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Home My WebLink AboutRelease Scrty - Ironwood Master Association � CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE SECURITY FOR THE IRONWOOD HEIGHTS GATEHOUSE SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Ironwood Master Association C/O Dan Farrar-Merit 43-100 Cook Street, Ste. 103 Palm Desert, CA 92211 DATE: June 12, 2014 CONTENTS: Trust Deposit Agreement Vicinity Map Recommendation By Minute Motion, release security for improvements for the Ironwood Heights Gatehouse. Backqround The subject property is located at 48-500 Mariposa Drive. Bonds in the total amount of $7,995 were submitted at the time of permit issuance for off-site improvements to the Ironwood Country Club entry way Mariposa and Portola Avenue. All improvements related to these bonds are complete. Staff has recently re-inspected the improvements to insure that they remain as they were when accepted at final inspection. Staff recommends that the City Council authorize the release of the faithful performance and labor and materials bonds. Staff Report Release Security for Ironwood Heights Gate Page 2 of 2 June 12, 2014 Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Depart e t ead: , ,+ � � � �a�� Christina Canales, Assistant Engineer Mark Gr e wood, P.E., Director of ublic Works Pa S. Gibson, Director of Finance p oval: n M. Wohlmuth, City Manager CITY COUNCIL AC�TiON APPROVED DF.NTED RECEIVED OTHER MF.CTi G DAT b"�2� AYF.S:��n,��l��50�24?,l,LttQ,�oe��T�.� NOES: � AI3SF,NT: � A13STAIN: � VF,RIFIrD I3Y: �-�K� rlh✓� Original on File with City Clerk's Office ., �� t qy} _� � � ,j '^�� CITY OF PALM DESERT � � TREASURER'S RECEIPT FOR TRUST DEP�OSIT � DATE l.� � � � 3 �AMOUNT � ✓�!, O� DEPOSITOR'S NAME 1' o u O� l�' �Sp G� � REASON FOR DEPOSTT �a��+ I. �+"'�1-�r�aM�c �, ��r q o�d W t fQI �� Vl � t* ..t_rOkG.ude�C'� r�i��t1'�'S tM7�'t'�Gn�..t5-E'.. c.�� t l3� RECEIVED BY /�%��6 G ACCOUNT NUMBER(circle one): 610-0000-228-XX-00 Ol Deposit in Lieu of Bond l 1 Landscape&Lighting 24 Art Essay Contest 02 Monumentation 13 Rent Review Commission 25 TUMF 03 Monterey 170 14 Candidates Deposit 34 Employee Donations 04 Grading Bond 15 Mitigation Fringe Lizard 39 PM 10 Deposit 0 Demolition Bond 16 Special Events 49 Athena Award 06 Faithful Performance Bond 17 Wine&Art Festival 5010 Community Walk 7 Misc.One-Time Deposit 21 Assessment Dist. Deposit 60 Planning Fee Deposit 08 Multi Species Mitigation 23 Median Const/Landscape IS THE DEPOSIT REFUNDABLE? YES NO CO DITIONS TO BE M T EFORE REFUNDIN(`f��'JEP�OST,�/T�? ) d" i V V 1.�f �� 4� � ! '�W* i+�Ca�../7 '� AMOUNT REFUNDABLE S�. 0 DATE TO BE�EFUNDED MAIL REFUND TO: m rSccf ,or� ` .e. 4 /' s , e` �/�} 2 !`o - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FINANCE DEPARTMENT USE ONLY DATE REFUNDED CHECK NO. AMOUNT NOTE:ATTACH TAPE SHOWING CALCLILATTON OF INTEREST EARNED,IF ANY. WHT-PAYOR GRN-TRUST ACCT CAN-ACCOUNTINC PINK-NUM.COMROL G.ROD•ISSUlNG DEPT: APN: 655110007 House#: 73600 APN: 655110007 House#: 73600 APN: 655110015 House#: 73595 APN: 655120043 House#: 48870 IRONWOOD HEIGHTS GATE APN: 655110013 House#: 73620 APN: 655100026 APN: 655100025 House#: 73640 House#: 73660 APN: 655110013 APN: 655100026 House#: 73620 House#: 73640 APN: 655110022 House#: 0 d Q V'SOd/d V'W APN: RW House#: 0 - Circulation Network Parcels (4/2014) AGAVE LN APN: 655100035 APN: 655100035 House#: 0 House#: 0 APN: 655110014 House#: 73625 APN: 655100027 House#: 73645 PORTOLA AV'E Legend APN: 655210033 House#: 0 City Boundary City Boundary 1:655 Notes APN: RW House#: 0 APN: 655210033 House#: 0 0 C11Y OF PflIM DES � Rt � I 7i—S 1 O FRlD WARIN(: Dx�vs iPALM DESFICf,CALtF11RN1A t)22G0-2575 TaL:760 346—o6z i i nfi�t�'cicyofpuimdescrt.orR I June 25, 2013 Mr. Dan Farrar-Merit Ironwood Master Maintenance Association 43-100 Cook Street, Suite 103 Patm Desert. California 92211 Dear Mr. Farrar-Merit: Subject: Imarovement Aqreement for the Real Proaertv Known as Ironwood Hei�rhts Gatehouse—lmprovement Plans No. G-1Z96 Enclosed for your records is a fully executed copy of the Improvement Agreement. If you have any questions or require additiona!information, please do not hesitate to contact us. �� Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) cc/enc: Mark Greenwood, P.E., Director of Public Works s��.u..