HomeMy WebLinkAboutRelease Scrty - PM36137 - P.Moller �P . . , . . 1ve�CF��2 4^JS'Y�6i:�ha;.m�:3M+2Cw3P3rivF�::2➢¢ULSPCf.a606.Z'....
M
A
�„'�� Q�n _ :.��_� ?-���l_
}T� � i�`�N'� .�...a. .�.�.
s✓� . 3 s�. .Q .._����Y,� � �-- ���
��'T OF PALM DESERT � y �
"y" f� � `;_ s "� "
y, i B�"��'v�w �t 7 ... ,...,„.._�...............m:.o. A.......�..a....
PUBLI WORKS DEPARTMENT
STAFF REPORT
REQUEST: RELEASE SECURITY FOR PARCEL MAP 36137
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Poul Moller
Mollers Garden Center
72235 Painters Path
Palm Desert, CA 92260
Indemnity Company of California
PO Box 19725
Irvine, CA 92713
BOND NO.: 729508S
DATE: February 27, 2014
CONTENTS: Agreement
Bonds
Vicinity Map
Recommendation
By Minute Motion, release security for improvements for parcel map
36137.
Backqround
The subject property is located at 72235 Painters Path. Bonds in the total amount of
$52,605 were submitted at the time of permit issuance for off-site improvements to
Painters Path.
All improvements related to this deposit 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 parcel map 36137
February 27, 2014
Page 2 of 2
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: Depa Head:
l..�I�v'l�`�;'�1Gf' ��`n.r�G��--��
Christina Canales, Assistant Engineer Mark G nwood, P.E.,
Director o Public Works
,
�� P��
Paul S. ib n, Director of Finance
Ap roval:
1 �
�, �'`
Jo n M. Wohlmuth, City Manager
,•
. , � , .
SUBDIVISION tMPROVElIAENT AGREEMENT
DATEOEAGREEMENT: January 12 � 2012 .
NAME OF SUBDIVIDER: Poul MoZler
(referred to as "SUBDiViDER").
NAME OF SUBDIVISION: Parcel Map 36137 No. of Lots: 3
(referred to as "SUBDiVISION"). '
TENTATIVE MAP RESOLUTION OF APPROVA! NO.: 08-367 (TM No:36137�
(referred to as "Resalution of Approval")
IMPROVEMENT PLANS APPROVED ON:
(referred to as "Impravement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS:$35,070.00
ESTIMATED TOTAL COST OF MONUMENTATION: 0
SURETY:
BOND NOS: 7295085
$I.IRETY: Indemn3t Com an of Californi
-OR-
IRREVOCABLE STAND-BY LETTER OF CREDIT NO.
FINANCIAL INSTITUTlON:
-OR-
CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:
FINANCIAL INSTITUTlON:
This Agreement is made and entered into by and beiween the City of Paim Desert,a
municipal corporation of the State of Califomia, hereinafter referred to as "CITY", and the
SUBDlVIDER.
RECITALS
x�ue+wa►�ss�
. f �
e � • . •• +I �
\`
A. SUBDIVIDER has presented to ClTY for approvai and recordation, a final
subdivision map of a proposed SUBDIVlSION pursuant to provisions of the Subdivision
Map Act of the State of California and the ClTY's ordinances and regulations relating to the
filing, approval and recordation of subdivision rnaps. The Subdivision Map Act and the
CITY's ordinances and regulations relating to the filing, approval and recordation of
subdivision maps are colleetively referred to in this Agreement as the"Subdivision Laws".
B. A tentative map of the SUBDlVISION has been approved, subject to the
Subdivision Laws and to the requirements and conditions contained in the Resolution of
Approval. The Resolution of Approval is on file in the Office of the City Clerk and is
incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a
final map that SUBDIVIDER must have complied with the Resolution of Approval and must
have either(a)completed, in compliance with CITY standards,all of the improvements and
land development work required by the Subdivision Laws or the Resolution of Approval or
(b) have entered into a secured agreement with CITY to complete the improvements and
land development within a period of time specified by CITY.
D. In consideration of the approval of a final map for the SUBDiVISION by the
Cify Council, SUBDIVtDER desires to enter into this Agreement, whereby SUBDIVIDER
promises to instait and complete, at SUBDfVIDER's own expense; all the public
improvement work required by CITY in connection with the proposed SUBDIVISION.
SUBDIVIDER has secured this Agreement by improvement security required by the
Subdivision Laws and approved by the City Attorney.
ttt�ue�n�tsm
—2—
. . {� {,.
E. Complete improvement Pfans for the construction, instailation, and
compietion of the improvements have been prepared by SUBDIVIDER and approved by
the City Engineer. The Improvement Pfans numbered as referenced previously in this
Agreement are on �!e in the OfFce of the Ci#y Engineer and are incorporated into this
Agreement by this reference. All references in this Agreement to the Improvement Plans
sha!!include reference to any specifications for the improvements as approved by the City
Engineer.
