved Improvement Plans within one year from date of execution of
this Agreement; provided hawever, that the improvements shall not be deemed to be
completed until accepted by City Council as provided in Section (17) herein.
RMPUB�DJE11597 _9_
(c) Furnish the necessary materials for completion of the public
improvements in conformity with the Improvement Plans.
(d) Acquire,or pay the cost of acquisition by CITY, and dedicate all rights-
of-way, easements and other interests in real property for construction and installation of
the public improvements, free and clear of all liens and encumbrances which have not
already been dedicated. The SUBDIVIDER's obligations with regard to acquisition by CITY
of off-site rights-of-way, easements and other interests in real property shall be subject to a
separate agreement befinreen SUBDIVIDER and CITY. SUBDIVIDER shall also be
responsible for obtaining any public or private sanitary sewer, domestic water, drainage,
and/or utility easements ar authorization to accommodate the SUBDIVISION to the extent
not al�eady obtained.
(e) Commence construction of the improvements by the time established
in Section(22)of this Agreemen#and complete the improvements by the deadline stated in
Section (1)(b) above, unless a time extension is granted by the CITY as authorized in
Section (22).
(f) Install all SUBDIVISION public improvement monuments required by
law and prior to forma) final acceptance of the public improvements by CITY. Individual
property monuments shall be installed within one year of said acceptance.
(g) Install street name signs conforming to CITY standards. Permanent
street name signs shall be installed before acceptance of the improvements by CITY.
(2) Acauisition and Dedication of Easements or Riqhts-of-Way. If any of the
public improvement and land use development work contemplated by this Agreement is to
be canstructed or installed on land not owned by CITY or SUBDIVIDER, no construction or
instaAation shall be commenced before:
RMPUB�D1611597 -rJ.,.
{a) The offer af dedication to CITY of appropriate rights-of-way,
easements or other interests in real properly, and appropriate authorization from the
property owner to allow construction or installation of the improvements or work, or
(b) The dedication to, and acceptance by, CITY of appropriate rights-of-
way, easements or other interests in real property, as determined by the City Engineer,or
(c) The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession.SUBDIVIDER shaA 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 SUBDIVlDER.
(3) Security. SUBDIVlDER shall at all times guarantee SUBDIVIDER's
perFormance by furnishing to CITY, and maintaining, good and sufficient security as
required by the Subdivision Laws on forms approved by CITY for the pu�-poses and in the
amounts as follows:
(a) to assure faithful performance of this Agreement in regard to said
improvements in an amount af 100% of the estimated cost of the improvements; and
(b) to secure payment to any contractor, subcontractor, persons renting
equipment, or fumishing labor and materials for the improvements required to be
construc#ed and installed pursuant to this Agreement in the additional amount of 50% af
the estimated cost of the improvernents; and
(c) to guarantee or warranty the work done pursuant to this Agreement for
a period of one year following acceptance thereof by CITY against any defective work or
labor done or defective materials furnished in the additional amount of 10% of the
estimated cost of the improvemen#s; and
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(d) SUBDIVIDER shall also fumish to CITY good and sufficient security in
the amount of one hundred percent(100%)of the estimated cost of setting SUBDIVISION
monuments as stated previously in this Agreement in Section(1)(fl for a period of one year
plus thirty(30)days from formal acceptance by the City Council.
The securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on page 1 of this Agreement are
incorporated into this Agreement by this reference. If any security is replaced by another
RMPUB�DJ611597 ,_^�.,
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 foRner security may be released.
(4) Alterations to Improvement Plans.
(a) Any changes, alterations or additions to the lmprovement Plans not
exceeding ten percent(10%)of the original estimated cost of the improvements,which are
mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement
security given for faithfu! performance of this Agreement. In the event such changes,
alterations, or additions exceed 10% of the original estimated cost of the improvement,
SUBDIVIDER shall provide improvement security for faithful performance as required by
Section(3)of this Agreement for one hundred percent(100%)of the tota!estimated cost of
the improvements as changed, altered,or amended, minus any completed partial releases
allowed by Section (6) of this Agreement.
(b) The SUBDIVIDER shall construct the improvements in accordance
with ClTY standards in effect at the time of adoption of the Resolution af Approval. CITY
reserves the right to modify the standards applicable to the SUBDIVISION and this
Agreement, when necessary to protect the public safety or welfare or comply with
applicable state or federal law ar CITY zoning ordinances. If SUBDlVIDER 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.
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(5) Inspection. SUBDIVIDER shall at ail times maintain properfacilities and safe
access for inspection of the public improvements by CITY inspectors and to the shops
wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may
request a final inspection by the City Engineer, or the City Engineer's authorized
representative. !f the City Engineer,or the designated representative,determines that the
work has been completed in accordance with this Agreement,then the City Engineer shall
certify the completion of the public improvements to the City Council. No improvements
shall be finally accepted by the City Council unless all aspects of the work have been
inspected and completed in accordance with the Improvement Plans. When applicable law
requires an inspection to be made by City at a particular stage of the work of constructing
and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's
readiness for such inspection and SUBDIVIDER shall not proceed with additional work until
the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of
inspection and certificatian. No improvements shall be deemed completed until accepted
by#he City Council pursuant to Section (17) herein.
(6) Release of Securities. The securities required by this Agreement shall be
released as following:
(a) Security given for faithful performance of any act, obligation,work or
agreement shall be released upon the final completion and acceptance of the act or work,
subject to the provisions of subsection (b) hereof.
(b) The City Engineer may release a portion of the security given for
faithful performance of improvement work as the improvement progresses upon application
thereof by the SUBDIVlDER; provided, however, that no such release shall be for an
amount less than twenty-five percent (25%) of the total improvement security given for
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faithful performance of the improvement work and that the security shall not be reduced to
an amount less than fifty percent(50%)of the total improvement security given for faithful
performance until final completion and acceptance of the improvement work. In no event
shall the City Engineer authorize a release of the improvement securitywhich would reduce
such security to an amount below that required to guarantee the completion of the
improvement work and any other obligation imposed by this Agreement.
