HomeMy WebLinkAboutRelease Scrty - TM 36554 - Pearwood Ventures LLCr--- JULIE LANE
JERI LANE
ENCORE TRACT 36554
APN: 694300007
House#: 0
JULIE LN
APN: 694300008
House#: 0
ANASTACIA LANE APN: RW
House#:9N
ACADEMY-ENT—AcADEpny LANE E
Circulation Network
City Boundary
City Boundary
Legend
Lks
LIJ
0
0.
cg
1.
PORTOL-A-AVE
APN: 694190079
House#: 0
APN: 694190058
House#: 0
APN: 694190079
House#: 0
APN: RW
House#: 0
COLLEGE DR --GoLLeGE DF"
APN: 694190005
House#: 0
APN: 694190007
House#: 0
APN: 694200003 APN: 694200011
House#: 0 House#: 0
Streets
D Parcels (4/2014)
1:1,980
Notes
CI
CITY OF PALM DESERT
REQUEST
PUBLIC WORKS DEPARTMENT
STAFF REPORT
RELEASE ROUGH GRADING SECURITY FOR TR 36554
(ENCORE)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: Pearwood Ventures, LLC
77682 Country Club Drive, Ste. A-3
Palm Desert, CA 92211
Suretec Insurance Company
Attention: Eric Lowey
151 Kalmus Drive, Ste. A201
Costa Mesa, CA 92626
BOND NUMBER: 4392971
DATE:
CONTENTS
Recommendation
June 12, 2014
Bonds
Agreement
Vicinity Map
By Minute Motion, release rough grading security for TR 36554 (Encore).
Backqround
The subject property is located on Encore and Anastasia Streets between Shepherd
Lane and Portola Avenue. Bonds in the total amount of $84,254.63 were submitted at
the time of permit issuance for rough grading.
Rough grading is complete. Staff recommends that City Council authorize the release of
the faithful perFormance and labor and materials bonds at this time.
Staff Report
Release Rough Grading Security for TR 36554 (Encore)
Page 2 of 2
June 12, 2014
Fiscal Analvsis
There is no fiscal impact associated with this action.
Prepared By:
� - � �'l-k�1(.;�' �,�1
�V
Christina Canales, Assistant Engineer
Depa
Mark Gr�ej�wood, P.E.,
Director of public Works
/
P�il S. Gibson, Director of Finance
p roval: ,
hn M. Wohlmuth, City Manager
CITY COUNCILAC�TION
APPROVED � DF.NiF,D
RCCEIVED OTHER
M�;I:TI�TG DATE 6"� Z-� 3
AY F. S•«So n, a-lti,r r�.��l�- , SD I P�'P.� �6(„_t1aP,rT,�C� n nPy
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AR�F;NT: ��
AI;'�TA1N• �Q
�'l�:i�IF4�;D RY• P�OL�� T1,w`
Ori�in�tl on File with City Clcrk's Oftice
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7i—g 1 O FRIsU WARING URIVC:
Pni.M i)�:tii:e�r, CAI.tI�URNIA �22C�0—Zj7R
re�.: 760 346-06� �
inio � cityofpalmdcscrt.or�
4ctober 24, 2013
Pearwood Ventrues, LLC
77-682 Country Club Drive
Palm Desert, Califomia 92211
Dear Sir or Madam:
Subjeci Gradin�q Onlv Aareement for Tract No. 36554
Enciosed for your records is a fulty execuied c�py of the Grading Only Agreement for
Tract No. 36554. If you have any questions or require additional informa#ion, please do
not hesitate to c�ntact us.
Sincerely,
.�' '_j��,_ .iI �
,,., t� •�..,�,
. �
RDK:mgs
nclosure (as noted)
c:c%nc: Mark Greenwood, P.E., Pupiic Works Director
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GRADING ONLY AGREEMENT
DATE OF AGREEMENT: � G'�p � er � , 20 l3 .
NAMEOFOWNER/DEVELOPER ��4d �leK�-�r�� L-L--C-
(referred to as "GRADER").
PROPERTY (MAP AND PARCEL NO.}: �! No. of Lots: �oZ
(referred to as "PROPERTY").
GRADING PLANS APPROVED ON:
(refemed to as "GRADfNG PLANS").
ESTIMATED TOTAL C�ST OF GRADING:� 5b� 1!� 9• 7�
SURETY:
BOND NOS: L(3 1Z.4�"I
SURETY: �ce+��e.c_. ot_�.� rra.�.ee � �` '�
-OR-
IRREVOCABLE STAND-BY LETTER OF CREDIT NO.
FINANCIAL INSTtTUT10N:
-OR-
CASHJCERTIFICATE OF DEPOSIT, AGREEMENT DATED:
FINANCIAL INSTITUTION:
This Agreement is made and entered into by and between the City of Palm Desert, a
municipal corporatian of the State of Califomia, hereinafter referred to as °C1TY", and the
GRADER.
RECtTA�S
A. In consideration of the approval of the Grading Plans for the PROPERTY by
the City Council, GRADER desires to enter into this Agreement, whereby GRADER
promises to complete, at GRADER's own expense, aN the grading work required by CITY in
connection with the proposed PROPERTY. GRADER has secured this Agreement by
grading security required by the City and approved by tE�e City Attomey.