F. An estimate of the cost for construction of the pubiic 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 Ci#y Engineer. The
estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is
attached as Exhibit"A" to this Agreement.
G. CiTY has adopted standards for the construction and installation of
improvements within the CiTY. The Improvement Plans have been prepared in
conformance with CITY standards in effect on the date of the Resolution of Approval.
H. All pubtic improvement monuments,street signs,and stakes as specifred on
the final map are to be completed prior to final formaf acceptance by the City Councii.
tndividual property monuments must be installed within one year fiom the formal final
Cauncii acceptance of said SUBDIVISION.
I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION,
CIIY has conferred substantial rights upon SUBDNIDER, including the right to sell,lease,
or flnance lots within the SUBDIVISION. As a result, CITY will be damaged to the extent of
the cost of installation of the improvements by SUBDfVIDER's failure to perForm its
obligations to commence constru�tion of the improvements by the time established in this
�n�c,a�n,�„sm
—3—
• , ' , � �,.
Agreement. ClTY shall be entitled to all remedies available to it pursuant to this
Agreemen#and law in the event of a default by SUBDIVIDER. It is speci�catly recognized
that the determination of whether a reversion to acreage or rescission of the SUBDIVISlON
constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole
discretion of CITY.
NOW, THEREFORE, in consideration of the approval and recordation by the City
Counci!of the final map of the SUBDIVISION, SUBDIVfDER and CITY agree as foAows:
(1) SUBDIVtDER's Obli ation to Construct Improvements.
SUBDlVIDER shail:
(a) Comply with aA 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 pubtic improvement
work required by the Resolution of Approva(in conformance with approved Improvement
Plans within one year from date of execution of this Agreement;provided however,that the
improvements shali not be deemed to be completed until accepted by City Council as
provided in Section (17) herein.
(c) Furnish the necessary materials for completion of the public
improvements in conformi#y with the Improvement Plans.
(d} Acquire,or pay the cost of aoquisition by CITY, and dedicate all rights-
of-way, easements and other interests in real property for construction and installation of
the public improvements, free and clear of all liens and encumbrances. The
SUBDIVIDER's obligations with regard to acx�uisition by CtTY of off-site rights-of-way,
easements and other interests in real property shall be subject to a separate agreement
between SUBDIVtDER and CITY. SUBDIVIDER shal! also be responsibte for obtaining
�w.��sm
—4—
• , • E �`
any public or private sanitary sewer,domestic water,drainage, and/or utility easements or
authorization to accommodate the SUBDIVISI4N.
(e) Commence construction of the improvements by the time established
in Section(22�of this Agreement and complete the improvements by the deadline stated in
Sectian (1)(b) above, uniess a time extension is granted by the CITY as authorized in
Section (22).
(� InstaA a!I SUBDIVISION pubiic improvement monuments required by
law and prior to formal final acceptance of the public improvements by CITY. Individual
property monuments shall be instailed 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 constructed or instatled on fand not owned by CtTY or SUBDIVIDER, no construction or
installation sha(I 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 aliow construction or installation of the improvements or work, or
(b) The dedication to, and acceptance by, CITY of appropriate rights-af-
way,easements or other interests in real property, as determined by the City Engineer, or
(c) The issuance by a court of competent jurisdiction pursuant to the State
Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects
with the order of possession.
RMPIlB1D1611597
-�-
. ' • . �- �
Nothing in this Section(2)shail be construed as authorizing orgranting an extension
of time to SUBDIVIDER.
(3) Securi . SUBDIVIDER shatl at all times guarantee SUBDIVIDER's
performance by fumishing to CITY, and maintaining, good and sufficient security as
required by the Subdivision Laws on forms approved by CITY for the purposes and in the
amounts as follows:
(a} to assure faithful perFormance af 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 fumishing labor and materials for the improvements required to 6e
constructed and installed pursuant to this Agreement in the addi#ional amount of 50% of
the estimated cost of the improvements; and
(c) to guarantee or warranty the work done pursuant to this Agreement for
a period of one year foNowing acceptance thereof by CITY against any defective work or
labor done or defective materials fumished in the additional amount of 10% of the
estimated cost of the improvements; and
(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 SUBDIVISlON
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
Rr�us��►�sm —6—
. .� '� • �
. ' �y (
approved security,the replacement shall: 1)comply with atl#he requirements for security in
this Agreement; 2) be provided to the City Engineer to be frled with the City Cleck and,
upon filing, 3) shall be deemed to have been made a part of and incorporated inta 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.
(4j Alterations to Im�rovement Plans.
(a) Any changes, alterations or additions to the tmprovement Plans not
exceeding ten percent(10%)of the original estimated cost of the impravements,which are
mutually agreed upon by CfTY and SUBDIVfDER, shail not relieve the improvement
security given for faithful performance of this Agreement. !n the event such changes,
aiterations, or additions exceed 10% of the original estimated cost of the improvement,
SUBDIVIDER shall provide improvement security for faithfu! performance as required by
Section(3)of this Agreement for one hundred percent(1009�0)of the total estimated cost of
the improvements as changed,altered,or amended, minus any completed partiai releases
ailowed by Section (6) of this Agreement.
