HomeMy WebLinkAboutRelease Scrty - PM 36137 - P.Moeller -�R_....K:>�:_3-._....._�,..� ..,,-��.�.
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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:
C�i�� � ;�' �'c��--�
Christina Canales, Assistant Engineer Mark G nwood, P.E.,
Director o Public Works
CITY COUNCIL��cC�TI4N
APPROVED 'DENIEI�
�/ �� RECEIVED OTHER
Paul S. ib n, Director of Finance MEET G DA " a ` �
AYES �r� � CC/9/'lPl�
NOES:
Ap roval: ABSENT:
ABSTAIN:
VERIFIED BY:
Original on File with City C k's Office
Jo n M. Wohlmuth, City Manager
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SUBD{VISION IMPROVEI�AENT AGREEMENT
DATE OE AGREEMENT: January 12 � 2012
NAME OF SUBDIVIDER: poul Mo21er
(referred to as "SUBDIVIDER").
NAME OF SUBDIVISION: Parcel Map 3613? No. of Lots: 3
(referred to as "SUBDIVISION").
TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 08-367 (TM No:3613'I?
(referred to as "Resolution of Approval")
1MPROVEMENT PLANS APPROVED ON:
(referred to as"Improvement Plans").
ESTIMATED TOTAL COST OF IMPROVEMENTS:$35,o�o,o0
ESTIMATED TOTAL COST OF MONUMENTATION: 0
SURETY:
BOND NOS: �z 9 5 o s s
Sl1RE1Y: Indemnity Company of Californis
-OR-
IRREVOCABLE STAND-BY LETTER OF CREDIT NO.
FINANCIAL INSTITUTION:
-OR-
CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED:
FINANCIAL INSTITUTION:
This Agreement is made and entered irrto by and between the City of Paim Desert, a
municipal corporation of the State of Califomia, hereinafter referred to as°CITY", and the
SUBDIVIDER.
RECtTALS
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A. SUBDIVtDER has presented to CiTY for approval and recordation, a final
subdivision map o#a proposed SUBDIVtSlON pursuant to provisions of the Subdivision
Map Act of the State of Califomia and the CITY's ordinances and regulations relating to the
filing, approvai and recordation of subdivision maps. The Subdivision Map Act and the
CITY's ordinances and reguiations relating to the filing, approval and recordation of
subd'msion maps are collectivety refeRed to in this Agreement as the"Subdivisian Laws".
B. A tentative map of the SUBDIVISION has been approved, subject to ti�e
Subdivision Laws and to the requirements and condfions 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 referenoe.
C. The Subdivision Laws establish as a condition preoedent to the approval of a
final map that SUBDIVIDER must have comptied with the Resolution of Approval and must
have eithet(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 v+rithin a perial of time specified by CITY.
D. tn consideration of the approval of a�inal map for the SUBDIVISION by the
City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDtVlDER
promises to install and complete, at SUBDtVIDER's awn expense, all the public
improvement work required by CITY in connection with the proposed SUBDIVISION.
SUBDIVIDER has securBd this Agreement by improvement security required by the
Subdivision Laws and approved by the City Attorney.
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E. Complete tmprovement Plans for the construction, installation, and
completion 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 file in the Office of the City Engineer and are incorporated into this
Agreement by this reference. All references in this Agreement to the Improvement Plans
sha!!include reference to any speciflcations for the improvements as approved by the City
Engineer.
F. An estimate of the cost for construction of the public improvements and
performing land development work in connection with the improvements according to the
fmprovement Pians has been made and has been approved by the City Enginee�. 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. C{TY 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 public improvement monuments,street signs,and stakes as specified on
the final map are to be completed prior to final formal acceptance by the City Council.
Individuat property monuments must be installed within one year from the formal finaf
Council acceptance of said SUBDIVISION.