«��,.,.� IMPROVEMENT AGREEMENT DATE OF AGREEMENT:, Ju�► I� , 20�. . NAME OF DEVELOPER: 1xoNu�aon__/yI�T�Q �IA��T�.�Cc, ��'afi��✓ (refened to as "DEVELOPER"). NAME OF DEVELOPMENT: .L�d''�4J4�� Q��S Gct.'�t.,Gl0 u s.C. (referred to as "DEVELOPMENT"'). DEVELOPMENT RESOLUTION OF APPROVAL NO.: Resolution `�' (referred to as"Resolution of ApprovaY') IMPROVEMENT PLANS NO.: �� ~' I Z`�� (referred to as "Improvement Plans"). ESTIMATED TOTAL COST�F TMPROVEMENTS:$ � S 3 3 0, d � SURETY: �— (�A 5 � � 0�i �' LETTER OF CREDITBOND NOS.: This Agreement is made and entered into by and between the City of Palm Desert, a municigal corporation of the State of California, hereinafter referred to as "CITY", and the DEVELOPER. 99�9.1�99915760.'iMT.I RECITALS A. DEVEL�PER has presented to CITY for approval a Conditional Use Permit/Precise Pian of Development pursuant to provisions of the CITY's ordinances and reguIations relating to development approval. B. A Canditional Use Permit/Precise Plan of Development has been approved, subject to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the C)ffice of the Director of Community Devetopment and incorporatec!into this Agreement by reference. C. In consideratian of the approval of a Conditional Use Permit/Precise Plan of Development for the DEVELOPMENT by the Planning Commission, DEVELOPER desires to enter into this Agreement, whereby DEVELOPER promises to instatl and complete, at DEVELOPER's own expense, alI the public improvement worlc required by CTTY in connection with the proposed DEVELOPMENT. DEVEL�PER has secured this Agreement by improvement security required by the City and approved by the City Attorney. D. Complete Lnprovement Pians for the construction, installation, and completion of the improvements have besn prepared by DEVELOPER and approved by the City Engineer. The Improvement Plans numbered as referenced previousIy in this Agreement are on �Ie in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Lnprovement Plans shatl include reference to any specifications for the improvements as approved by the City Engineer. E. An estimate of the cost for construction of the public improvements and performing land development work in connection wilh the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on �.o�.�eo3ao.� Page 1 of this Agreement.The basis for the estimate is on file in the Office of the City Engineer and is incocporated into this agreement by reference. F. CTTY has adopted standards for the construction and installation of improvements within the CTTY. The Improvement Plans have been prepared in conformance with CTTY standards in effect on the date of the Resolution of Approval. NOW,THEREFORE,in consideration of the approval of the DEVELOPMENT, DEVELOPER and CITY agree as follows: (1) DEVELOPER's Obligation to Construct Improvements. DEVELOPER shall: (a) Comply with all the requirements of the Resolution of Approval, and any amendments thereto. (b) Complete at DEVELOPER's own expense, all the public improvement work required by the Resolution of Approval in confarmance wiEh approved Improvement Plans within one yeaz from date of execution af this Agreement. (c) Furnish the necessary materials for completion of the pubiic 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 constniction and installation of the public improvements, free and clear of all liens and encumbrances. The DEVELOPER's obligations with regard to acquisition by CITY of off•site rights- of-way, easements and other interests in real property shall be subject to a separate agreement between DEVELOPER and CITY. �x�x�.crr��n.5��.i � DEVELOPER shall also be responsible for obtaining any public or private sanitary sewer,domestic water,drainage,and/or utility easements or authorization to accommodate the DEVELOPMENT. (e) Commence construction of the improvements by the time established in Section (21) of this Agreement and complete the improvements by the deadline stated in Section (1)(b) above, unless a dme extension is granted by the CTTY as authorized in Section(21). (2) Acpuisition and Dedication af Easements or Ri�hts of W�. If any of the public improvement and land