(b) The SUBDIVIDER shatl construct the improvements in accordance
with CfTY standards in effect at the time of adoption of the Resoiution of Approval. CITY
reserves the right to modify the standards appiicable to the SUBDIVISION and this
Agreement, when necessary to protect the pubtic safety or welfare or comply with
applicable state or federal law or CiTY zoning ordinances. If SUBDIVIDER requests and is
granted an extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
�uem,�,is�
—7—
, . . � . � (.
(5) Insqection. SUBDIVIDER shall at afl times maintain properfacilities and safe
access for inspection of the pubtic improvements by ClTY inspectors and to the shops
wherein any work is in preparation. Upon completion of the work, SUBDIVlDER 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 shal!
certify the completion of the public improvements to the City Council. No improvements
shall be finaily accepted by the City Council unless alt aspects of the work have been
inspected and completed in accordance with the Improvement Plans. When applicable faw
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 inspe�tion and SUBDIVIDER shall not proceed vvifh additional woric until
the inspection has been made and the work approved. SUBDIVIDER shall bear all costs of
inspecction and certification. No improvements shall be deemed completed until accepted
by the City Council pursuant to Section (17) herein.
(6) Release of Securities. The securities required by this Agreement shall be
released as foNowing:
(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 subse�tion (b) hereof.
(b) The City Engineer may release a portion of the security given for
faithful performance of improvement work as the improvement progresses upon application
thereof by the SUBDIVIDER; provided, however, that no such release shall be for an
amount less than twenty-five percent (25%) of the total improvement security given for
xn�tra�,sm
—8—
� ' • ' • {� (`
faithful performance of the improvement work and#hat the security shall not be reduced to
an amount less than fifty percent(50%)of the totai improvement security given for faithful
performance until final completion and acceptance of the improvernent work. In no event
shall the City Engineer authorize a release of the improvement security which woutd reduce
such secu�ity 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
subcontra�tors and to persons fumishing labar, materials or equipment shail, at six (6)
months after compietion and acceptance of the work, be reduced to an amaunt equa!to no
tess than 125%of the total claimed by all ctaimants for whom liens have been filed and of
which notice has been given to the CITY, plus an amount reasonably determined by the
City Engineer to be required to assure the perFormance of any other obligafions 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 untit the expiration of the warranfy 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 alt 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 attomeys'fees.
(7) InLry to Public lmnrovements Public Property or Public Utilities Facilfies.
SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all
public improvements, public utili�ies facilities and surveying or subdivision monuments
Eu�ue�re��sm —9—
. � • • • �- (
which are destroyed or damaged as a result of any work under this Agreement.
SUBDIVtDER shall bear the entire cost of replacement or repairs of any and a!I 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 Ca{ifomia, or any agency or political subdivision thereaf, or by CITY or any
public or private utiliiy corporation or by any combination of such owners. Any repair or
repiacement shatl be to the satisfaction, and subject to the approval, of the City Engineer.
{8) Permits. SUBDIVtDER shall, at SUBDIVIDER's expense, obtain a!I
necessary permits and licenses far the construction and installation of the improvements,
give all necessary notices and pay a!I fees and taxes required by law.
(9) Default of SUBDIVIDER.
{a) Default of SUBDIVfDER shall include, but not be limited to,
(1) SUBDIVfDER's failure to timely commence construction af 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)SUBDIVtDER's failure to perform substantial construction wark 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;
�,�,�s�,
-lo-
� .
, ' � ' • � �
(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 pertorm any other obligation under this
Agreement.
(b) CITY reserves to itself all remedies avaifable to it at law or in equity for
breach of SUBDIVIDER's obligations under this Agreement. CtTY shall have the right,
subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's
damages in event of default by SUBDIVIDER. The right of CiTY to draw upon or utilize the
security is additionaE 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 insfaflation of the improvements and, therefore, C!N'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 SUBDtVIDER's default under this Agreement, SUBDIVIDER
au#horizes 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 work and prosecute the same to completion,by contract or
by any other method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDNiDER'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
�ua�usm —11—
,.
, • � • . �, �
(28) Litia�„ation or Arbitration. In the event that suft or arbitration is brought to
enforce the terms of this Agreement,the prevailing party shatl be entitled#o litigation costs
and reasonabte attomeys'fees.
(29) Incorooration of R`, The recitals to this Agreement are hereby
incorporated into in the terms of this Agreement.
(30) Entire Anreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter. A!I mod�cations, amendments,or waivers of the
terms of this Agreement must be in writing and signed by the appropriate representatives
of the parties.
(31) Interaretation. This Agreemen#shall be interpreted in accordance with the
laws of the State of Cal�fomia.
(32) Jurisdiction. Jurisdiction of a!I disputes over the terms of this Agreement
shall be in the County of Riverside, State of Califomia.