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B. GRADING PLANS for the grading of the PROPERTY have been prepared by
GRADER and approved by th� City Engineer. The GRADING 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 re#erences in this Agreement to
the GRADING PLANS shail include reference ta any specifications for the improvements
as approved by the City Engineer.
C. An estimate of the cost for grading and performing land developmerrtwork in
connection with the grading according to the GRADING PLANS has been made and has
been approved by the City 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.
�. CITY has adopted standards for the grading of propertywithin the CITY. The
GRADING PLANS have been prepared in con#ormance with CITY standards in effect on
the date of the approval.
E. GRADER recognizes that CITY and adjacent properties may be damaged by
GRADER's failure to pertorm its obiigations to complete approved grading by the time
established in this Agreement. CITY shall be sntitled to ali remedies avaitabie to it
pursuant to this Agreement and law in the event of a default by GRADER.
NOW, THEREFORE, in consideration of the approvai by the City of the GRADING
PLANS, GRADER and CITY agree as follows:
(1) GRADER's Obliqation to Complete Gradinq.
GRADER shali:
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(a) Complete at GRADER's own expense, a!( the grading required by the
Approval in confonnance with approved GRADING PLANS within one year from date of
execution of this Agreement; provided however, that the grading shaii not be deemed to be
completed untit approved by City Engineer as provided in Section 4 herein.
{2) Securitv.
GRADER shall at ali times guarantee GRADER's performance by fumishing to
CITY, and maintaining, good and sufficient security as required by the CITY on forms
approved by CITY for the purposes and in the amounts as follows:
{a) to assure faithfui pertormance of this Agreement in regard to said
grading in an amoun# of 25% of the estimated cost of the grading.
The securities required by this Agreemeni shall be kept on file with the City Clerk.
The terms of the security documents referenced on page 1 of this Agreement are
incorporated into this Agreement by this reference. If any security is replaced by another
approved security, the replacement shall: 9) comply with alf the requi�ements for security in
this Agreement; 2) 6e 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 Ci#y Cterk, the former security may be released.
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(3) Alterations to GRADlNG PLANS.
(a) Any changes, alterations or additions to the GRADING PLANS not
exceeding ten percent (10%j of the original estimated cost of the improvements, which are
mutually agreed upon by CtTY and GRADER, shall not relieve the improvement security
given for fai�hful perFormance of this Agreement. In the event such changes, aiterations, or
additions exceed 10% of the original estimated cost of the improvement, GRADER shall
provide grading security for faithful perFormance as required by Section {3} of this
Agreement for twenty-five percent (25%) of the total estimated cost of the grading as
changed, altered, or amended, minus any completed partiat reteases ailowed by Section
{6} of this Agreemeni.
(b) The GRADER shall compiete the grading in accordance with CITY
standards in effect at the time of approval of GRADING PLANS. ClTY reserves the right to
modify the standards appticable to the PROPERTY and this Agreement, when necessary
to protect the public safety or welfare or comply with applicabls state or federal law or CITY
zoning ordinances. If GRADER requests and is granted an extensian of time for
completian of the grading, ClTY may apply the standards in effect at the time of the
extension.
(4) Inspection. GRADER shall at all times maintain proper facilities and safe
access for inspection of ihe grading by CITY inspe�tors. Upon compietion of the work,
GRADER may request a final inspection by the City Engineer, or the City Engineer's
authorized representative. If #he City Engineer, or the des'sgnated representative,
determines that the work has been campieted in accordance with this Agreement, then the
City Engineer shall certify the compfetion of the grarling. When applicable law requires an
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inspection to be made by City at a particular stage af the grading, CITY shail be given
timely notice of GRADER's readiness for such inspection and GRADER shafl not proceed
with additional work un#ii the inspection has been made and the work approved. GRADER
shall bear all costs of inspection and certification.
(5) Release of Securities. The securities required by this Agreement shail be
released as following:
(a) Security given for faitl�ful performance of any act, obligation, work or
agreement shall be released upon the final completion and approved of the act or work.
tfi) iniury to Public improvements. Public Pronertv or Public Utilities Facilities.
GRADER shaH replace or repair or have replaced or repaired, as the case may be, all
public improvements, public utilities facilities and surveying or property monuments which
are destroyed or damaged as a resutt of any work under this Agreement. GRADER shall
bear the entire cost of repiacement or repairs of any and all public or public utility property
damaged or destroyed by reason of any work done under this Agreement. whether such
property is owned by the United States or any agency thereof, or the State of Califomia, or
any agency or political subdivision thereof, or by CITY or any public or private utility
corporation or by any combination of such owners. Any repair ar repiacement shall be to
the satisfaction, and subject to the approval, of the City Engineer.
(7) Permits. GRADER shall, at GRADER's expense, obtain ali necessary
permits and licenses for the grading, give all necessary notices and pay all fees and taxes
required by law.
(8) Default of GRADER.
(a) Default of GRADER shall include, but not be limited to,
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(1) GRADER's failure to timely commence the grading;
(2) GRADER's failure to timely complete grading;
(3) GRADER's failure to timely cure any defect in the grading;
(4) GRADER's failure to perform substarrtial work for a period of twenty
(20) calendar days after commencement of the work;
(5) GRADER's insolvency, appointment of a receiver, or the filing of
any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge
within thirty (30) days;
(8) the commencement of a forec{osure action against the PROPERTY
or a portion thereof, or any conveyance in fieu or in avoidance of foreciosure; or
Agreement.