use development work contemplated by this Agreement is to be constructed or installed on land not owned by CTTY or DEVELOPER, no construction or installation shall be commenced before: (a) The offer of dedication to CTTY of appropriate rights-of-way, • easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or (b) The dedication to, and acceptance by, CTTY 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 compeient jurisdiction pursuant to the State Eminent Domain Law of an order of possession. DEVELOPER shall comply in all respects with the order oF possession. Notiiing in this Section(2)shatl be construed as authorizing or granting an extension of time to DEVELOPER. v�_o�rrrs�a�,�.w.i q (3) Securitv. DEVELOPER shall at all times guarantee DEVELOPER's performance by furnishing to CITY, and mainEaining, good and suffiicient security as required an forms approved by CTfY for the pvrposes and in the amounts as follows: (a) to assure faithful performance of this Agreement in regard to said improvements in an amount of lOt}9'a of the estimated cost of the improvements; and (b) to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materiais for the improvements required to be constructed and installed pursuant to this Agreement in the additionat amount of 50%of the estimated cost of the improvements;and The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documencs referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1)comply with all the requirements for security in this Agreement;2)be provided to the City Engineer to be filed with the City Clerk and,upon filing, 3)shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a reptacement security with the City Clerk,the former security may be released. (4) Alterations to Improvement P1ans. (a) Any changes, alteratians or additions to the Improvement Pians not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CTI'Y and DEVELOPER, shaii not relieve the improvement security given for fAithful perfor�nance of this Agreement. In the �y.o�su�a4o.� � evenE such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, DEVELOPER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent(100%) of the total estimated cost of the improvements as changed, altered, or amended, minvs any completed partial releases allowed by Section (6) of this Agreement. (b) The DEVELOPER shall construct the improvements in accordance with CTTY standards in effect at the time of adoption of the Resoludon of Approval. CTTY reserves the right to modify the standazds applicable ta the DEVELOPMENT and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If DEVELOPER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. (5) Inspection. DEVELOPER shall at all times maintain proper facitities and safe access for inspection of tiie public improvements by CTTY inspectors and to the shops wherein any work is in preparation. Upon completion of the work,DEVELOPER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, tben the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finatly accepted 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 con�truciing and installing such improvements, CITY shall be given timely notice of DEVELOPER's readiness for such inspection and DEVELOPER y�rr�.�rrrrn5��.i 5 shall not proceed with additional work ar►til the inspection has been made and the work approved. DEVELOPER shall bear all costs of inspection and cert�cation. No improvements sha11 be deemed campleted until accepted pursuant to Section(16)hersin. (G) Release of Securities. The securities required by this Agreement shall be releasect as following: (a) Secwity given for faithful performance of any act, obligation, work or agreement shall be released upon the �nal completion and acceptance of the act or work,subject to the provisions of subsection(b)hereof. @) The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the DEVELOPER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) af the totat improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shali the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the compietion of the improvement work and any other obligation imposed by this Agreement. (c) Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, inaterials or equipmen� shall, at six (6) monthti after compietion and acceptance of the work, be reduced to an amount equal ta no less than 125% of the total claimed by all cl�im�nis for whom liens have been filed and of which notice has been given to the CITY, plus an amount reasonably determined y�.o�xrx5�6o.