///
///
///
///
w�ue�n��s�� -20-
. � '� � '
.• ' . . ' , iv �
IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written; by CITY, by and through its Mayor.
��Ze-�C �
CITY OF PALM DESERT
SUBDIVtDER
By:
SUBDIVIDER MAYOR
(Proper Notarization of
SUBDIVIDER's signature is
required and shall be attached)
ATTEST:
CITY CLERK
APPR01lED AS TO FORM:
. y
� ^
Gp,Y RNEY
�truar��ism -21-
. .
CALIF4RNIA AL4PURPOSE ACKNOlA1L�DliMENT
State of Califomia
County of Rzve�side
On_ /�/9�2. before me, Luis G_ arcia. Notary.,Pub1 i�
oats ew�.umen rosme—a�ixl�a nie o'�r '
�rsonally appeared �},�/ /1'�a/f��..
�ma(e)ot a) ' '
who pro�d to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Is/are subscdbed to the
within instrument and adcnowiedged to me that
he/she/they executed the same in his/heNtt�eir authorized
W 8 GARCiA �Pa�Y(��), and that by hislherRheir sic,�ature(s) on the
Cammlssion�i8553�2 lnstrument the person(s), or the entity upon behalf of
Not��y�Me-CaI� which tfie person(sj acted,executed the instrt�ment.
Riwnld�CaN1ty
�°"�• s�w 20 2a1a I certity under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and�#icial sea
a�Na.�,s.�� Signature _
a Ho�y.aw�re _
OPT/ONAL —,
mo�r,u►e�►�no�►�ow r�rror requj�d by�aw,��y�u��we eo��ry�,�o�,n�do�„►�,r
end courdQre�rent haudtdenr renwva�and reaftacnmenr ot tt�is Ibm►ro anolher document
DescNption of Attached Document
�'"
Title orType of Documen�__ �u a�;v;S:��/ .Z'rr���ve�,r�,� ,4�wC�,e„ �
Oocument Date:_ / Iz ii Mumber of Pages: 2/
Signer(sj Other Than Named Above:
Capaciry(les)Ciaimed by Signer(s)
Signers Neme: Signe�'s Name:
�lndividual O indivfduat
O Corporate Officer—Trtte(s1� ❑Corporate Officer—'Title(s):
❑ Pariner—O Umited ❑General D Partner—�Limited O General
O Attorney in Fact O Attorney in Fact
D Tivstee Ton�m�r�re O Ttustee roP a mu„e nere
O Guardian or Conservetor 0 Guardian ar Conservator
O Other: O Other:
Signer Is RepreseMirg: Signer ts Represerrting:
o�nmwro�Wnary�sod.ra�•essonssaoa...Paea�2�o¢•aw�wam.cas�a»•�,,,a aa+�� r�eaa►:ar'�es»oo�ro-eez�
; � .
. � � �x l� / �l T '�'�
�o/ � � /�i
1�N9 . 3 b I �`7 1.nP�ov�.�..e� f Co s t- �s�:,s.i4�-2
1 ADA ramp 3�
2 remove curb 660
3 sidewalk 6" qg�
4 sidewalk 4" 57�
5 R&R asphalt 3315
6 relocate utility structure/sign p
7 remove concrete LF 660
8 remave concrete/asphalt SF 1300
9 sidewalk and wedge curb 8865
10 protect �
11 remove concrete Zpp
12 remove contrete 15p
13 construct curb 175
14 remove asphalt 350
Subtotal 2g225
Contingency 2096 5845 ,
Total 35070
r� . �
. \
. 1
CITY OF PALM DESERT
STANDARD FORM
SUBDtVtS14N
� FAITHFUL PERFORMANCE BOND
NAME OF SUBDIVISfON: Parcel Map 36137
NAME OF SUBDIVIDER: P o u 1 Mo 11 e r
NAME OF SURETY; rademnity Compxny of California
EFFECTIVE DATE• ��nuary 12, 20I2
AMOUNT OF BOND: $3 5, 0 7 0,o 0
BOND NUMBER: �2 g 5 0 8 S •
PREMIUM• �1 .�S 2.AA / 2 Years
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity, o� othenwise, named on line 2 abave, without regard to
gender and number, hereinafter referred to as PRINCIPAL, and the corporation
named on Line 3 above, a corporation autfiorized to do business in the State of •
Califomia and presen�y possessed of authority under Ti�e 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 join�y and severaify heid and
fim,iy baund unto the City of Paim Desert, a municipal corporation of the State of
Califomia, hereinafter referred to as CITY, in the sum mentioned on Line 5
above, for the faithful pertormance of that certain SUBDIVlSION
IMPROVEMENT AGREEMENT between PRINCiPAL and CITY regarding the
subdivision named an Line 1 above, as required by the provision of the
Subdivision Map Act and CITY ordinances, resolufions, rules, and regulations, for
. . � �,
2
the payment af which sums well and truly to be made, PRiNCiPAL and SURETY
hereby bind themselves, their heirs, administrators, executors, successors and
assigns,join�y and severalty, firmly by these presents.