(c) Security given to secure payment to the contractor, his or her
subcontractors and to persons fumishing labor, materials or equipment shall, at six (6)
manths 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 flled and of
which notice has been given to the CITY, plus an amount reasonably determined by the
City Engineer to be required to assure the perFormance of any other obligations secured by
the Security.The balance of the security shall be released upon the settlement of all claims
and obligations for which the security was given.
(d) No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed during the
warranty period have been settled. As provided in Section(10), the warranty period shall
not commence until formal final acceptance of all the work and improvements by the City
Council.
(e) CITY may retain from any security released, an amount sufficient to
cover costs and reasonable expenses and fees, including reasonable attorneys'fees.
(7) Iniury to Public Improvements, Public Propertv or Public Utilities Facilities.
SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all
public improvements, public utilities facilities and surveying or subdivision monuments
RMPIIB\UlE11597 -1�-
which are destroyed or damaged as a resuit of any work under this Agreement.
SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or
public utility property damaged or destroyed by reason of any work done under this
Agreement,whether such property is owned by the United States or any agency thereof,or
the State of California, or any agency or political subdivision thereof, or by CITY or any
public or private utility corporation or by any combination of such owners. Any repair or
replacement shall be to the satisfaction, and subject to the approval,of the City Engineer.
(8) Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction and installation of the improvements,
give all necessary notices and pay all fees and taxes required by law.
(9) Default of SUBDIVIDER.
(a) Default of SUBDIVIDER shall include, but not be limited to,
(1) SUBDIVIDER's failure to timely commence construction of this
Agreement;
(2) SUBDIVIDER's failure to timely complete construction of the
improvements;
(3) SUBDIVIDER's failure to timely cure any defect in the
improvements;
(4)SUBDIVIDER's failure to perform substantial construction work for
a period of twenty(20) calendar days after commencement of the work;
{5)SUBDIVIDER's insolvency, appointment of a receiver,or the filing
of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to
discharge within thirty(30) days;
wHPue���is9� —11—
. �
(6) the commencement of a foreclosure action against the
SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of
foreclosure; or
(7) SUBDIVIDER's failure to perForm any other obligation under this
Agreement.
(b) CITY reserves ta itself all remedies available to it at law or in equity for
breach of SUBDIVIDER's obligations under this Agreement. C1TY shall have the right,
subject ta this Section, to draw upon or utilize the appropriate security to mitigate CITY's
damages in e�ent of default by SUBDIVIDER. The right of CITY to draw upon ar utilize the
security is additional to and not in lieu of any other remedy available to CITY. It is
specifically recognized that the estimated costs and security amounts may not reflect the
actual cost of construction or installation of the improvements and, therefore, CITY's
damages for SUBDIVIDER's default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be used by
CITY for the completion of the public improvements in accordance with the improvement
plans and specifications contained herein.
In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER
authorizes CITY to perForm such obligation twenty(20)days after mailing written notice of
default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of
such performance by CITY.
CITY may take over the worlc and prasecute the same to completion, by contract or
by any other method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER's surety shall be liable to C1TY for any excess cost or
damages occasioned CITY thereby. ln such event, CITY,without liability for so doing,may
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take possession of, and utilize in completing the work, such materials, appliances, plants
and other property belonging to SUBDIVIDER as may be on the site of the work and
necessary for performance of the work.
(c) Failure of SUBDIVIDER to comply with the terms of this Agreement
shall constitute consent to the filing by CITY of notice of violation against all the lots in the
SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to
acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of
other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or
remedies for SUBDIVIDER's breach shall be in the discretion of CITY.
(d) In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in
securing performance of such obligations, including but not limited to fees and charges of
architects, engineers, attomeys, other professionals, and court costs.
(e) The failure of C1TY to take an enforcement action with respect to a
default,or to declare a breach, shall not be construed as a waiver of that default or breach
or any subsequent default or breach of SUBDIVIDER.
(10) Warran . SUBDIVIDER shall guarantee orwarrantythe worfc done pursuant
to this Agreement for a period of one year after �nal formal acceptance of the
SUBDIVISION by the City Council against any defective work or labor done or defective
materials furnished. If within the warranty period any work or improvement or part of any
work ar improvement done, fumished, installed, or constructed by SUBDIVIDER fails to
fulfill any of the requirements of this Agreement or the improvement plans and
specifications referred to herein, SUBDIVIDER shall without delay and without any cost to
CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
RMPUB�DJE11597 -1 3-
parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance
with this requirement, SUBDIVIDER hereby authorizes C1TY, at CITY's option, to perform
the work finrenty (20) days after mailing written notice af default to SUBDIVIDER and to
SUBDIVIDER's surety, and agrees to pay the cost af such work by C1TY. Should CITY
determine that an urgency requires repairs or replacements to be made before
SUBDIVI DER can be notified, CITY may, in its sole discretion, make the necessary repairs
or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the
cost of such repairs.
(11) SUBDIVIDER Not Aaent of CITY. Neither SUBDIVIDER nor any of
SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be
agents of CITY in connection with the performance of SUBDIVIDER'S obligations under
this Agreement.