�ao.i � 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 s�curity was given. (d) CiTY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees,including reasonable attorneys' fees. (7) Iniury to Public Lnurovements Public Praperty or Pubiic Utilities Facilities DEVELOPER shall replace or repair or have replaced or repaired, as the case may be, all public improvements,public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. DEVELOPER shall bear the entire cost of replacement or repairs of any and aIl public or public utility property damaged or destroyed by reasan af any work done under this Agreement, whether such property is owned by the United States or any agency thereof,or the State of Califomia, or any agency or political subdivision thereof, or by CITY or any pablic or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approvai,of the City Engineer. (8) Permits. DEVELOPER shall, at DEVELOPER's expense, obtain all necessary permits and licenses for the consttuction and installation of the improvements, give al!necessary nodces and pay all fees and taxes required by law. (9) Default of DEVELOPER. (a) Default of DEVELOPER shall include,but not be timited to, (1) DEVELOPER's failure to timely commence construction of this Agreement; (2) DEVELOPER's failure to timely complete construction of the improvements; �.arx�ns��-�ao.� g (3) DEVELOPER's failure to timely cure any defect in the improvements; - (4} DEVELQPER's failure to perform substantial construction work for a period of twenty(20)calendar days after commencement af the work; (5) DEVELOPER's insolvency, appointment of a receiver, or the �ling of any petition in bankruptcy either voluntary or involuntary which DEVELOPER fails to discharge within thirty(30)days; (6) the commencement of a foreclosure action against the DEVELOPMENT or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure;or (?) DEVELOPER's failure to perform any other obligatian under this Agreement. (b) CITY reserves to itself all remedies available to it at law or in eguity for breach of DEVELOPER'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 DEVELOPER. The right of CITY to draw upon or utilize the security is additionaI to and not in lieu of any other remedy available to CTTY. It is specifically recognized that the estimated costs and security amounts may not reflect the actuat cost of construction or installation of the improvements and, therefore, CITY's damages for DEVELOPER's default shall be measured by the cost of completing !he required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvement,s in accordance with the improvement pians and specifications contained herein. �xrxn�.a��s�eo.�+ao.i q (c) In the event of DEVELOPER's default under this Agreement, DEVELOPER authorizes CTTY to perform such obligation twenty (20) days after mailing written natice of default to DEVELOPER and to DEVELOPER's surety, and agees to pay the entire cost of such per€ormance by CTTY. CI1'Y 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 aad at the expense of DEVELOPER, and DEVELOPER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CTTY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances,plants and other property belonging to DEVELOPER as may be on the site of the work and necessazy for perfarmance of the work. (d) Failure of DEVELOPER to comply with the terms of this Agreement shall consdtute consent to the filing by CITY of natice of violation against all proposed improvements in the DEVEL4PMENT, or to rescind the approval or otherwise revert the DEVELOPMENT to acreage.The remedy provided by this subsection (c) is in addition to and not in Iieu of other remedies available to CFCY. DEVELOPER agrees that the choice of remedy or remedies for DEVELQPER's breach shall be in the discretion of CITY. (e) In the event that DEVELOPER fails to perform any obl'eg�tion hereunder, DEVELOPER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to f�s and charges of architects,engineers, attorneys,other professionals, and court costs. �.o�r�ns�bo3ao.