The condition of the foregoing obiigation is such that if the said
PRINCIPAL shail faithfully pertorm the covenants, conditions, ar►d agreements
contained in that certain SUBDIV1SlON IMPROVEMENT AGREEMENT between
PRlNCIPAL and CITY regarding the subdivision named on LtNE 1 of Page 1
hereof, which said agreement is by this reference incorporated herein, on its part
to be kept and pertormed, in a manner and form therein specified, and shali
fumish materiai in compfiance with the specifications and pertonn al( that certain
work and improvement in said CITY which is more particulariy described in said
SUBDIVISIDN IMPROVEMENT AGREEMENT, then the obligation with respect
to the faithful pe�formance is by this reference incorporated herein.
The said SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, atteretion or addition to the terms of the
SUBDIVISION iMPROVEMENT AGREEMENT or to the work to be performed
thereunder ar the specifica�ons 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 addi�on to the terms of the SUBDIVISION
IMPROVEMENT AGREEMENT, the work, the spec'�fications or any feature or
item of performance thereunder. !n the event it becomes necessary for CITY to
bring an action to enfarce this bond, SURETY shall pay CITY's reasonabie
attomey's fees and caurt costs in connection therewith.
, . � �w
3
IN VVtTNESS WHEREOF, PRINCIPAL and SURETY have executed this
instrument on the date mentioned on Line 4 of Page 1 hereof.
Poul Moller
� �
PRINCIPAL
PRINCIPAL
SURETY
Indemnity Company of California
SURETY �
$y�t�,� rn �1��
Diane M Nielsen - Attorney in fact
{Notariaf acknawiedgement of execution by ALL PRiNCIPALS and SURETY
must be attached.)
CALIFORNIA ALL.PURPOg� ACKNOWLEDt3MENT
��.�,
- - �fio.���n�� �
, ---
State of Califomia
County of Riverside
On � /4 /L before me, Luis Gar '
ou.
f� ere Nr++e a me
personally appeared I�p�c, o/(E2
s s)
who proved to me on the basis of satlsfactory evider�to
be tfie Person(s)whose name(s) is/are subscribed to the
within instrument and adcnowiedged to me that
he/she/they executed the same in hisJher/their authorized
�ws GARCU ����Y���),and that by hisfier/their signature(s} on the
Commisaton t 1855342 i�strument the person(s), or the entity upon behalf of
� Notary Puak-C�tNorn�a which the person(s)acted, executed the instrument.
a��Id�couaty -
M Comm.6 ir���l20,20�3 I certify under PENALTY OF PERJURY under the laws
of the State of Ca{ifornia that the foregaing paragraph is
true and correct.
WITNESS my hand and o#'�cial seal.
��r s�ae�,. Si9�ature
� ���
oPno�vac
7hough Bre lnlbm�ation be/ow fs not requireal 6y law,lt maYWt�ve veluadle ta Persw�s�+elying a►the ducumertt
a�d c�nuld pre�nt haudulent remvva/and reaitad�ment of tMs lam to another docume�nt
i�escription of Attached Doc.wmerrt
Tltle or Type of Doaament: H:� ti �e,� „ti�n,�,,,c� a,v,�.
Document Oate: //,z�2 Idumber of Pa
9���_
Signe�(s)OtherThan IYamed Above:
Cap�clty(ies)Claimed by Signer(s)
Signer's Name: Signers Name:
'�Indhridua! O Individual
❑ Corporate Offcer--11t1e(s): ❑Corporate O�icer—TiUe(s):
❑ Partner--p Limited ❑General � � ❑Partner--p Umited O Generat
❑ Attorney in Fact ❑Attomey in Fact
D TrU8t86 7op�dwmb here Top d tluxnb here
❑7�USt8@
O Guardian or Conserv�tor ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representiny: Signer Is RepreseMing:
020D7 PlbrW NasrY As�ad�laf•9050 Os 3010 Avs.,P.Q Bnt 210R•Chrbwaf4 G 9131&2402•ww�
�O�D �Ib607 Fisader.Cal7bM�FiNi�800�876�8827
STATE OF CALIFORNIp
�
COUNTY OF RiVERSIDE
ON �� 1�- ,BEFORE ME, LINDA ROCHA, Notuy Public
PERSONALLY AP'PEARED; Diane M.Nielsen
Whu proved to me on the basis of s�tisfactory evidence to be the person(s)whoae n�mt(s)ia/ue
snbscriibed to t6e witltin instxvment&scknowledged to me that hei8helthey ezecnted t6e same in
his/her/their authorized capacity(iea),snd t�t by hia/herJt6eir signatnr�(s)on the inatrument tLe
pereon(s),or the entity npon behalf of wLich t6e peraoa(s)�tcted,ezecnted t6e inatrumea�
I certify nnder penalty of perjary ander the Iaws of t6e State of C�liforniu th�t the foregoing
parxgraph is hve and�n�cc�
WITNES3 my hand�nd official aeaL
lI1�A ROCNA
( ComnNuion�f95�008
Sl Atq : �Y��-CaN1or+N�
� �
� L' da Roc6a,Notary Pnblic C0m"'•E �,zo�5
ALL PURPOSE ACKNOWi,EDGMENT
. . . . �- C
�
CITY OF PALM DESERT
STANDARD FORM
SUBDIViSION
PAYMENT BQND
(LABOR$�MATERIALSy
NAMEOFSUBDIVISION: parcel Map 36137
NAME OF SUBDIVtDER: Poul Moller
NAME OF SURETY: Indemaitq Company of California
EFFECTlVE DATE: .7anuary 12, 20I2
. AMOUNT OF BOND: $17,5 3 s .o 0
BOND NUMBER: �2 g 5 0 8 S
PREMlUM' Included fn Performance Bond
KN4W ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity or otherwise, named on Line 2 of Page 1 hereof without regard
to gender and number, hereinafter referred to as PRINClPAL; and the
corporation named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the State of Catifomia and presen�y possessed of authority under
Ti�e 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 fumishing materials, provisions, provender or other
supplies used, in, upan, for or about the pertormance of the work contracted to
be executed or pertormed under the terms of that certain SUBDIVISION
L:lTemplstesU.a6or�a4aodi�ls Bond Subdiviaion.doc
•. � (.