(7) GRADER's failure to perform any other obiigation under this
(b) CtTY reserves to itself all remedies available to it at law or in equity for
breach of GRADER's obligations under this Agreement. CtTY shall have the right, subject
to this Section, to draw upon or utilize the appropriate security ta mitigate CITY's damages
in event of default by GRADER. The right of CITY to draw upon or utitize #he security is
additional to and not in lieu of any other remedy available to CITY. I# is spec�cally
recognized that the estimated costs and security amounts may not reflect the actual cost of
grading and, therefore, CITY's damages for GRADER's default shall be measured by the
cost of completing the required grading. The sums provided by the security may be used
by CITY for the comptetion of the grading in accordance with the GRADING PLANS
contained herein.
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!n the event of GRADER's default under this Agreement, GRADER authorizes CITY
to perForm such obligation finrenty (20) days after maifing written notice of default to
GRADER and to GRADER's surety, and agrees to pay the entire cost of such
performance by CITY.
CITY may take over the work and pros�cute the same to comp(etion, by contract or
by any other method CITY may deem advisable, for the account and at the expense of
GRADER, and GRADER's surety shaif be liable to CITY for any excess cost or damages
occasioned CITY thereby. In such event, CITY, without liability for so doing, may take
possession of, and utilize in completing the work, such materiais, app(iances, plants and
other property belonging to GRADER as may be on the site of the work and necessary for
performance of the work.
(c) Failure of GRADER to comply with the terms of this Agreement shaif
constitute consent to the �ling by CtTY of nofrce of violation against the PROPERTY. The
remedy provided by this subsection (c) is in addition to and not in lieu of o#her remedies
availabie to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's
breach shall be in the discretion of C{TY.
(d) In the event that GRADER fails to perform any obligation hereunder,
GRADER agrees to pay all costs and expenses incuRed by CITY in securing perFormance
of such obligations, inciuding but not limited to fees and charges of engineers, attomeys,
other professionals, and court costs.
(e) The failure of CITY to take an enforcement action with respect to a
defauft, or to declare a breach, shall not be construed as a waiver of that default or breach
or any subsequent default or breach of GRADER.
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(9) GRADER Not Aaent of CITY. Neither GRADER nor any of GRADER's
agents, contractors or subcontractors are or shali be considered to be agents of CITY in
connection with the perFormance of GRADER'S obligations under this Agreement.
(10) Indemnitv/Hold Harmiess. CITY or any offlcer or employee thereof shail not
be liable for any injury to persons or property occasioned by reason of the acts or
omissions of GRADER, �s agents, or emplayees, contractors and subcontractors in the
performance of this Agreement. GRADER further agrees to protect, defend, indernnify and
hold harmless CiTY, its officiais, boards and commissians, and members thereof, agents
and employees from any and ail claims, demands, causes of action, liabiliiy or toss of any
sort, because of, or arising out of, acts or omissions of GRADER, its agents, emptoyees,
contractors and subcontractors in the perFormance of this Agreement, except for such
ctaims, demands, causes of aciion, iiabi(ity, or loss arising out of the sole active negligence
af the C[TY, its officiais, boards, commissions, the members thereof, agents, and
emptoyees, inciuding all claims, demands, causes of actEon, 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 ta injuries to persons and
damages or taking of property resulting from the gradin� of the PROPERTY, and in
addition, to adjacent property owners. Approval by CITY of the grading shali not constitute
an assumption by CITY of any responsibility for any damage or taking covered by this
Section. CITY shali not be responsible for the performance of grading, regardless of any
negligent action or inaction taken by CITY in approving the plans, unless the particular
design was specificaity required by CiTY over written objectian by GRADER submitted to
the City Engineer before approval of the particular grading design, which objection
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indicated that the particular grading design was dangerous or defective and suggested an
altemative safe and feasible design.
GRADER shall reimburse CITYforall 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.
(11) Personal Nature of GRADER'S Obliaations. All of GRADER's obligations
under this agreement are and shall remain the personal obligations of GRADER
notwithstanding a transfer of all or any part of the property subject to this Agreement, and
GRA�ER shall not be enti�ed to assign its obiigations under this Agreement to any
transferee of al( or any part of the property within the PROPERTY or to any other third
party without the express written consent of CITY.
(12) Sale or Disaosition of PROPERTY. GRADER may request a novation of this
Agreement and a substitution of security. Upon approval of the novation and substitution
of securities, the GRADER may request a release or reduction of the securities required by
this Agreement. Nothing in ihe novation shall relieve the GRADER of the obligations under
Section (18) for the work or improvement done by GRADER.
(13) Time of the Essence. Time is of the essence in the perFormance of this
Agreement.
(14) Time for Commencement o# Work: Time Extensions. GRADER shall
commence substantiai grading required by this Agreement not fater 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 grading hereunder may be e�ctended for a period
or periods not exceeding a total of two (2) additionai years. The extension shafl be
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executed in writing by the C+ty Engineer. Any such extension may be granted without
notice to GRADER's surety and shall not affeci the validit�r of this Agreemerrt or release the
surety or sureties on any security given for this Agreement. The City Engineer shall be the
sole and final judge as ta whether or not good cause has been shown to entitle GRADER
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 GRADER couid not have
reasonably foreseen and, furthermore, were nat caused by or contnbuted to by GRADER,
shail constitute good cause for and extension of the time for comptetion. As a condition of
such extension, the City Engineer may require GRADER 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.