(12) Iniury to Work. Until such time as the improvements are accepted by CITY,
SUBDIVI DER shall be responsible for and bear the risk of loss to any of the improvements
constructed or installed. Until such time as all improvements required by this Agreement
are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care,
maintenance of, and any damage to such improvements. CITY shall not, nor shall any
officer or employee thereof, be liable or responsible for any accident, loss or damage,
regardless of cause, happening or occurring to the wor{c or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All such
risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
(13) Environmental Warrantv. Prior to the acceptance of any dedications or
improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to
be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the
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property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or
threatened investigation by any federal, state or local govemmental authority under or in
connection with environmental law. Neither SUBDIVIDER nor any third party will use,
generate, manufacture, produce, or release, on, under, or about the property to be
dedicated, any hazardous substance except in compliance with all applicable
environmental laws. SUBDIVIDER has not caused or permitted the release of,and has no
knowledge of the release or presence of, any hazardous substance on the property to be
dedicated or the migration of any hazardous substance from or to any other property
adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and
present use of the property to be dedicated has not resulted in the release of any
hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt
written notice to CITY at the address set forth herein of:
(a) Any proceeding or investigation by any federal, state or local
governmental authority with respect to the presence of any hazardous substance on the
property to be dedicated or the migration thereof from or to any other property adjacent to,
or in the vicinity of, the property to be dedicated;
(b) Any claims made or threatened by any third party against CITY orthe
prope�ty to be dedicated relating to any loss or injury resulting from any hazardous
substance; and,
(c) SUBDIVIDER's discovery of any occurrence or condition on any
property adjoining in the vicinity of the property to be dedicated that could cause the
property to be dedicated or any part thereof to be subject to any restrictions on its
ownership, occupancy, use for the purpose for which is it is intended,transferability or suit
under any environrnental law.
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(14) Other Actreements. Nothing contained in this Agreement shall preclude CITY
from expending monies pursuant to agreements concurrently or previously executed
befinreen the parties, or from entering into agreements with other subdividers for the
apportionment of costs of water and sewer mains, or other improvements, pursuant to the
provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement
commit CITY to any such apportionment.
(15) SUBDIVIDER'S Obliqation to Warn Public Durinq Construction. Until formal
final acceptance of the improvements, SUBDIVIDER shall give good and adequate waming
to the public of each and every dangerous condition existent in said improvements,and will
take all reasonable actions to protect the public from such dangerous condition.
(16) VestinQ of Ownershi�. Upon formal final acceptance of the work by CITY and
recordation of the Resolution of Acceptance of Public Improvements, ownership of the
improvements constructed pursuant to this Agreement shall vest in CITY.
(17) Final Acceqtance of Work. Acceptance of the work on behalf of CITY shall
be made by the City Council upon recommendation of the City Engineer after final
completion and inspection of all improvements. The City Council shall act upon the
Engineer's recommendation within sixty(60)days from the date the City Engineer certifies
that the work has been finally completed, as provided in Section (6). Such acceptance
shall not constitute a waiver of defects by CITY.
(18) Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall not
be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER,its agents,or employees,contractors and subcontractors in the
perFormance of this Agreement. SUBDIVIDER further agrees to protect,defend, indemnify
and hold harmless CITY, its offieials, boards and commissions, and members thereof,
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agents and employees from any and all claims, demands,causes of actian, liability or loss
of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents,
employees, contractors and subcontractors in the perFormance of this Agreement,except
for such claims, demands, causes of action, liability, or loss arising out of the sole active
negligence of the CITY, its officials, boards, commissions, the members thereof, agents,
and employees, including all claims, demands, causes of action, liability, or loss because
of, or arising out of, in whole or in part, the design or construction of the improvements.
This indemnification and agreement to hold harmless shall extend to injuries to persons
and damages or taking of property resulting from the design or construction of said
SUBDIVISION, and the public improvements as provided herein, and in addition, to
adjacent property owners as a consequence of the diversion of waters from the design and
construction of public drainage systems, streets and other public impravements.
Acceptance by CITY of the improvements shall not constitute an assumption by CITY of
any responsibility for any damage or taking covered by this Section. CITY shall not be
responsible for the design or construction of the property to be dedicated or the
improvements pursuant to the approved improvement plans or map, regardless of any
negligent action or inaction taken by CITY in approving the plans or map, unless the
particular improvement design was specifically required by CITY over written objection by
SUBDIVIDER submitted to the City Engineer before approval of the particular improvement
design,which objection indicated that the particular improvement design was dangerous or
defec#ive and suggested an altemative safe and feasible design.
After acceptance of the improvements, the SUBDIVIDER shall remain
obligated ta eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, SUBDIVIDER shall not be responsible for routine
RMPU61D1E1S597 -1�]-
maintenance. Provisions of this Section shall remain in full force and effect far ten (10)
years following the acceptance by CITY of the improvements. It is the intent of this Section
that SUBDIVIDER shall be responsible for all liability for design and construction of the
improvements installed or work done pursuant to this Agreement and that CITY shail not
be liable for any negligence, nonfeasance, misfeasance or maifeasance in approving,
reviewing, checking, or inspecting any work or construction. The improvement security
shall not be required to cover the provisions of this Section.
SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not
limited to fees and charges of architects, engineers, attomeys, and other professionals,
and court costs) incurred by CITY in enforcing the provisions of this Section.
(19) Personal Nature of SUBDIVIDER'S Obliqations. All of SUBDIVIDER's
obligations under this agreement are and shall remain the personal obligatians of
SUBDIVIDER notwithstanding a transfer of all or any part of the property within the
SUBDIVISION subject to this Agreement,and SUBDIVIDER shall not be entitled to assign
its obligations under this Agreement to any transferee of all or any part of the property
within the SUBDIVISION or to any other third party without the express written consent of
CITY.
(20) Sale or Disposition of SUBDIVI510N. Seller or other SUBDIVIDER may
request a novation of this Agreement and a substitution of security. Upon approval of the
novation and substitution of securities, the SUBDIVIDER may request a release or
reduction of the securities required by this Agreement. N�thing in the novation shall relieve
the SUBDIVIDER of the obligations under Section (18}for the work or improvement done
by SUBDIVIDER.