�
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 dane, ali persons who performed work or fabor
upon the same, and ail persons who supply both work and materials, and whose
ciaim has not been paid by PRINCIPAL in the just and fufl sum mentioned on
Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said
PRINCIPAL and SURETY bind themsefves, their heirs, administrators,
successors and assigns,jointiy and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION is such that whereas the above-
bounden PRIfdCIPAL has entered into a SUBDNISION IMPROVEAAENT
AGREEMENT with the City of Palm Desert, a municipal corporation of the State
of Califomia, hereinafter referred to as CITY, for the constrv�tion of public
improvements in the subdivision named on Line 1 of Page 1 hereof, which said
SUBDIVISlON IMPROVEMEIdT AGREEMENT is by this reference incorporated
herein:
NOW, THEREFORE, if the above-bounden PRINCIPAL, cantractor,
person, company or corporadon, or his or its subcontractor or subcontractors,
tails to pay for any materials, provisions, provender, or the supplies, or teams
used in, upon, fo�, or about the performance of the work contracted to be done,
or for any work or labor done thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work for labor, SURETY on
this bond will pay the same, in an amount nat exceeding the sum specified in this
bond, and aiso, in case suit is brought on this bond, a reasonable attomey's fee
L:1Teroplaus�Lebor dt Mauriels Bond 5ubdivision.doc
,' ' �, �.
� 3
which shail be awarded by the court to the prevailing party in said suit, said
attomey's fee to be taxed as costs in said suit and to be included in the judgment
therein rendered.
This bond is executed and filed to comply with the provisions of the
Subdivision Map Act; and all CITY ordinances, resolutions, rules and regulations
suppiemental thereto; and all amendments thereto; and shal! inure to the beneftt
of any and all materiaimen, persons, companies or corporations entitied to ftle
c(aims under and by virtue of ifie provisions thereof.
IN WITNESS WHEREOF, PRINCIPAL AND SURETY have execu#ed this
instrument the date mentioned on Line 4 of Page 1 hereaf.
Poul �toller �
��
PRfNCIPAL
PRINClPAL
Indemnity Company of California
SURETY
.
B Y• yy� l�C�--�
1 ll
SURE�TYDiane M Nielsea - Attorney in fact
(Notariaf acknowledgement of execution by ALL PRINCIPALS and SURETY
must be attached.)
L:1T�at�aU,abor&Maui4ls Boad 5ubdivision.doc
CALIFO�NIA AL4PURppgE ACKHOWLEDt#MENT
�.,�� --- - - -
�� ------ ���n �� � �. _
State of Catifomia
County of Riverside
,F' ,
On_ !II�R,`Iz. before me, Luis Garci
�8 Heis Iroat idarns snd y,e
personaily appeared vk� /y�o�%t
Nar�a(s)W S-- a ' ---
who proved to me on the basis of sahsiactary evidence to
be�e Pet'��(s) whase name{s) isJare subscribed to the
� within instrument and acknowledged to me that
lws GARC�a he/shefthey execxrted the same in his/hedtheir auiho�ized
Gommisston r te553�2 capacity(ies), and that by his/her/�heir signature s on the
� �0�'ry�'���0"� y instrument the person(s}, or the entity upon behaif of
R����01"�' which the
comm. �W2o.2it3 Person(s)acted, executed the instrument
i certify under PENALTY OF PERJURY under the laws
af the State of California that the foregoing paragraph is
true and correc�
WITNESS my hand and official seal.