(15) No Vestin4 of Riqhts. Performance by GRADER of this Agreement shalt not
be construed to vest GRADER's rights with respect to any change in any zoning or building
!aw or ordinance.
(16) Notices. A!1 natices required ar provided for under this Agreement shal! 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;
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Notice to CITY:
City of Paim Desert
73-590 Fred Waring Drive
Palm Desert, Califomia 92260
Attn: Public Works Director
Notice to GRADER: �8c�wvc� �%n�Vre� Lt,�.
� �.�"S
�l,�(w�.2 r ���-c�� . .
I�.1+,�..�.� '_ �i
Notice to suRETY: Sw�c..� 1�,�¢
c10 �r1.� j Ci'ih
� � x��s�� k ��� t
C`ii �62 6
�,�e�..: ��� t-�a,�.�
(17) Compliance With Laws. GRADER, its agents, employees, contractors and
subcontractors shall comply with ali federal, state and loca! laws in the performance of the
grading required by this Agreement.
(18) Severabiiitv. The provisions of this Agreement are severabte. If any portion
of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the
agreement shal! remain in fuli force and effect unless amended or modified by the mutual
consent of the parties.
(19) Caations. 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 of this Agreement.
(20) Litiaation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms o# fhis Agreement, the prevailing party shal) be entitled to titigation costs
and reasonable attomeys' fees.
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(21) Incorooration of Recitals. The recitals to this Agreement are hereby
incocporated into in the terms of this Agreement.
(22) Entire Apreement. 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.
(23) tnternretation. This Agreement shall be interpreted in accordance with the
laws of the State of Califomia.
(24) Jurisdiction. Jurisdiction of alt disputes over the terms of this Agreement
shall be in the County of Riverside, State of Califomia.
IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove �rst written; by CITY, by and through its Mayor.
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.
. ,��i��`'
G RA R 1lii�..•. Sl+aov�1 C.1res.�.,r+
� �'S ` • �"torro�.,�'
GRADER
(Proper Notarization of
GRAQER's signature is
required and shall be attached)
CITY OF PALM DESERT
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ATfEST:
���� �i. /'� '�i
�� �.!
APPROVE AS TO FORM:
s /' f .�
C{TY ATE` NEY
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CALIFOBNIA AL4PURPOSE ACKNOWLEDAi MENT
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Commisslon A� 1960936
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IiA� Comm. Ex9ires Dec 16. 2015 �
who provsd � on the b3s� of eatlsta�r euldence to
be ihe ���wtwse ne��re��a�a�ed io the
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Mmtrurtiert the pecs� �or the eMity up� behelf of
which the person�acted eooecuted the tnstrurt�eM.
I certily urtc�r PENALTY OF PERJUAY under the iaws
of the State af CslNornla tl�at the fore8�9 P�9�Ph is
true end txirrect.
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WITNESS my I,�id � se�t� � -.._. �
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7na,gn ohe brhum.rron bda. m rror raq�disd br wrs u merarore �ieying on 6Ire documenr
and ew�dPre►ant /raudtderK romural and reeMadunrrit of tlds Aotm to en�frer doaana�L
Description of Atted�ed DoaumeM
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Capacity{Ies) Claimed by Signer(s)
Slgnera Nama:
❑ Indlvidual
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O Partner — � Umited 0 Genecal
O Attorney in Fact
❑ 1lruatee
p Ouardlan or Canservator
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Signer la Representlng:
Signe► is RepresenUn��•
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CALtFORN1A ALL-PURPOSE ACKNOWLEDGMENT
�
State of Califomia
COunty of Riverside
On OctobPr 21, 2013 before me,
Date
M. G. Sanchez, Notary Public
Here tr�sert Neme end lnue o� me omcer
personally appeared Jan C. Harnik -----------------------------------
Nemats) a Sipner(s)
�. �,. gpNCHEZ
Commis$��n # 1906339 Z
� � Notary Pubilc - Galifornia D
Aiversld es Oct 29. 2�� 4'�
� M1' Comm. Exp'
who proved to me on the basis of satisfactory
evidence ta be the pers�on(�) whose name(s) is/aa�x
subscr�bed to the within instrumerrt and acknowledged
to me that ioelshef.6�+ executed the same in
t�/her�beiac authorized capacity(res�, and that by
laos/herd#I�x signature(s) on the instrument the
person(sj, or the entity upan behalf of which the
person(�) acted, executed the inslrument.
I certiiy under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand
�%l
Signature: / �
P� � �� � OPTIONAL � � �
Though the infamation be/ow is rwt requlred by law, i� may pro+re valuable to p�
and coutd prevern fraudulent removal and reattachment of this form-t
pescrtpt[on ot Attached Document 1'earwond vpnturPG, T�F C
Title or Type of Document Gradin� Only AgrPemPnt TR36S54
DocumentDate: (1ct�bar 4, 2013
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer(sj
Signers Name: Jan C. Harnik
Ll Co�orate Officer -- Title(s):
I_1 Individual �,y��
I I Partner — f 1 Limited U General T�um�
D Ariomey in Fact
(`l 7rusfee
U Guardian or Conservator
� Other. Mavor
Signer Is Representing:
Citv o£ Palm Desert
Is Representing:
S�al.