RMPUBU7JE11597 -18-
. . . . . . . .. . I
(21) Time of the Essence. Time is of the essence in the performance of this
Agreement.
(22) Time for Commencement of Work: Time Extensions. SUBDIVIDER shall
commence substantial construction of the improvements required by this Agreement not
later than six(6) months after the date of this Agreement. In the event good cause exists
as determined by the City Engineer, the time for commencement of construction or
completion of the improvements hereunder may be extended for a period or periods not
exceeding a total of finro(2)additional years. The extension shall be executed in writing by
the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's
surety and shall not affect the validity of this Agreement or release the surety or sureties on
any security given for this Agreement. The City Engineer shall be the sole and�nal judge
as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension.
Delay, other than delay in the commencement of work, resulting from an act of CITY,act of
God, or by storm or inclement weather, strikes, boycotts or similar political actions which
prevents the conducting of work,which SUBDIVIDER could not have reasonablyforeseen
and, furthermore, were not caused by or cantributed to by SUBDIVIDER, shall constitute
good cause for and extension of the time for completion. As a condition of such extension,
the City Engineer may require SUBDIVIDER to fumish 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 Vestina of Riqhts. PerFormance by SUBDIVI DER of this Agreement shall
not be construed to vest SUBDIVI DER's rights with respect to any change in any zoning or
building law or ordinance.
�rus�,e�is9� —19—
(24) Notices. All natices 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, Califomia 92260
Attn: Public Works Director
Notice to SUBDIVIDER: Harrison Road Venures LLC
77682 Country Club Drive; Suite A3
Palm Desert, Califomia 92211
Attn: Stuart Chelin or Steven Hyman
Notice to SURETY: SureTec insurance Co.
c/o Pinnacle Surety& Insurance Services
151 Kalmus Drive; Suite A201
Costa Mesa, Califomia 92626
Attn: Eric Lowey or Stephanie Hoang
(25) Compliance With Laws. SUBDIVIDER,its agents,employees,contractors
and subcontractors shall comply with all federal, state and local laws in the performance of
the improvements and land development work required by this Agreement.
(26) Severabilitv. The provisions of this Agreement are severable. If any portion
of this Agreement is held invalid by a court of competent jurisdiction,the remainder of the
agreement shall remain in full force and effect unless amended or modified by the mutual
consent of the parties.
(27) Captions. The captions of this Agreement are for convenience and reference
only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation,
construction or meaning of any provisions af this Agreement.
RMPUB�D1E11597 -2 O-
(28j� Litiqation or Arbitration. in the event that suit or arbitration is brought to
enforce the terms of this Agreement,the prevailing party shall be entitled to litigation costs
and reasonable attomeys'fees.
(29) Incorporation of Recitals. The recitals to this Agreement are hereby
incorporated into in the terms of this Agreement.
(30) Entire Aareement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter. All modifications,amendments,orwaivers of the
terms of this Agreement must be in writing and signed by the appropriate representatives
of the parties.
(31) Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of Califomia.
(32) Jurisdiction. Jurisdiction of all disputes over tl�e terms of this Agreement
shall be in the County of Riverside, State of California.
/1/
!U
///
///
�pugv�,�,�s�� —21—
i
IN WITNESS WHEREOF,this Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor.
1,-4�a i�S�,u �.��� .� c..+�c
C �
, CITY OF PALM DESERT
S IVIDER
'����:�tn� +�Ya��er�
By:
SUBDIVIDER MAYOR
(Proper Notarization of
SUBDIVIDER's signature is
required and shall be attached)
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
ClTY ATTORNEY
RMPUB�D1E�1597 _�2_.
ACKNC3WLEDGMENT
State of California
county of Riverside )
On��,,,�--- before me, ,C
(insert name and title of the officer)
personally appeared �- 4 '
who proved to me on the basis of satisfactory evidence to be the person(,�}whose name�)is/p#qe
subscribed to the within instrument and acknowledged to me that helsqe�tJ�ey executed the same in
his/he�f#t�err authorized capacity(ic�p), and that by his/h�their signaturej�}on the instrument the
person{!�', or the entity upon behalf of which the persor�} acted, executed the instrument.
I certify under PENAL7Y OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. KAREN HANSEN
Commission�1877216 z
s s Notary Pub1lc-CaUbmi� D
WITNESS my hand and official seal. i' Rtverside counry �
Comm, irea Jan 16,2014
' � �
Signature�'��3,������''�� ��'�.,+�C.a--=—�'-- (Seal)
RMPUB'.VCDV66 -2 L,}-
. � .
� � < S :t �
4 r �.��'. �_
� q•i f ., � _ . . \ .
3,
C1TY OF PALM DESERT
STANDARD FORM
SUBDNtSION
FAITHFUL PERFORMANCE BOND
NAME OF SUBDIVISION:UNIVERSITY POINTE/TRACT Nta. 32498
NAME OF SUBDIVIDER:HARRISON RDAD VENTURES LLC
NAME OF SURETY: SureTec insurance Comaany
EFFECTIVE DATE: Julv 25, 2012
AMOUNT OF BOND: $345.172.00
BOND NUMBER: 438555$
PREMIUM: 7 403.00
KNt3W ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, or otherwise, named on line 2 above, without regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of
California and presently possessed of authority under Title 6 of the United States
Code to do business under Sections 6�to 13 thereof, in the aggregate amounts
hereof, hereinafter referred to as SURETY, are jointly and severally held and
firmly bound unto the City of Palm Desert, a municipal corporation of the State of
California, hereinafter referred to as CITY, in the sum mentioned on Line fi
above, for the faithful performance of that certain SUBDIVISION
IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the
subdivision named on Line 1 above, as required by the provision of the
Subdivision Map Act and C1TY ordinances, resolutions, rules, and regulations, for
the payment of which sums weil and truly to be made, PRINCIPAL and SURETY
hereby bind #hemselves, their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that if the said
PRINCIPAL shall faithfully perform the covenants, conditions, and agreements
contained in that certain SUBDIVISION IMPROVEMENT AGREEMENT befinreen
PRINCIPAL and CITY regarding the subdivision named on LINE 1 of Page 1
hereof, which said agreement is by this reference incorporated herein, on its part
to be kept and performed, in a manner and form therein specified, and shall
furnish material in compliance with the specifications and perform all that certain
work and improvement in said CITY which is more particularly described in said
SUBDIVISION IMPROVEMENT AGREEMENT, then the obligation with respect
to the faithful performance is by this reference incorporated herein.