1. SUBDIVIDER recognizes that by approval of the final map for SUBDtVISION,
CITY has conferred substantial rights upon SUBDNIDER, including the right ta se[I,lease,
or finance lots within the SUBDIVIStON. As a resutt, CITY will be damaged to the exter�t of
the cost of instaliation of the improvements by SUBDIVIDER's failure to perform its
obligations to commence construction of the improvements by the time established in this
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Agreement. CITY shall be entitled to all remedies available to it pursuant to this
Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized
that the determination of whether a reversion to acreage or resassion of the SUBDIVISION
constitutes an adequate remedy for defauit by the SUBDIVIDER shall be within the sole
discretion of CtTY.
NOW, THEREFORE, in consideration of the approval and recordation by the City
Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as foUows:
(1) SUBDIVIDER's Obiiqation to Construct improvements.
SUBDIVIDER shail:
(a) Comply with all the requirements af the Resolution of Approvaf� and
any amendments thereto, and with the provisions of the Subd�vision Laws.
(b) Comp{ete at SUBD1ViDER's own expense,aif the public improvement
work required by the Resolution of Approval in conformance with approved Improvement
Pians within one year from date of execution af this Agreement;provided however,that the
improvements shall not be deemed to be completed until accepted by City Council as
prov�ded in Seation (17) herein.
(c) Fumish the necessary materials for completion of the public
improvements in conformity with the Improvement Plans.
(d) Acquire,or pay the cost of acquisition by ClTY, 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
SUBD{VIDER'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 SUBDIVIDER and CITY. SUBDNIDER shall also be responsibfe for obtaining
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any pubiic or private sanitary sewer,domestic water,drainage, and/or utility easements or
authorization to accommodate the SUBDIV{SII�N.
(e) Commence construction of the improvements by the time established
in Section(22)of this Agreement and comp{ete the improvements by the deadtine stated in
Section (1)(b) above, uniess a time extension is granted by the CITY as authorized in
Section (22).
(fl Install all SUBDIVISION public improvement monuments required by
law and prior to formal final acceptance of the public improvements by CiTY. Individual
property monuments shall be installed within one year of said acceptance.
(g) install street name signs conforming to CITY standards. Permanent
street name signs shall be installed before acceptance of the improvements by CIN.
(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 installed on land not owned by CITY or SUBDIVIDER, no construction or
installation shall be commenced befare:
(a) The offer of dedication to CITY of appropriate rights-of-way,
easements or other interests in real property, and appropriate authorization from the
property owner to allow construction or installation of the improvements o�work, or
(b} The dedication to, and acceptance by, CITY of appropriate rights-of-
way, easements or other interests in rea! property, as determined by the City Engineer,or
(c} The issuance by a court of competent jurisdfcfion pursuant to the State
Eminent Domain Law of an order of possession.SUBDIVIDER shall comply in all respects
with the order of possession.
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Nothing in this Section(2)shall be vonstrued as authorizing or granting an extension
of time to SUBDIVIDER.
(3) Secu ' . SUBDIVIDER shalt 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 CfTY for the purposes and in the
amounts as foilows:
(a� to assure faithful performance of this Agreement in regard to said
improvements in an amount of 100°l0 of the estimated cost of the improvements; and
(b) to secure payment to any contractor, subcontractor, persons renting
equipment, or fumishing labor and materials for the improvements required to be
constructed and instalied pursuant to this Agreement in the additional 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 ane year following acceptance thereof by CITY against any defective work or
labor done or defective materials fumished in tt�e additional amount of 10% of the
estimated cost of the improvements; and
(d) SUBDIVIDER sha11 also fumish to CITY good and sufficient security in
the amount of one hundred percent(100%)of the estimated oost of setting SUBDIVISION
monuments as stated previously in this Agreement in Section(1)(fl for a period of one year
plus thirty(30) days from formal acceptance by the City Council.
The securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on page 1 of this Agreement are
incorporated into this Agreement by this reference. lf any security is replaced by another
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approved security,the replacement shali: 1)comply with all the requirements for security in
this Agreement; 2) be provided to the City Engineer to be fr{ed with the City Clerk 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 Clerlc, the former security may be released.
(4) Alterations to Im�rovement Plans.
(a) Any changes, alterations or additions to the Improvement Plans not
exc,eeding ten percent(1 Q°!o)of the original estimated cost of the improvements,which are
mutualty agreed upon by CITY and SUBDIVIDER, shall not reiieve the improvement
security given for faithful performance of this Agreement. In the event such changes,
alterations, or additions exceed 10% of the original estimated cost of the impravement,
SUBDIV{DER shaff provide improvement security for faithful performance as required by
Section(3)of this Agreement for one hundred percent(100�0)of the totaf estimated cost of
the improvements as changed,aftered,or amended,minus any completed partial releases
aflowed by Section (6) of this Agreement.
(b) The SUBDIVIDER shall construct the improvements in accordance
with CITY standards in effect at the time of adoption of the Resolution of Approval. C1TY
reserves the right to modify the standards applicable to the SUBDIVISION and this
Agreement, when necessary to protect the public safety or welfare or comply with
applicable state or federal law or C{TY zoning ordinances. If SUBDIVIDER requests and is
granted an extension of time for completion of the improvements, CITY may app{y the
standards in effect at the time of the extension.
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(5) inspection. SUBDIVIDER shaN at ali times maintain properfacilities and safe
access for inspecdon of the public improvements by CITY inspectors and to the shops
wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may
request a final inspection by the Cit�r Engineer, or the City Engineer's authorized
representativve. if the City Engineer, or the designated representative,determines that the
work has been completed in accordance with this Agreement,then the City Engineer shall
certify the completion of the public improvements to the City Council. No improvements
shall be finalty accepted by the City Council un{ess ali 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 worfc of constructing
and installing such improvements, CITY shaA be given timely notice of SUBDIVIDER's
readiness for such inspection and SUBDIVfDER shall not proceed with additional work until
the inspection has been made and the work approved. SUBDlVIDER shaA bear aU costs of
inspection and certfication. No improvements shall be deemed completed unfil accepted
by the City Council pursuant to Section (17) herein.
(6) Refease of Securities. The securities required by this Agreement shall be
released as folfowing:
(a) Security given for faithful performance of any act, obligation,wo►ic or
agreement shall be released upon the final completion and acceptance of the act or work,
subject to the provisions of subsection (b) hereof.
(b) The City Engineer may release a portion of the security given for
faithful performanoe of improvement worlc 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
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faithful performance of the improvement work and that the security shall not be reduced to
an amount less than fifty pe�cent(50%)of the total improvement security given for faithful
performance untif final completion and aoceptance of the improvement wo�lc. In no event
shall the City Engineer authorize a release of the improvement security which would reduce
such security to an amount below that required to guarantee the completion of the
improvement work and any other obligation imposed by this Agreement.
(c) Security given to secure payment to the contractor, his or her
subcontra�tors and to persons fumishing labor, materiais or equipment shaN, at six (6)
months after oompletion and acceptance of ttie worlc, be reduced to an amount equat to no
fess than 125%of the totat claimed by ali claimants 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 otfier obligations secured by
the Security.The balance of the security shall be released upon the settlemerrt of a{I claims
and obligations for which the security was given.
(d) No security given for the guarantee or warranty of work sha11 be
released until the expiration of the warranty period and untit any claims filed during the
warranty period have been settled. As provided in Section ('{0),the warranty period shaif
not commence until formal final acceptance of all the work and improvements by the City
Council.
(e) CIN may retain from any security released, an amount sufficient to
cover costs and reasonable expenses and fees, including reasonable attomeys' fees.
(7) ,IJn'ury to Public lmprovements. Public P�operty or Public Utilities Facilifies.