1 `!,(.: �-���" r_ � '
�„re a
ons relyi on the ocument
another umen
Number of Pages:
Signer' Name:
f-1 Corpo te Officer — Title(s):
O Individua
❑ Parfier — imited f 1 General r� i in�
L! Attomey in F
!�i Trustee
❑ Guardian or
[� Other.
O 2009 t�tbrpl Notary A�sadeNon • NattonafNatery.arg • 7-800-US NOTARY (t-B00-876•BBZ7) �' �+�
CITY OF PALM DESERT
STANDARD FORM
FAITHFUL PERFORMANCE BOND
NAME OF DEVELOPMENT• Subdivide 10 Acres into 32 single-family Residenbal Lots; Tract #36554
NAME OF DEVELOPER:
NAME OF SURETY:
EFFECTIVE DATE:
Pearwoad Ventures, LLC
SureTec Insurance Company
September 3Q, 2013
AMOUNT OF BOND: $56,169.75
BOND NUMBER:
PREMIUM:
$1,404.00
4392971
KNOW 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 PRINClPAL, 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 Titie 6 of the United States
Code to do business under Se�tions 6 to 13 thereof, in the aggregate amounts
hereof, hereinafter refe�red to as SURETY, are jointly and severally held and
firmly baund 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 6
above, for the faithful perFormance of that certain IMPROVEMENT AGREEMENT
between PRtNCIPAL and CtTY regarding the subdivision named on Line 1
above, as required by the provisions of the Subdivision Map Act and CITY
ordinances, resolufions, rutes, and cegulations, for the payment af which sums
well and truly to be made, PRINCIPAL and SURETY hereby hind themselves,
their heirs, administrators, executors, successors and assigns, jointly and
seve�ally, firmly by these presents.
THE CONDfTION of the foregoing obligation is such that if the said
PRINCIPAL sha11 faithfuily perform the covenants, conditions, and agreements
contained in that certain IMPROVEMENT AGREEMENT between PRiNCIPA�
and CITY regarding the deveiopment named on Line 1 of Page 1 hereof, which
said agreement is by this reference incorporated herein, on its part to be kept
a�d performed, in a manner and form therein specified, and sha{{ furnish material
in compliance with the speafications and perform all that certain work and
improvement in said ClTY which is more particula�ly described in said
IMPROVEMENT AGREEMENT, then the obliga�on with respect to the faithiut
perfarmance of said IMPROVEMENT AGREEMENT shatl be void, otherwise to
remain in full force and effect.
The said SURETY, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the
specifications accampanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, e�ctension of time,
alteration or addition to the terms of the IMPR�VEMENT AGREEMENT, the
work, the specifications or any feature or item of performance thereunder. In #he
event it becomes necessary for CtTY to bring an action to enforce this bond,
SURETY shall pay CITY'S reasonabte 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.
i��wpdd v� res �.Lc_
.
PRIN � AL'S SIGNATURE
s�-� e h��,
PRINT NAME
i LG Q►�/ ��°�C+�u•� 'EP.�t.►�12'�3 �'G-'
TRLE �M�ANY NAME
PRINCIPAL'S SIGNATURE
PRINT NAME
TlTLE � COMPANY NAME
SureTec insurance Company
SURETY'S �b(3�174S�jt1�X NAME
�•� �'
5UR 'S SIGNATURE
Stephanie oang, Attomey-in-Fact
(Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must
be attached.
� ' • � � 1 f
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State of Cal'rfomia
County of Orange
On — ���--LL-� 3
�
personaily appeared
before me,
�. m.. � � s. �. r... �.,e,, �,
�. BARBARA COPELAND
Cammission # 2016348
� ��+�.'. Notary Public - CaiifotNa Z
Orange Counry D
� My Comm. Exptres Apr 19. 2017�
� � �� � � w� � r u �n .i ,�,,,��n�.,�,,
Barbaza Copeland, Notary Public
r+e�. M..n ni.m. �a,m� a m. omc..
Stephanie Hoang
Neme{s) 01 Slpner(s)
who prav�ed ta me on the basis of satistactory e�ridence to
be the person(s) whose name(s) isJare sub�ed to the
within instrument and acknowledged to me that
helshe/they executed the same in hisJher/their authorized
capaciiy('�es}, and ihat by hislhedlheir signaWre(s) on the
�nsh'umerrt the person(s), or the enfity upon behalf of
which the persan(s) acted, executed the instnxnent.
t cert'rfy ur►der PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNEBS my han4�� icial seat.
� � � � S�gnatnrP
�a �� ��
� OPTIONAL
n�ougl, u�e in/ormation he/ow is not .equirea 6y laM: it may prove ►�lua6re ro persN«,s rerying on the doa,ment
and could prevent lrau�lent removet and realfachment of �his lorm to arrother document.