The said SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
SUBDIVISION IMPROVEMENT AGREEMENT or to the work to be performed
thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the SUBDIVISION
IMPROVEMENT AGREEMENT, the work, the specifications or any feature or
item of performance thereunder. In the event it becomes necessary for CITY to
bring an action to enforce this bond, SURETY shall pay CITY's reasonable
attorney's fees and court costs in connection therewith.
IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this
instrument on the date mentioned on Line 4 of Page 1 hereof.
HARRtSON ROAD VE TURES LLC
,
�
�
PRi AL S A U E
�j-�-c.��� �. �
t
PRINT NAME: . .
��r-�ea n c�. �I�t:. �..�..�.
TITLE � OMPANY NAME
PRINCtPAL'S SIGNATURE
�
PRtNT NAME
TITLE & COMPANY NAME
�'�,�Te fnsurance Comp�
� ...��
-��
SURE SlG URE
Stephanie Hoa g, ttorney-in-Fact
N/A
SURETY'S SIGNATURE
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURE'rY must be attached.)
I
CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT
��;�,�.���� _���. _ = -w.-�. �>�.�;��x;��:�;���,��.�>�;�.-�,-���-�.-��:e.�.��
STATE OF CALIFORNIA �
County of Orange
On� �� ��• before me, Irene Luong,Notary Public
Dete Here tnsart ame and il°e d the f pcer
personally appeared Stephanie Hoan�
IVame�s)af�gne€1s}
who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(�s)is/ar�e subscribed to the
within instrument and adcnowledged to me that#�e/she/thay
executed the same ini�i�her�their authorized capacity("ies),
and that by�i+s/her/tMeir signature(s)on the instrument the
s�,� �,,��; � ���� ,� person(�, or the entity upon behaif of which the person fs)
����, �, I��r�� ��=t���� � acted� executed�the'snstrument,
� a��y � �� �'Y'&S`.i^fSPi �" 1��5��i �
� ��� �, ;����y��N�,� �,��,��,,,,;� I certify under PENALTY OF PERJURY under the laws of
� �� ��,�,�,��,��;� the State af Catifornia that the foregain��aragraph is true
� � ¢� �
-� ���, �, � r,��$��r�� � �,�� � and correct. ��� "�
�����r� _ �� �� �
��� � � ��-;� r :;�
Witness my and an ici se ,- �,
F
Signature ,, ;
Place Nolary Seaa Above Sagnalure of lary publ±c
f
�/,,• �
OPTIONAL ." �
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent remova!and reattachment ol this form to another document.
Descripiion�f Attached Document
Title ar Type of Document:
Document Date: Numbec of Pages:
S�gner(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signe�"s Name: Stephanie Hoang Signer's Name:
❑ �ndividual 0 Indi�idual
❑ Corpo�ate Of(icer-�-- Title(s): ❑ Corporate Officer�Title(s):
❑ Partner-- C7 Limited O General ❑ Partner�--•O Limited Cj General
1 � . . ( iiii iiii� i ii iii
� Attorney i�Fact � + ❑ Attorney in Fact s--
❑ Truslee � ❑ Trustee � °
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top ot thumb here
❑ Other• ❑ Other:
Signer Is Representing Signer Is Represenking;
:�C�GJC<.'�%CJ�..<'1Ci:'�%t:Z�f,.`Z``"-.G''�..'�`�4�'ti�.c.'�.,t.�'c>�t.Z4'Z`•�1�'C>GG.`l�<T�=C?'_L`C�"'L�'�`uf.�+CJCv'�^C;��'�.'�ti�'1�"�-�'ti`�C,'�..v^ ��i'^�'�i:'CiC>`�<:`C
t�""2t?4J N,=!�otrta No1:�ry Assa��.���€Ean•�J35b C�C 5����'�Au2.PQ$ux'�4v2+CI aes�..u�'a-,.C.A 91 uY.3-24fY2+�°.4mg�t��E vn�P�k7laryi?rt,� Etem 65JCs7 £teoaiCt.E;.�I11oiE-F'c°r_�t-8(xi•816�69�.,"7
ACKNC}WLEDGMENT
State of California
county of Riverside )
On ,�a.�,� before me, �c�C�+� �.�v'tS 2�.�R���ai°� ����f
(insert name and title of the officer
personailyappeared . � h�.�i �
who proved to me on the basis of satisfactory evidence to be the person�l whose name{�)is/a�
subscribed to the within instrument and acknowledged to me that he/s�e{��executed the same in
his/he�the�authorized capacity(.i�), and that by his/her/ttteir signature�$}on the instrument the
person�), or the entity upon behalf of which the person�)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.