� 10 (fl The failure of CTTY to take an enforcement acdon with respect to a default, or to declaze a breach,shall not be construed as a waiver of that default or breach or any subsequent default or breach of DEVELOPER. (10) DEVELOPER Not Agent of CTTY. Neither DEVELOPER nor any of DEVELOPER's agents,contractors or subcontractors are or shali be considered to be agents of CTTY in connecdon with the perforrnance af DEVELOPER'S obligations under this Agreement. (11} Inj� to Work. Until such time as the improvements are accepted by CITY, DEVELOPER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement aze fully completed and accepted by CTTY, DEVELOPER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsib(e for any accident,loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by DEVELOPER. (12) Warrantv. DEVELOPER shall guarantee or warranty the work done pursuant to this Agreement for a period af one year after final formal acceptance of the improvements by the City Council against any defeciive work or labor done or defective materials furnished. If within the warranty period any wark or improvement or part of any work or improvement done, furnished, installed, or constructed by DEVELOPER faels to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, DEVELOPER shali without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. �,��,�,.��.5��.� i� Should DEVELOPER fail ta act promptly or in accordance with this requirement, DEVELOPER hereby authorizes CTTY, att CTTY's option, to perform the work twenty (20) days after mailing written notice of default to DEVELOPER and to DEVELOPER's surety, and agrees to pay the cost of such work by CTTY. Should CITY determ.ine that an urgency requires repairs or repIacements to be made before DEVELOPER can be notified, CTTY may, in its sole discretion,make the necessary repairs or repiacement or perform the necessary work and DEVELOPER shall pay to CIT'Y the cost of such repairs. (13) Environmental Warrantv. Prior to the acceptance of any dedicatiuns or improvecnents by CTTY,DEVELOPER shall certify and warrant that neither the property to be dedicated nor DEVELOPER is in vialation of any environmental law and neither the property to be dedicated nor the DEVEL()PER 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 DEVELOPER nor any third party wiil use, generate, manufacture, produce, or release, on, under, or about the praperty to be dedicated, any hazardaus substance except in compliance with all applicable environmental laws. DEVELOPER has not caused or permitted the reiease 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 lo, or in the vicinity of, the property to be dedicated. DEVELOPER's prior and present use of the praperty to be dedicated has not resulted in the release of any hazardous subslance on lhe properiy to be dedicated. DEVELOPER shall give prompt written notice to CITY at the address set forth herein of: (a) Any proceeding ar inve.stigation by �nny federal, state or locai governmental authority with respect to the presence of any hazardous substance on the property to �9.ov�s�bo3ao-� 12 be dedicated or the migration thereof from or to any other property adjacent to,or in the vicinity of,the property to be dedicated; (b) . Any claims made or threatened by any third party against CTTY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, (c) DEVELOPER's discovery of any accurrence 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 seut under any environmental taw. (14) Other A€�ements. Nothing contained in this Agreement shall prectude CTTY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other developers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CTTY ordinances providing therefore,nor shall anything in this Agreement commit CiTY to any such apportionment. (15) DEVELOPER'S Obli�ation to Warn Public During Construction Until formal �nal acceptance of the improvements, DEVELOPER shail give good and adequate warning to the public of e:ich and every dangerous condition existent in said improvemen�s, and will take ali reasonable actions to protect lhe pubiic from such dangerous condition. (16) Vesting of Ow�ershi� Upon formal final acceptance of the work by CITY and recordation of the Resolution af Acceptance of Public Improvements, owner:ship of the improvements constructed pursuant to this Agreement shail vest in CITY. ��.