DescHption of Attached Document
Title or Type of Document:
Dxument Date:
S{gne�(s) Other Than Named Abave:
Capacity(ies) C�aimed by Signer(s)
Signer's Name: Stephanie Hoang
CI Indivtdual
f7 Corporate Officer --71t1e(s):
C7 Partner — U Limited ❑ Generat
C� Attomey in Fad �
❑ Trustee TOp � U""""�' ^8`e
❑ Guardian or Conservetor
L7 Other:
Signer Is Representing:
Number o! Pages:
Signer's Name:
O lndividuai
U Corporate Officer — TiUe(s):
f� Partner —f� Limited 0 General
IJ Attomey in Fact
(� Trustee
("J Guardian or Conservator
0 Other:
Signer Is Represertting:
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POA q: 510006
SureTec Insurance Company
LIlVIITED POWER OF ATTORNEY
gieow AU Men 6y These Presents, T1�at SURETEC INSURANCE COMPANY (the "Company"), a corporarion duly organized and
exiscing under the laws of the Siate of Texas, and having its principal office in Houston, Harris County, Texas, does by these prescros
make, constitute and appo3nt
Eric Lowey, Mark Richardson, 5tephanie Hoang, Shawn Blume
its tive and lawful Attomey-in-fact, with full power and suthority hereby conferred in its name, place aad stead, to execute, ac�owledge
and deliver aay and all bonds, recogaizsnces, undertaldngs or other inshvments or contracts uf siuetyship to inctuda waivers to the
conditions of conhacts and consents of surety for.
Five M�ffon and DON00 Odlars ($5,000,000.00)
and to hind the Campany therelry as fully and to the same axtent as if such bond were signed by the President, sealed with the corporate
seal of the Compeny end duly at�sted by its Secsetary, hereby ratifymg and confirming a11 that the said Attomey-im-Fact may do in ttie
premises. Said� appoia�ent shall continae in force until �ora�rzots and is msde under and by suthority of the following
resolurions of the Board of Directors of t�e SureTec Insiu�ance Compan}+:
Be it Resolved, that the President, emy Vice-President, any Assistant Vice-President, any Secretary or any Assisteat Sw�etar�+ shall be and is
hcrcby vested with full powex and autharity to appoim eny one or more suitsble persons as Attomey(s}m-Fact to represent end ect for and on
behatf of the Company subjcct to the following provisions:
,4ttw,uy-in-Fact may be giv� ful! power and suthoriry far and in the name of and of behalf of the Company, to aceeute, acknowledge and
de[iver, any and sU bonds, reco�iraaces, contracts, agreements or indemnity and other conditianal or obligatory uadertaltings and any and all
notices end documents caaaling or be�minating the Company's liabilety thereunder, and any such tnstrumenb so executed by any such
Attomey-in-Fact shatl be binding upon the Campany as if signed by the President end sealed end effected by the Corporate 5eaetazy.
Be 1t Resolved thet the signahue of any authoriud officer end seal of the Campany horewfore or henafter affixtd to any power of ettomey or
eny artiScate relating thereto by facsimile, and any power of attomey or artificate bearing facsimile signature or facsimile seal shall be valid
�d binding upon the Company with respect ta any bond or �nderCaking to which it is attec�cd. (Adopted at a meeting held on 1(�'' ofAprtl,
1999.)
In Witness W.�rerroj, SURETEC IIVSURANCE C�MPANY has caused these presents to be signed by its President, and its corporate seaI
to be heicm a,'iixed this' Ist day of March, A.D. 2013. .
SURETEC INSURANCE COMPANY
S�RANC� � ��
�?,.• X `°,. t+o B - `c�
�, q � y.
a� y� John lfdoz Jr:�resident
Stcte of T�.s: �.:: �,�, 1 �c r
Coasty of Hazr s `......"'
�
On this ?.lst ciay of l��arch, All. 2013 before me personatly came ]ohn Knax Jr., to me known, who, being by me duly swom, did depose and say, that he
resides in F:ouston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and wtri� exacuted the above
instrument; that he lmows We seai of said Caanpany; that the seal affuced to said insdvment is such coiporete seal; that it was so a�xed by order of the
Board of Directors of said Compaay, end Yhat he signed his name thercto by like order.
. JACOUEIYN MALDONADO
Natary PuhGc
Stata ot Taxas
'�a My Canm. ExP.5ft8/?AtT
Jacq elyn Maidonado, Notary Public
My commission e�ires May l8, 2017
I, M. Bnnt Beaty, Assistant 5ecretary of SURETEC INSURANCE COMPANY, do hereby certify tltat the above end foregoing is a true and correct copy
of a Power of Attomey, executed by said Company, whicb is still in full force end effect; and furthesmor�, ihe resolutions of the Board of D'uectors, se1
out in tbe Power of Attomey ere in full forcx and e$ect
Given under my hand and the seal of said Company at Houston, Texas this �� day of 2�� 3, A.D.
Bre t Beaty, Assistsat ecretary
Any instnnnent issued tn excess of the penalty stated above is toWily void and without any validfty.
For veriflcatlon of the authorlty ot thia power you may caU (T13) 812-0800 arry business day between 8:00 am and 5:OD pm CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGIWENT
CML CODi ; 118s
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# Stata of California
: i
= County of � e,i C_� �� �
� On �� ; � � fore me, ,
� owt i � ►t� mepn N� �,e sa�s ot �,e
; personally appeared 1��� f ��� ��¢�!