SUBDIVIDER shaff replace or repair or have reptaced or repaired, as the case may be, aN
public improvements, public utilities facil�ies and surveying or subdirrision monuments
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which are destroyeci or damaged as a result of any work under this Agreement.
SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or
public utiiity 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 thereaf, or by CtTY or a�y
public or pcivate utility corporation or by any combination of such owners. Any repair or
replacement shall be to the satisfaction, and subject to the approval,of the City Engineer.
(8} Permits. SUBD1VlDER shail, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction and instatlation of the improvements,
give a11 necessary notices and pay alt fees and taxes required by law.
(9) Default of SUBDIVIDER.
(a) Default of SUBDIVIDER shall include, but not be limited to,
(1) SUBDIVlDER's failure to timely commence constn.iction of this
Agreemeni;
(2) SUBDIVIDER's failure to timely complete construction of the
improvements;
(3) SUBDIVIDER's failure to timeiy cure any defect in the
improvements;
(4)SUBDIVIDER's failure to perform substantial construcfion wo�ic for
a period of twenty (20) calendar days after cammencement of the work;
(5)SUBDIVIDER's insolvency, appointment of a receiver, or the filing
of any petition in bankruptcy either voluntary or involuntary which SUBQIVIDER fails to
discharge w�thin thirty (30) days;
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(6) the commencement of a foreclosure action against the
SUBDIVISION or a portion thereof, or any conveyance in fieu or in avoidance of
foreclosure; o�
(7) SUBDIVIDER's failure to perform any other obligation under this
Agreement.
(b) CITY reserves to itself atl remedies available to it at law or in equity for
breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right,
subject to this Section, to draw upon or utifize the appropriate security to mitigate CIN's
damages in event of defauft by SUBDIVIDER. The right of CITY to draw upon or utilize the
security is additional to and not in lieu of any other remedy available to CITY. !t is
spec�cally recognized that the estimated costs and security amounts may not reflect the
aetual cost of consfivcfion or installation of the improvements and, therefore, CITY's
damages for SUBDIVIDER's default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be used by
CITY for the completion of the public improvements in accordance with the improvement
plans and speciflcations contained herein.
In the event of SUBDIVlDER's defau�t under this Agreement, SUBDiVIDER
authorizes CITY to perform such obligation twenty(20)days after mailing written notice of
defautt to SUBDIVIDER and to SUBDIVIDER's surety,and agrees to pay the entire cost of
such performance by CITY.
C1TY may take over the work and prosecute the same to compleaon,by contract or
by any other methai C1TY may deem advisable, for the account and at the expense of
SUBDNIDER, and SUBDNfDER'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
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(28) Litigation or Arbitration. In the event that sult or arbitration is brought to
enforce the terms of this Agreement,the prevaiiing party shall be entitled to litigation costs
and reasonable attomeys'fees.
(29) Incorporabon of Recitals. The recitals to this �greement are hereby
incorporated into in the terms of this Agreement.
(30) Entire Aqreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter. All mod�cations, amendmerrts,or waivers of the
terms of#his Agreement must be in writting and signed by the appropriate�ep�esentatives
of the parties.
(31) Intemretation. This Agreement shall be interpreted in accordance with the
(aws of the State of Ca{ifomfa.
(32) Jurisdiction. Jurisdiction of all disputes over the tenns of this Agreement
shall be in the County of Riverside, State of Califomia.
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IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date
hereinabove first written; by C1TY, by and through its Mayor.