�nsTbo�ac�.i 1� {17) Final Acce tance of War . 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 alI 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 af defects by CTFY. (1 S) Indemnity/Hald Harmless. CTTY or any a�cer or emgloyee thereof shali not be liable for any injury to persons or property occasioned by reason of the acts or omissions of DEVELOPER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. DEVELOPER further agrees to protect, defend, indemnify and hold harmless CTTY,its officials,boards and commissions,and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising aut of, acts or omissions of DEVELOPER, its agents, emgloyees, 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 acdve negtigence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, iiability, or loss hecause 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 resuiting from the design or construction of said DEVELOPMENT, and the public improvements as provided herein,and in addition, to adjacent property owners as a consequence of the diversion of waterti from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvement,s shall not constitute an assumption by CITY of any re�ponsibility for any damage or taking covered by this Section. CITY shall not be �.arrrx5��a�.i I 4 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 pacticular improvement design was specifically required by CIZ'Y over written objection by DEVELOPER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particulaz improvement design was dangerous or defective and suggested an alternative safe and feasible design. After accegtance of the improvements,the DEVELOPER shall remain obligated to eliminate any defect in design ar dangerous condidon caused by the design or construction defect; however,DEVELOPER shall not be responsible for mutine maintenance. Provisions of this Section shali remain in full force and effect for ten(10)years fallowing the acceptance by CITY of the improvements. It is the intent of this Section that DEVELOPER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence,nonfeasance, misfeasance or malfeasance in approving,reviewing,checking,or inspecting any work or construction.The improvement security shall not be required to cover the provisions of this Section. DEVELOPER shatt reimburse CITY for all costs and expenses(including but not iimited to fees and charges of architects,engineers, attorneys,and other professionals,and court costs) incurred by CTTY in enforcing the provisions of this Section. (19) Personal Nature of DEVELOPER'S Obli ations Ail of DEVELOPER's obligations under this agreement are and shall remain the personal obligations of DEVELOPER notwithstanding a transfer of all or any part of the propercy within the DEVELOPMENT subject to this Agreement, and DEVELOPER shail not be entitled to assign �.t��eo3ao.i 15 its obligations under this Agreement to any transferee of all or any part of the property within the DEVELOPMENT or to any other third party without the express written consent of CITY. (20) Sale or Dis osition of DEVELOPMENT. Seller or other DEVELOPER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities,the DEVELOPER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the DEVELOPER of the obligations under Section (17) far the work or improvement done by DEVELOPER. (21) Time of the Essence. Time is of the essence in the performance of this Agreement. (22) Time for Commencement of Work• Time Extensions DEVELOPER shall commence substantial construction of the improvements required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of constructian or completion of the improvements hereunder may be extended far a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in wridng by the City Engineer. Any such extension may be granted without notice to DEVELOPER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge aS to whether or not good cause has been shown to entitle DEVELOPER to an extension. Delay, other [han delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather,strikes, boycotts or similar political actions which prevents the conducting of work, which DEVELOPER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by DEVELOPER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require DEVELOPER to sx►n�,.