KARE��
'� Commisslcn# 1877216
WITNESS my hand and official seal. a -.,� Notary Publlc-Californfa i
z -� Rfverside County =
My Comm.Expires Jan t6,2014
r�rw�r.w�e�
� �� �'..�
Signature ��� ,� (Seal)
. .. . . . . ..... .. . . . . . i
CITY OF PALM DESERT
STANDARD FORM
SUBDIVISION
PAYMENT BOND
(LABOR 8 MATERiALS)
NAME �F SUBDIVISION: UNIVERSITY POINTE/TRACT NO. 32498
NAME OF SUBDtViDER: HARRISON ROAD VENTURES LLC
NAME OF SURETY: SureTec tnsurance Companv
EFFECTIVE DATE: Julv 25, 2012
AMOUNT OF BOND: $172,586.00
BOND NUMBER: 4385558
PREMiUM: Listed on Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That the persan, firm,
corporation, entity or otherwise, named on Line 2 of Page 1 hereof without regard
to gender and number, hereinafter referred to as PRINCIPAL; and the
corporation named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the State of California and presently possessed of authority under
Title 6 of the United States Code to do business under Section 6 to 13 thereof in
the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly
and severely held and firmly bound unto and all materialmen, persons,
companies or corporations furnishing materials, provisions, provender or other
supplies used, in, upon, for or about the performance of the work contracted to
be executed or performed under the terms of that certain SUBDIVISION
IMPROVEMENT AGREEMENT hereinafter mentioned and all persons,
companies or corporations renting or hiring teams or implements, or machinery,
for contributing to said work to be done, all persons who performed work or labor
upon the same, and all persons who supply both work and materials, and whose
claim has not been paid by PRINCIPAL in the just and full sum mentioned on
Line 5 of Page 1 hereof for the payment whereof, we11 and truly to be made, said
PRINCIPAL and SURETY bind themselves, their heirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION is such that whereas the above-
bounden PRINCIPAL has entered into a SUBDIVISION lMPROVEMENT
AGREEMENT with the City of Palm Desert, a municipal corporation of the State
of California, hereinafter referred to as CITY, for the construction of public
improvements in the subdivision named on Line 1 of Page 1 hereof, which said
SUBDIVISION IMPROVEMENT AGREEMENT is by this reference incorporated
herein:
NOW, THEREFORE, if the above-baunden PRlNCIPAL, contractor,
person, company or corporation, or his or its subcontractor or subcontractors,
fails to pay for any materials, provisions, provender, or the supplies, or teams
used in, upon, for, or about the performance of the work contracted to be done,
or for any work or labor done thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work for labor, SURETY on
this bond wil! pay the same, in an amount not exceeding the sum specified in this
bond, and also, in case suit is brought on this bond, a reasonable attorney's fee
which shall be awarded by the court to the prevailing party in said suit, said
attorney's fee to be taxed as costs in said suit and to be included in the judgment
therein rendered.
This bond is executed and filed to comply with the provisions of the
Subdivision Map Act; and all CITY ordinances, resoiutions, rules and regulations
supplemental thereto; and all amendments thereto; and shall inure to the benefit
of any and all material men, persons, companies or corporations entitled to fiie
claims under and by virtue of the provisions thereof.
IN WlTNESS WHEREOF, PRINCIPAL AND SURETY have executed this
instrument the date mentioned on Line 4 of Page 1 hereof.
HARRISON ROAD VENTURES LLC
�
.
P 1P L'S SIGNATURE PRINCIPAL'S SIGNATURE
���� �t�,
PR1NT NAME PRINT NAME
Y�
TIT�E 8� M ANY NAME TITLE S COMPANY NAME
S eTe Insurance Companv
T�
SUR ' SI TURE
Stephanie Ho ng,�Attorney-in-Fact
N/A
SURETY'S SIGNATUR
(Notaria!acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
ACKNOWLEDGMENT
State of California
county of Riverside �
on �2,e�P� before me, Karen Hansen, Notary Public
� (insert name and titfe of the officer)
personally appeared ,��"cr�i e�'�' �`��.f,",�l ,
who proved to me on the basis of satisfactory evidence to be the personf�r)whose name�aj is/�'
subscribed to the within instrument and acknowledged to me that he/s��ey executed the same in
his/her!#k�ir authorized capacity{;�j,and that by his/heH�f�eir signature(,�on the instrument the
person�}, or the entity upon behalf of which the persor�)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Catifomia that the foregoing
paragraph is true and correct.
KAREN HANSEN
WITNESS my hand and o�cial seaL comm�as��n�r te77216
= e Notary Pub1lc-C�UforMt z
z Rlvetsida County '
M Co�m�m.Ex irep s Jan t g,2014+
Signature ' " ��°�� ��"�r,�°���a�,r�,, (Seal) +�r.�.��w�
CALIFORNIA ALL-PURPOSE ACKNt)WLEDGMENT
>�.��>��` .. . -» -. �� _ �,�.�;?��.z-�z.��.z�,-�.-?�.�.��,�,�c-�.-�;���:��e,��;�:��
STATE OF CALIFORNfA
County of_ Orange }
On �� ' ��"` before me, Irene Luong,Notary Public
�� Here InSert Name arld EQe oi the Iffcer
persona(ly appeared Stephanie Hoang
...,......_.._. �..._.�—._.,_
Name(s)ot Signet(s)
who proved to me on the basis of satisfactory evidence to
be the person(�s)whose name(9)is/ar•e subscribed to the
within instrument and acknowledged to me that�e/she/tlaay
executed the same ini�is/hedthMeir authorized capacity(ies),
and that by ktis/hedt�eir signature(s)on the instrument the
�g��,� � _��� person(s�, or the entity upon behalf of which the person fs)
� �� �a���;��� � acted, executed the instrument.
� � �� � C�rrr;��ss�en� f��3��$ � � �
� � ��'���, ��������,�,;,�.��1;������ � I certify under PENaLTY OF PERJURY under the laws of
� F ,���; ���„������+y -� the State of California t foregoing paragraph is true
� ��'� '" '
� ��y u�t�i a �x�,�����`�tr�C2,��1�� a�d COtTBCt: � �,
� ����<s�;,.r�;,��
Witness my and ` offic'�E�e .