Name(e) ot Sipnor(s)
J
�
a r
i
�
; who proved ta me on the basis of satisfactory
� evidence to be the perso�whose name(�is/�
� subscribed to the within ins meni and acknowledged
�� to me that he/sbel�e�r executed the same in
� SAMANTyA g�F�� his/t�e�their auttwrized capacity� and that by
; ��$��on +I� 1960936 his�ltier#�eiF signature� on the mstrument the
# N°t�ry' Pubfic - Ctlltornia
� Rtreraide Counry i I��n� or the enUfy upon behalf of whicfi the
# �h' ��mm• E�I�es Dec �g, �Q15� person�acted, executed the instrument.
� -
�
� I certify under QENALTY OF PERJURY under the
� laws of the State oi Cafifomia that the ioregoing
,�, paragraph is #rue and correct.
WtTNESS my hand and official seal.
Signature:
Place Not6ry Seal Above � NotarY Publk
OPTfONAL ..�_-
7
Though the informaSon below is rtot required by law, it may prove valuaWe to persons relying on the document
and could prevent /raudulent remova! and reattachment af this form fo anather document.
Description of Attached Document
Title o� Type of Document:
Document Date:
�
�
�
�
�
i
w
�
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
(� Corporate Officer — Title(s):
t I Individual
�� Partner —( i Limited U General ro�r,um�
U Attomey in Fact
�l Trustee
t 1 Guardian or Conservator
!=1 Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
I� Corporate Otficer — Title(s):
�I Individual �
L� Partner — U Limited LI Ge�teral rop or in� ne.e
l 1 Atiorney in Fact
U Trustee
Cl Guardian or Conservator
Ll Other:
Signer Is Representing:
9 2010 Natbnat Pldary As�ocialion • NalronalUldsry.or9 • t�800•US NOTARY (1 �800-8T8-5627►
a�„ eseoT
CITY OF PALM DESERT
STANDARD FORM
PAYMENT BOND
(LABOR 8 MATERIALS)
NAME OF PROJECT' Subdivide 10 Acres into 32 singie-family Residentiat lots; Tract #3B554
NAME OF DEVELOPER: Pearwood Ventures, LLC
NAME OF SURETY' SureTec lnsurance Company
EFFECTIVE DATE• September 30, 2013 .
AMOUNT OF BOND: $28����8�
BOND NUMBER: 4392971
PREMIUAA: $�.aoa.00
0
KNOW 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 PRINCIPAL; and the
corporatian named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the State of CaEifornia and presently possessed of authority under
Title 6 of the United States Code to do business under Sectian 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 IMPROVEMENT
AGREEMENT hereinafter mentioned and a11 persons, companies or corporations
0
�
0
�
renting or hiring teams ar implements, ar machinery, for contributing to said work
to be done, alt persons who performed work or labor upon the same, and all
persons who supply boih work and materials, and whose claim has not been paid
by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for
the payment whereof, well and truty to be made, said PR1NCiPAL and SURETY
bind themselves, their heirs, administrators, successors and assigns, join#iy and
severally, firmly by these presents.
THE CONDlTION OF THE 4BL{GATfON is such that whereas the above-
bounden PRlNCIPAL has en#ered into an IMPROVEMENT AGREEMENT with
the City of Palm Desert, a municipal corpora�on of the State of Califomia,
hereinafter referred to as CITY, for ihe construction of public improvements in the
project named on Line 9 of Page 1 hereof, which said IMPR�VEMENT
AGREEMENT is by this reference incorporated herein:
NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor,
person, company or corparation, 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 iabor done thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such worlc for tabor, SURE7Y on
this bond will pay the same, in an amount not exceeding the sum specified in this
bond, and atso, 'sn case suit is brought on this bond, a reasonable attorney's fee
which shall be awarded by the court ta the prevailing party in said suit, said
�
attorney's fee ta be taxed as costs in said suit and to be included in the judgment
therein rendered.
This bond is executed and filed to comply with the provisions of all
applicable CITY ordinances, resolut�ons, rules and regulations supplementa!
thereto; and all amendments thereto; and shall inure to the benefit of any and all
materialmen, persons, companies or corporations entitled to flle cfaims under
and by virtue of the provisions thereof.
IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this
instrument the date mentioned on Line 4 of Page 'I hereof.
1�ecar�oad � L�-�-
,
PRINCIPAL'S StGNATURE PRINCI AL'S S� NATU E
S � C,�l�,
PRINT NAME PRlNT NAME
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TITLE � COMPANY NAME TITLE 8� L"O ANY NAME
SureTec Insurance Company
SURETY'S ���X NAME
SURET S S TURE Stephanie Hoang, Attomey-in-fact
(Notarial acknowledgement of execution by ALL PRINCIPALS an must be attached.)
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
.- •• . �
.�„?. .".e�ci _�+,�:_:.._ :�-�+, _�;: '+;'..:�Loi..:aN_a<:nr :�S_�s��r, _o;_a,'`''L�"'+,. _� oa .v� .v, _�'l."1�<_ns_n:..� . ,M. ,.h. n _�a
State of Catifomia
Cour�ty of �ge
on �} � 3��13
-' �
persanatly appeared
�BAR8ARl4 COPEf.AND
Commission # 2016348
Z .,, Notary Pub4k - Calttota[a �
� Orange County
My Gomm. Expires Apr 19. 2017 �
ti �
before me,
Barbara Copeland, Notary Public
rm. ��s.r► ror�a ana naa a na orea.