�ns��au.� 16 furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase en construction costs as determined by the City Engineer. (23) No Vesting of Rights. Performance by DEVELOPER of this Agreement shall not be construed to vest DEVELOPER's rights with respect to any change in any zoning or building taw or ordinance. (24) otice . Alt notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Secdon.Notice shall be effective an the date it is delivered in person, or, if mailed,on the date af deposit in the United States mail. Notices shall be addressed as follows unless a written change af address is fi2ed with the City: Notice to CTTY: City of Palm Desert 73-510 Fred Waring Drive Patm Desert,Catifornia 92260 Attn: Public Works Director Notice to DEVELOPER: � �„/� � � �/�'J .'y-- 3- Co 1C S /� �8' C'�- 92 2 i Notice to SURETY: �ry, � � i .�. � (25) Compliance With Laws DEVELOPER, its agents, empioyees, contractors and subcontractors shatl compiy with aU federal, state and local laws in the performance of the improvements and land development work required by this Agreement. vm�v.o�.s�ao;au.� 17 (26) Severabilitv. The pmvisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court af competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modi�ed by the mutual consent of the parties. (27) Captions. The captions af this Agreement are for convenience and reference only and shall not define,explain,modify,limit,exemplify,or aid in the interpretation,construction or meaning of any provisions of this Agreement. (28) Liti�ation or Arbitration. In the event that suit or arbitration is bmught to enforce the terms of this Agreement, the prevailing party shall be entitled to Iitigation costs and reasonable attorneys' fees. (29) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (30) Entire A�reement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modif'ications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. (31) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (32) Jurisdiction. Jurisdiction of all disputes over the terms oi'this Agreement shall be in the County of Riverside,State of California. �.o�x�bo�wo.i 18 IN WITNESS WHEREOF,this Agreement is executed by the parties as of the date hereinabove first written;by CITY,by and through its Mayor. CITY OF PALM DESERT DEVELOPERSATTORNEYNAME By ` DEVELOPERATTORNEYN�ME OR .�61V D COI�INI U�� c��j ATTEST Q G�i'u�- �j�J��- G�I- �!� r � J n e f 7: (�Q v� 50�7 C CLERK �'es��7�— APPROVED AS TO FORM: �- . CITY A O YATT�RNEYNAME �.o��eo3ao.i 19 STATE OF CALIFORNIA ) �-- COUNTY OF 4j�yyNG-,�' ) On �,�.�E /�� -�8�6 before me ; , ,�77'I7. GRANaALL ,Notary Public,personally agpeared_ '��qNF�"' T DAv�DsnN who proved to me on the basis of satisf�ctory evidence to be the pecson(3''jwhose name�Fsj isJere subscribed to the within instrument and ackriowledged to me that�telshe/they executed the same in lasfher/tl�ei�- authorized capacity(iys�;and that by 1�sAier/tkeir signature(�on the inst�ument the persou(�s),or the entity upon behalf of which the person�'acted,executed the instivment. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragaph is hve and correct. WITNESS my haud and officiat seal. Signature• �� MA�TT p,CiRA DA�LL~ Comrrdsslon#�t88�071� z Notary Pubiic-Caliiarnia � � Onngs County M Comm.Ex �res Mar 26,2014 r 99999.0999915760340.1 i . . i CITY OF PALM DESERT 73-51Q FRED WARING DHIVE �r~J�� `� PALM DESERT,CALIFORNIA 92260-2578 TEL:(76Q)778-6450 FAX:(780)341-7098 +�t ,. . � ,...,., .. ' g p . _ � �, . Y, � , �.� t �� v� _ . . K�.,.�� . _ ��,��s x. . .�....��,,�.�, � ` PROJECT• _ iRONW000�ifEtOH'f$GATEIiOU��`�� r'1' ��g�°" "�; DA�: h�� ,�%201$ �'f��..,__. . � . � � � ��•� � � (Aj GRADING(25%OF GRADING ESTIMATE) x 25%_ $0.00 '259b of Engineers Grading Estlmate (Bj STREET iMPROVEMElVTS ��,� '100%of Englneers Esbmate ' ' �� BOND TOTAL FOR FAITHFUL PERFORMANCE --� 5,330.00 �� BOND TO AL FOR LABOR AND MATERIAL ��g Q� '��'i�i��'.'c"�As��"o�s . , ..