,�ignature
Place Notary Sea Abov� Ss�alur ot NG1�ry P ic
�.. �.�
OPTIONAL
Though the information beJow is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and ieattachmenl of this/orm to anotlt�r document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signers Name: Stephanie Hoang Signer`s Name:
❑ Individual ❑ Individuat
O Corporate ott�cer--- Title(s): � Corporate Off�cer--�---Title{s):
❑ Partner—��imiled�General ❑ Partner ---❑Limited❑General
� Attorney in Fact ❑ Attorney in Fact
❑ Truslee � ❑ Trustee •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Gonservator Top of thurnb here
❑ Other: ❑ Other�
S€gner Is Representing Sgner Is RepresenGng:
,;.^�`�i.�:.^fii5�:�i.�.`r��."�-c��-�`"..<,�t,"�t.�i�%e.�'`�;.�i.�i:�,�4�v._.,;�..�'.'�t,?`G`�:^�1�5�`��`�i;`Ci:�c:^�:'�''�:;c%e,'�i:�c
�"?200 +'�°.cz'�NaGry As.^�t�F�t�rn•�?�40C��Se,'u Ava..BQ&>x 24s72��3�-ats+nar.h,CA 9t3t&24C4�•:rv+r�Nat;an,�€Natazy.v�� �!en��f,*�07 Reordcr Cae 7�:€-Ft�;c a-8CJt1878-£927
. . • .,_�.._..,��
e�A#: 510006 ___
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Kieow A!1 Men by These 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 presents
make,constitute and appoint
E�ic Lowey,Mark Richardson,Stephanie Floang,Shawn Blume
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge
and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to inclnde waivers to the
� conditions of contracts and consents of surety:or:
Five Million and 00/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirmiag all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until t0/31/2013 and is made under and by suthority of the following �
resotutions of the Board of Directors of the SureTec Insurance Company:
9e it Resolved,that the President,any Vice-President,any Assistant vice-Yresident,any Secretary or any Assistant Secretary shall be end is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s}in-Fact to represent and act for and on
behalf of thc Company subject to ihe fotlowing provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and
deliver,any and sIl bonds,recognizances,contracts,agreements or indemnity and other condidonal or obiigatory undertakings and any and ail
notices and documents canceling or terminating the Company's liability thereunder, and eny such inswments so executod by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be tt Resolved,tha�the signature of any authoriud officer and seal of the Company heretofore or hertafter affixcd to any power of attomey or
any certificate relating thereto by facsimile,and any power of at+orney or certificate besring facsimile signatute or facsimile seal shall be valid
and binding upon the Gnmpany with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20""ojApril,
1999.)
In Witness Whereo%SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its�orporate seal
to be hereto R:tixec:this �r.�day of September,A.D.2010.
� \�S��NCF� SURETEC INSU E C YiPANY
� �v�� X ,9 p; BY.
i � w y�g John o Jr., resident
State of'I�xas ss: 7�� 1 �c
Counry of Harris ��'
*
� On this 3rd day of September,A.D.2010 before me personally came John Knox)r.,to me known.who,being by me duly sworn,did depose and say,that
� he resides in Houston,Texa.s,ihat he is President of SUFtETEC INSURANCE COMPANY,the company described in and which acecuted the above
instrument;that he Knows the seal of said Company;that the seat st�xed to said instrument is such corporate seal;that it was so atTxed by order of the
� Board of Directors of said Company;and that he signed his name thereto by like order.
�
4
� ��NI«O'�Y- - . �
s..a.: , JACAUELYN MAIDONADO �
$`°'� �"= Notary Public,5tate of Texas
s;, ..: My Commission Expires acq ely aldo ado,Notary Public
°y.;u oi��ar May t b,2013 y comm ion ex ' s May 18,2013
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a truo and correct copy
of a Power of Attomey,executed by said Company,which is stilt in full force and effect;and furthermore,the resolutions of the Board of Diroctors,set
out in the Power of Attomey are in full force and effect� �
Given under my hand and the seal of said Company at Houston, Texas this �. , day of �� _„ ��1� ,A.D.
�
M.Brent Beaty,Assistant Secretary
Any Instrument Issued In excess of the penaity stated above is totaliy void and without any validity.
For verlflcation of the authoNty of thls power you may cail(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
s
. ` ,
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MAINTENANCE BOND
aoND tvo.: 4385558M
Premium included in Pcrformance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Harrison Road Ventures, LLC ,as Priucipal,
and Uf@ @C nsurance ampany ,�corporation organized ai�d doing business under
and by virtue of the laws af the State of Texas and duly licensed to conduct surety
business in the State of California,as Surety,are hcld and firmly bound unto
City of Palm Desert
as Obligee,in the sum of Thirty Four Thousand Five Hundred Seventeen & 00/100
($ 34.517.00 )Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors
and successors,jointly and severally firmly by these presents.
THE CONDIT[ON OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to:
University Pointe/Tract No. 32498
WHEREAS,said agreement provided tl�at Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
N(�W,THEREFORE,it'the above Principal sliatl indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee,then this obligation shall be void;otherwise to remain in fuli force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hcreto affixed and the corporate scal and the namc
of the said Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact
cn�s 8th _day�f October , 2013
YEAR
Harrison Road Ventures, LLC SureTec Insurance Company
� ; Principal
�-+- f',I
BY:
S� �r�� �•�.(��� tep rne oa g Attorncyin-Fact
L� j '•!r �L'V��
�
... . . ..._.. . . . . . . .
� +
` e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - - -...c-�f�ic�-,.t!�fL�=�n- �.�.rrar-,�,�1f�.oa� �cnzu�r-rn�aanz.c��wcv-.�`� .�Y` - -- --
State of California
County of Orange
On � � before me, Barbara Copeland,Notary Public
Date Here Insert Name and Title ol the Officer '
personally appeared Stephanie Hoang
Neme(s)ot Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me fhat
��,; . �_;� he/she/they executed the same in his/her/their authorized
r�,... BARBARA COPELAND capacity(ies), and that by his/her/their signature(s) on the
`�� ��� Commission�2016348 instrument the per5on(s), or the entiry upon behalf of
z.`;� Notary Pubiic-Gallfornta a which the person(s) acted, executed the instrument
Oranpe CouMy ..