�„�,,,�,s�,,,�� Signature y��
Sl�wn w nrda,y q,� '
OPT/ONAL '
Tharpl►rhe inran,atlorr below Is nor requhe�d by law,it may arrnre va�uehes to aersor�s reiying orr rhe dbamrenr
end�add p�renr►reu�lent rernove�and,eartachmenr ot rnls a�m ro another dbcumenr.
Descriptfon of Attachad DocumeM
i'itle or T of Docu 1�; > - .<; "
YPQ ment• `
r i�i�c..,...��� � _v,U�����
Document Date: 1 l Z�z Number of Pages:
Signer(s)Other Than Narr�eci qbove;
C�acity(les)Clalmed by Signer(s)
Signer's Name; Signer's Name:
�Q'�Individual ❑Indtvidual
�❑ Corporate Offtcer—Titte(s): ❑Corporate Officer—Titie(s):
❑ Partner—p Umited �General O Partner—p�imfted O General
❑ Attorney in Fact D Attomey in Fact
❑ Tnrstee Top ot aw�ro�,ere O Trustee 'roP or��,nw►,�re
❑ Guardian or Conservator ❑Guardan or Conservator
C] Other. O Other.
Signer Is Representing: Signer Is Representlng;
oaoo�wrawriou,r�roar�•�oasoaaa.,Pa��oe•cn.rwa�+.cr►e,�a�oz•�po �,,,,a�o� aeadw:cale�.r..�-0oo�e�eaer�
STATE OF CALIFOItNIA
}
COUNTY OF RIVERSIDE
ON __ ���a�J,. „ „ ,BEFORE ME, LINDA ROCHA, Notary Pnblic
PERSONALLY APPEARED; _ Diane M.Niei�en
Whu p�'oved to me on the basis of satisfactory evidence to be the per�on(s)whoee name(s)isJan
snbscri6ed to the within inshvment&acknowledged to me that hdshe/tltey eaecuted t6e same in
his/her/their aut6orized capacity(ies�and that by his/her/their signatures(s)on the inshvment the
person(s),or the entity upon beLalf of which tLe person(s)acted,ezecnted the inshvmenk
I certify nnder penalty of perjnry under tLe laws of the State of Cnlifornia that the foregaing
paragraph is true and co�
WITNESS my hand and official sesL ��c�u
Commf�sion a�1958006
� Nohry PuWic-CNltorni�
Rivenfd�Count�
SigUahl : Comm.Expires Mav 20,2015+
L' da Rocha,Notary Ppblic
ALL PUR.POSE ACK1�10WLEDGMENT
. ' � . �,,-
. . �
' POWER OF A7TORNEY FOR
DEVELOPERS SURETYAND INDkMNITY COMPANY
INDEMNITY COMPANY OF C,qLIFpRNIA
PO Baa t9725.fftVINE�G►92623(94�263-3300
KNOW ALl BY THESE PRESENTS Ihet except ag e�►es�'imiled�bEVELOPERS SURETY AND MlDEMNIFY COI�ANY and MJDEMYJRY CAMPANY OF CALIFORNW,do esch
her�eby make,caneBdite and appaht
"'Van G.Tanner, Paul W. Lewis,Mad�r S.Coste(lo,Ann Willard,Sai C.Sandoval,Diane M.Nielsen,jointly or severally"•
as 9�ek bue and law4d At�neY(S}-�.Faa.to meke.ezeaAe,deCvaz and edc
�P 9�8 er�d 9rantlrp unto seldAUomey�s}in-Fact hdl �.far�m behetlaf seid caporeYons,as sureties.bonds,u�ps mid oontrec�of sure(y
Power and authority to do and to pe�(orm every ad�e�ssazY►e9�e a t+�Per b be done In cnrmecdon tlierewYh as eadi M
said corpaatlons could tb,but reseMng b eech of setd corporalions fup pouwer oF�bs�Ndon end revocatla�.end aA oF tlie ads of said Atlpney(�1-inf�f.P��t b Nbse presents,
are hereby ratlbed and co�lhned.
This Power of AttomeY�9�ted mid is si�ad by facsimUe unde�and by aulhon�Y ot 1he foMowing rasoM�Ons ado�ed bY ihe rasPedive 9oards d D4edors of DEVEEOPERS SURETY
AND lNDEI�ikRY COMPANY end INDEMNITY COMPANY OF CAL�ORNa,eBediue as of Januery tst,2008.