Stcphanie Hoang
Name(s) W Sipnerta)
who proved to me on it�e basis of sadsfactory evidence to
be the person(sj wh�se name(s) is/ase subscribed to the
wfthin instrument and acknawledged to me that
he/shelthey e�cecuted the same in hislher/tl�ir authorized
capacity{ies), and that by his/her/t�eir signature(s) on the
instr►mne� the person(sj, or the entity upun behalf of
which the psrson(s) acted, exectded the instrument.
! certify under PENALTY OF PERJURY under the laws
of the State of Califarnia that the foregoing paragraph is
true and carrect.
WITNESS rr���nd official seal.
SignaturP _ �
Pl�s Nolery Sau A6o�a SI Ndary Pubfic
OPTIONAL
Thotrgh the irrJbrmetiat below is not requved by law, it may prove va/uaWe to persans relyirrg on the document
and couJd prer+ent frauduient rertwval and reapachmerN oi this form to another document.
Description of Atiached Document
'i"�tle or Type of Document:
Document Date:
S{gner(s) Other Than Named Above:
Capscity(ies) Ciaimed by Signer{s)
Signer's fVame: St�phan'se Hoang
O {nd(vkival
D Corporate Oflicer — TiUe(sj:
O Partner — L:l Limited ❑ General �.
C� Attorney in Fact
❑ TfUSt@8 Top W thwMf here
Ia Guardian or Consecvator
O Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
I ] Vndividual
U Corporate OHicer — Titie(s�:
f I Partner —(� Limited L7 General
U Attomey in Fact
�l Trustee
1 { Guard'isn ar Conservator
, I Other:
Signer Is Representing:
Top ot lhutnb here
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CALIFORNIA ALL-PURPOSE ACKN�NtLEDGMENT
cnu. r.�o� � „as
State of California
� r'"
County of � f'�`�`..=�' � �f'��:�
On • efore me, L�'"T�� ��!Ci�l�}�"� s(v��
' � Flere trreert Na e arW lille of tl�e O eMl r
�j 1 *q ....___-_..._...._......___...._..-- -_ _'____ ..
personatly appeared �����ST 11'`� �1 �e1V 8�
r . _ _ ��_ _�_��.�_�
SAMANTHA SCHWENCK
� Corta�dssion # 1960936
4 d Notary Public - Capfornia �
'�� � Riverside Gounty -
i►�t Camm. Expires D� t6. 2015 �
who proved to me on the basis of satisf ctory
evidence to be tl�e person(�whose name�is/�
subscribed to the within insiFument and acknowledged
to me that he/she�ey—executed the same in
hislber�heir- authorized capacity(i� and that by
hislhe�eir signature on the instrument the
person�; or the ent upon behatf of which the
person(�'acted, executed the instrument.
I certify under PENALTY 4F PERJUFiY under the
laws af the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and officiai seai.
C...___ '„c-.. .;� - �
--,�.- " �,,
Signature: , ,�r
Place NMaY Se� Above i Sigl%que of Pudx
OPT►ONAL ` �_._
Though the infor►»ation below is not required by law, it may prove valueble to persons relying on the decument
and could prevent fraudulent remova/ artd reattachment o/ this fam to anoMer decument.
Description of Attached Document
T�tle or Type of Document:
Document Date: Number of Pages: _______.__________.
Signer(s) Other Than Named Above: �____ __,
Capacity(fes) Claimed by Signer(s)
Signer's Name:
I I Gorporate Officer -- Title(s):
i I Individual • • • -
l I Partner — I 1 Limited ! i General To� of ��
I I Attorney in Fact
L.I Trusiee
CI Guardian or Conservator
Cl Other.
Signer Is Flepresenting:
Signer's Name: _.
I_I Cor�rate Officer — Titte(s): �__`.--.-�.---
f f Individual �,
!=1 Partner — f Limited General T�, �� ��K,,,�
i_I Attomey in Fact
��' Trustee
I "I Guardisn or Conservator
1 I Other. _
Signer Is Representing:
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C D N S t! L T 1 N[3 ;�oa�a,�ea ta�s+v�u*� wo No.:
date:
p51002PHt 08-15-13 Band EsUmalea�ds
DESCRIPTION
GRADING ESTIMATE
ROUGH GRADING - CUT
ROUGH GRADING - FILL
Total
SUS-TOTAL
10% CONTINCaENCY
TOTAI
COST PER LOT
Preliminary Cost Estimate for Bond Purposes
Tract No. 36554
PEARWOOD VENTURES. LLC
130301 Caicd: JR ` Pa!�e: 1
09-19-73 I Chk'd: MH 1 O(: 1
4UANTITY UNIT COST
t8,621 L.S.
5,538 L.S.
32 IOTS
PubNc UtNtdes Bortd Estfinete Does nat include some items not reiated to street and uditty p{acement.
Does not include 8onds, GVWO Paes, Govemmental Agency Fees.
Does not include 6fock WaNs and landscaping
57.75
57.75
�pces �
o -- - �t'
/��q��: L �' ti���
� � No.55606
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1303Q1 GRAD EST
�,
SU870TA!
St44,312.75
542,919.50
5187.232.25
5187,232.25
�'18.723.23
S�'15,955.48
§6,436.11
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