My Comm.Expires Apr 19,20i 7 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ,and and official seal.
Signature " '
. Placa Notary Seal Above Signatur of Notary Publie
OPTIONAL
Though the information below is not required by law,it may prove valuaWe to persons retying on the document
and could prevenf fraudufent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capaciry(ies)Claimed hy Signer(s)
Signer's Name: Stephanie Hoang Signer's Name:
❑ Individual C�i lndividual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—O Limited ❑General � Partner—O Limited ❑General
Q Attorney in Fact ❑Attorney in Fact • �
❑ T(USt@2 Top of thumb here �Trustee Top ot thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other. ❑Other.
Signer Is Representing: Signer Is Representing:
02007 Nalional Notary Associatlon•g3,5p pe Spfo Ave.,P.O.Baoc 2402•Ghatsworth.CA 91313-2402•www.NadanalNofary.ag Item p5907 Reorder:Cafl Tdl-Free 7-800-876�6827
�
�� � POA s: 510006
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
%now All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Eric Lowey, Mark Richardson,Stephanie Hoang,Shawn Blume
• its true and lawful Attomey-in-fact,with full powex and authority hereby conferred in its name,place and stead,to execute, acl�owledge
and deliver any and all bonds,recognizances, undertalcings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars{$S,OOO,OOO.OQ)
and to bind the Company thereby as fully and to the same extent as if such bond were sigped by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/2015 and is made under and by authority of the following
resolutions of the Boazd of Directors of the SureTec insurance Company:
Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the foilowing provisions:
Anorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and
deliver,any and aIl bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling'or terminating the Company's liability thereunder, and any such instrumenis so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate 5ecretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or
any certificate relating thereto by facsimile,and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`�'of April,
1999.J
In Wimess f�'Ti�re%�'.JRETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be he-eM atru�d t��.i,21�:day of March,A.D.2013. �
.„,,,��� SURETEC INSURANCE COMPANY
�yVRANpF
�,••�' ,O
iuv! X '9 +,o� By,
6�w y �� John oa Jr: resident
State of Texa. sti: 7+., ,� i�r
CounE+af Harris � �
���
On this 2i:;t day of March,A.11.2013 before me personally came John Knox Ir„to me known,who,heing 6y me duly sworn,did depose and say,that he
resides in Houswn, Texas,that he is President of SURET'EC INSURANCE COMPANY, the company described in and which executed the above
inshvment;that he Irnows the seal of said Company;t6at the seal affixed to said instrument is such corporate seal;that it was so�xed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
�.w��, JACOUELYN MALDONADO \ (' I
Notary Public �� �/ �\�
State oi Texas ���
�y�OF�' My comm.exp.sllaizo»� Jacq ielyn Maldonado,Notary Public
My commission expires May 18,2017
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attomey,executed by said Company,which is still in full force and effect;and furthermare,the resolutions of the Boazd of Directors,set
out in the Power of Attorney are in fuil force and effect.
Given under my hand and the seal of said Company at Houston, Texas this��day of 1' ���,A.D.
.Bre t Beaty,Assistant ecretary
Any instrument issued in excess of the penaity stated above is totally void and without any validity.
For verificatlon of the authority of this power you may cail(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
r ,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c1ViL CODE§1i89
State of California
County of___r� Z�' � �'G..
' �� � �� a
On �L/��'1 �/ t efore me, � ,
Date f � Her'I�Nam�e and Title of the�icer M���_„_ � v^ y
l
persanaliy appeared �.�
---
. Name(s)of Siynet4S1_. ___.. �.�.. _.,.. ., ,_�__.�_ . ..,�..,._�_._._.
�,_._.m._.�,.�...�,_...__,...�....w.�.�..,_�A__
�
who proved to me on the basis of satisfactory
evidence to be the person�whose name�a'f is/ar�`
subscribed to the within instrument and acknowledged
to me that he/sbe�l�ep� executed the same in
SAMANTHA SCHWENCK his/her�kteir authorized capacity(�, and that by
Conwniasbe#�1960936 his/I°ier/ttr�'t'r signature(�`on the instrument the
Nohry Public-California person� or the entity upon behalf of which the
Rlwnide Cour�y person�j''acted, executed the instrument.
Canm.E i�e�Oec 16 2015
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand a d official seal
� � ^�
�.�_ .���
Signature: ,''' .,',r°°r.".,.�
Place Nolary Seal Above �—�°'Signatur Notary Public
OPTlONAL _.,„
Though the informafion below is not required 6y law, it may prove valuab/e to persons relying on the document
and could prevent iraudulent remova!and reatiachment oi this form to another document.
Description of Attached Document
Title or Type of Document:_
Document Date: _ i Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ Signer's Name: _
❑ Corporate Officer — Title(s): C;Corporate Officer — Title(s):
CJ Individual �"7lndividual
. .
❑ Partner—�7 Limited C:General Top of thumb here �-7 Partner — C.'Limited [C:7 General Top of thumb here
CJ Attorney in Fact ❑Attorney in Fact
�' Trustee ;'Trustee
�, Guardian or Conservator �:Guardian or Conservator
Cl Other. i=._)Other:
Signer!s Representing: Signer Is Representing:
��fc����o�fo �'�'.�. ,�k��k�n�o-`�o.r
�2010 National Notary Association•NationalNotary.org-1�800•US NOTARY(1-800-676-6827) Item 1'5907
TRACT 32498
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-- Circulation Network --- Streets
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Notes