�. . vo (B)PM10-DUST CONTROL DEPOSIT 0�60_ ACRES=�'—'—$52p,pp "$2U00 Per Acre , -- �� REFUNDABLE CASH DEPOSIT AMOUNT DUE -3 520.00 � 3.�PL�AN�'CHEGI��EE�R�," .. _ .� � � ..� �.. � :� �,��&.�..,� .. . . (A)APPLICATION PROCESSING FEE �2�9 00 MASS GRADtNG PLAN CHECK` A ACRES� $p,pp ROUGH GRADING PLAN CHECK' ACRES� $p,pp PRECISE GRADING PLAN CHECK" ACRES= $853,pp HYDROLOGY(PER ACRE) ' A ACRES= $p,pp SWPPPMPDES PLAN CHECK (Y OR N) $0.00 PM 10 PLAN CHECK (Y OR N) $78,pp ADDITIONAL PLAN CHECKS(3 OR MOREj OTAL CHECK $p,pp "Grad�ng Plan Check Fee�s$775 for�rst 3 acres pJus$31 D for each acre over 3 HALF STREET IMPROVEMENTS PlAN CMECK` LF= � $p,pp FULL STREET IMPROVEAAENTS PLAN CHECK" LF= $p,pp STORM DRAIN PLAN CHECK• LF= �p,pp SIGNING AND STRIPiNG PLAN CHECK (Y QR N) �p,pp TRAFFIC SIGNAL PLAN CHECK ' (Y OA N) $p.pp •Street and Storm Drain LF taken from stariing statlon to ending stallon on plan(i00a'min) NON-RESIDENTIAL LANDSCAPE IMPROVEAAENTSlRENOVATlONS PLANCHECK � UP TO 10,000 SF (Y OR N) $632.00 � f0,00i T022,OOU SF (Y OR N) �p,pp ❑ OVER 22,Q00 SF (Y OR N) ,pp HAUL ROUTE WEAR AND TEAR TOTAL PlAN CHECK FEES �,� .� AAINUS ANY PLAN CHECK FEES PAID �� .� �� TOTAL PLAN CHECK FEES DUE �� 710.00 (Continusd on Page 2) 2012 CALC FEES '^ CITY OF PALM DESERT - 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel:780 346-0611 Fax: 760 341-7098 Info�nal rrrdesert,�„aQ BONDS AND FEES SUMMARY PROJECT: iRONWOOD HEIGHTS GATEHOUSE PERMlT FEES DATE: May 1,2013 B D Fa"tthfut Performance . . . . $ 5,330.00 (��' l.abor and Materials . . . . $ 2,665.00 � REF NDABLE CAS DEPOSITS PM10 . . . . , $ � 520.00 � l�� 'EES Grading Permit Processing . . . $ 9.0 Plan Check . . . . . $ 7 .00 Inspection . . . . . $ ,655. Signalization . , , . . N�A Drainage . . . . . N/A Haul Route Wear�Tear . . . . N/A T�TAL FEES $ 3 � ,� � gs� Prepared By: C.CANALES Checked By: CALIFORNIA ALL-PURPOSE ACKNQWLEDGMENT r.�u r.�r:c�;c�.�.,�c.�..cr.,�c.rx.,t!�c.t�cs�:�.��;r.�rr�:r,�ra�c.c:�c�.t��:c�.e�r,��sru�,r:c.�c�.�,nA..cr.�.n.�^,mr:r.rr.c�e�.r�c.m� � � � State of Callfomia � � Riverside � � County of � On .Tune 25, 2013 before me, M. G. Saochez, Natary Public �' b �re i�n��,a Tna a m.o�r personally appeared Jan C. Harnik ---------------��---_------______ : Y'. Nama(a)ol Sl�erts) � � � who proved to me on the basis of satisfactory • evidence to be the person�s} whose name(s) is/anex � subscrihed to the within inst�ument and acknowiedged � to me that fia/she/lhey executed the same in � fi hidher,�heirc authorized capaatY(iesj4 and that bY � �� i�s/her� signature(s) on the instrumerrt the � M.G.SANCHEI �� pr �e enti u � � Commission#�1806339 � tY p�1 behalf of which the � s Notary Pubiic-CatHornia i (��n fs)acted,executed the instrument. t� fi Riverstde County t� fi� M y Comm.Ex pires Oct 29,2o1a+ I c e r t l f y u n d e r P E N A L 7 Y O F P E R J U R Y u n d e r t h e � laws of the State of Califomia that the for e goin g � � paragraph is true and correct. � fi � � WITNESS my hand a iciai seal. � fi � � Slgnature: _ � � �.rmuy ser newe o�N,re,�,we�e t� OPT/ONAL � � Thargh the!nlam►aUo»below fs not requirad by law,if may piove valt�bfe to rsons relyfng on ment t� and courM prevetN fiaud9ulent remove/and reattachment of this ro an�har docum ' . t� � Description of Attached Document Impravement Agreemeat t� � Tdle or Type of Document: Ironwood Master I�intenance Associ2tions � � Document Date: June 19, 20I3 � � Number of Pages: � Signer(s)Other Than Named Above: � fiCapacity(ies)Claimed by Signer(s) � � Signer's Na�: Jan C. Harnik Signer's Name: � � � Corporate Officer—Title(s): [7 Corporate Officer—Tide(s): � � !�] Individual O lndivldual ' '+� � �� Ll Partner—t_1 Limi#ed C]�enerai Top ot Ihumb here [�Partner—LI Llmited ❑Qeneral roP ot�numa nere � O Attomey in Fact (:l Attomey h Fact � � L7 Trustee ❑Trustee � ❑ Guardian or Conservator ❑Guardian w Conservator � � �! Other. _ Mayor L�lOther: � � � Signer is RepresenNng: S'igner Is Representing: � � City of Palm Desert � ,�� 4,sze,L;c, . . . . .^sae.^sr��eaak.��e.�Y.c.�u.�w�w�s��.�,a.�s�xa�cayx,.�+:<.�s,;cx:<.^+ac.^t�.^s�c.�s.,�-�^s:c�+:n.�ac�c.�we,�sc.�>ww-s.�e.r�' o zooe wao�r Naa�y a..oarw�•�r.ore•,-eoo-us No�r�unr p-eoo�e�n nsm�seo