RESOLVED,fhet a combbialim af any lwo of tl�e Che6man ot�e Boerd.Cie Preaident,ExecuMva Y�ce-President,Senbr Vice-President a any 1�ce f'residerN af Ihe
corPoialdo►�s.ba►ds,�e�of tl�dn here6y is.�tred b e�cecule dtls Power�A�b 9�Y�9��ney(s)narned i►tlie Porrer of Atbmey�exewte,on b�alF of fhe
�aa�c u�e e�a�or,of��A��"a ana n�u�e s�ya�,yass�,as.a�ya�an,e�or�auo�s ne,�,d e�nora�ner�y�,a„a�o�a
RESOLVED.FUR'I'HER,that Ihe�gnalures of such olt�cers may be afPoced b amr such Pawer of At�mey or b any ce�6Ncale rela5 tl�eto
or oonbact�swetystdP�k�'�s chalfa�f��hras shal be va6d and b�Nng i�pon 6ie capotafio�s whan so afixed and in Ihe h�ue wNh+es�,t��bp�d,imdertaldng
IN WITNESS W!"IBtEOF.DEVELOPERS SURE]YAN��NDEM�NTY COMPANY and E�IDEMNITY COMPANY OF CALIFORNIA hava severaM�t caused Atese p�is tc be sk�ned by
tl�ek respective olficers aid altasGed by Iheir re�e Seae�ry a Asstslant Seaelary Ihla Ociaber 4ih.2Qt 1.
c.�...�L��!lidc.i/ ��y
B� •V'_�NMlyp��f
Dm11Bl Yo11np�SeniOr lflce-Ptesident � =ryJ����q�Np��y t � OD pP�qO�
S� /� rG��� _ i � R r� _ �' R H �,O
B. l�� (JC -�F OCT. S�� �ZV c��
�" � ;��„! 10 f�- �� OCT.5 � '�
Sieve A Tvedt,vice-pres� °o�;, 19 3 6 ��f uj 19B7 �
Sfeke M Ce�Fania �yo+��ti!OW R,..1��aDs Z�q�lF04���P'�
�Y�� �~"'n.�.*n�N•"°�
*
On Oda6er 4 2011 p�� AMa�io Ahratado P�
� H�e I�ert Name and Title of tl�e Olfi�ar
P��Y ePPeared O�iel Y end Sfeve A Tvedt
Name(s)af Stgner(s) ,
who proved Eo me on�e 6ae�of seUsfadory evidence b be Oie Pe�sl whose name(s)Ware su6a�xlbed b
�e"��end acimowfedged b me Uret hekha/Dby e�cea�ed�e sa�ne In ti�r1A►eir euUpritad
�4htTON10 ALYARADO �'�1.��bY WsA�eir signaiu�e(s)on�he Instrument tlia P�on(s)�or�he at�ly won behalf of
CWI+�1.�1880643 Pe�sa�ts)ac�d.execumd the tnstumeM.
���� �ca�y w�der PENALN OF PERJURY undnr the�urs of H�e Stata of Ce�ania Umt Ure
��. Au�p.9Y201S Uue arM cared �9�9 P�9�Ph�S
WfMESS my hand and oficiai seel.
Plece NotaY Seal Above 5i9nalure i1r�+�.
Mlonio Alv�aAo�NWary Pubic
CERTIFICATE
The undeieigned,as Sep�ary a Ass�fant Seuelaiy at OEVq.OPERS SUREIY AND INDEMNIiY oOMPANY a INDEMNI'fY COlu�ANY OF CALIfORNUI,�es hereby
seld caP���In�aie Po��( re�s in k�l ra�e and n�na eeen ievokea�ul�hatl�ermore,�a�e povisbns d a�e resoNdbns of fhe�especUve soards oi Dheclors of
Attomey are tn faoe ss p(tlie date of MYs Certlli�.
��a�e��ea�ee h the ctty of�vine,ca�or,aa,�is �2�d#� J an u a r p, 2 0 I 2
BY �
Seae�y
IQ138D(Ftay.10V11j
Company Profile
INDEl�ZNITY COMPANY aF CALIFORNIA
P.O. BOX 19725
IRVINE, CA 92713
800-782-1546
Former N�mes for Company
Old Name: TR.ANSNATIONAL CASUALTY INS CO Effective Date: 08-12-1976
Agent far Service of Process
Unable to Locatc the A,ent far Service of Process''
lZeference In�ormation
NAIC#: 25550
NAIC Group#: 0075
California Company ID#: 1926-5
Date authorized in August 20, 1968
Califomia:
License Status: ��MITED-
NORMAL
Company Type: Property&Casualty
State of Domicile: CALIFORWIA
_
. _ _ _ _.
_ __
Lines of Insurance Authorized to Z'ransact
The company is authorized to transact business within ihese lines of insurance.For an
explanation of any of these terms,please refer to the��iassarv.
SURETY
Company Complaint Information
Comnanv Enforcen�ent Action Docume�its
72235 PAINTERS PATH � �
____ --- .---___-_ _ _ ____ _ _ ��� �__
� ___ -_ _ _----
�
i �y�'s'
i ��`�
� �i
k
,
1
:
�
,
I
'S,r
��
��>
>
�'r
��
�`y
'>
ro
g
tx
f �b_
. 9
1 t
I
i
i
1 ,
i 'tE
1 6
i
i
; —___._
i
i
i
� -� r--� ;
Legend O
1:2,470
— Circulatlon Network Streets
j_� City Boundary ❑ Parcels(1/2014)
� Ci1y Boundary Notes