T 4�� � ClTY OF PALM DESERT
SUBDIVIDER
By:
SUBDIVIDER MAYOR
(Proper Notarization of
SUBDIVIDER's signature is
required and shaN be attached)
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
� -
CI�1( RNEY
�e�nn+�is� -21-
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CALIFORNIA ALL-PURPOSE ACKMOWLEDOMENT
State of Calffomfa
County of Rive�-side
On /�!9!/a before me, _ Luis Ga;cia. Notary Public
o.�. �.n'i��T�e»
personaNy appeared �4� �b�f�ti
.� s�
who prowed to me an the basis of satisfactory evide�oe to
be the person(s) wtase name(s) is/are subscr�ed to the
within instrument and adcnowiedged to me that
he/she/they executed the same in hislhedtheir authorized
LUIS GARCIA ��Y��)� ��t by hfs/heNtheir signature(s) on the
���n a�8�53�2 instrument the person(s), or the en�ty upon behatf of
Noary PueMo-Cslitonaa which the person(s)acted. executed the instrument.
Riwtsld�Co�nt�l
�a� �� ��� { certify under PENALTY OF PERJURY under the laws
of the State of Califomfa that the foregang paragraph is
true end coaect.
WITNESS my hand and Q#�cial sea
�.►ra.n sw�oo�. Slgnature �
��
oPnoNAc.
r,►�,�n r�,�����a„�,r���;n,»►��,�,�,��o�,��r��„��
end catM pr�srent fraudi�lent rertwval and reattadnner►t d Ehla brm to erafher dbcumen►.
DescNption of Attached Document
Tttle orType of Document ✓���;v:S;v.v' .Tin�kave.�,�.T— A�,c.�xe„ 1"
Oocument Date: / /2/��- Number ot Pages: Z�
S{gner(s)qher Than Named Above:
Capacity(fea)Claimed by Signer�(s)
s�rs N�: s�rs Na►rre:
��ndivwual o�nc�vidua�
O Corporate Officer—TiUe(s): ❑Corporate Office►—Tftie(s):
❑ Pertner---O Umited ❑General O Partner—O lhnfted O Cienera!
❑ Attomey in Fact O Attorney in Fact
O Tnistee ma�n,�,o n«e D Tnistee Top a m�nere
O C3uar�an or Conservator O Guerdian vr Conservator
O Other: O Other:
Signer Is Represerntng: Signer Is RepreseMing:
o�oa�wraw��a,ron•oeeaaeao�...r.aeo.�oe•aw�an.cnwa�s,xaz•�oq �.eoo� wo�a.r.wn�a..»ooa�maan
,- . . � �� � � T ,A„
I I �o/ � ri � l
PI�'1 . 36 1 �� ImrJr-ov�v►.,�..'' t Cos t �'c�:rvi4�"2
1 ADA ramp 3000
2 remove curb 660
3 sidewalk 6" 4950
4 sidewalk 4" 5700
5 R&R asphalt 3315
6 relocate utitity structure/sign 0
7 remove concrete LF 660
8 remove concrete/asphalt SF 1300
9 sidewalk and wedge curb 8865
10 protect 0
il remove concrete 100
12 remove concrete 150
13 construct curb 175
14 remove asphalt 350
Subtotal 29225
Contingency 2096 5845 .
Total 35070
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CITY OF PALM DESERT
STANDARD FORM
SUBD[1/ISION
� FAITHFUL PERFORMANCE BOND
NAME OF SUBDlVIS10N: P8 r c e l Map 3 613 7
NAME OF SUBDIVIDER: Poul Moller
NAME OF SURETY' Indemnity Company of Calffornia
EFFECTNE DATE: J a n u a r y 12, 2 012
AMOUNT OF BOND: $3 5, 0 7 0.o 0
BOND NUMBER: �2 9 5 0 8 S �
PREMIUM: $1 +�52.00 / 2 Years
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporaqon, entity, or otherwise, named on line 2 above, wittiout regard to
gender and number, hereinafter referred to as PRfNC(PAL, and the corporation
named on Line 3 above, a corporation authorized to do business in the State of �
Califomia and presentty possessed of authority under T't�e 6 of the Un'ited States
Code to do business under Sections 6 to 13 thereof, in the aggregate amounts
hereof, hereinafter refeRed to as SURETIf, are join�y and severally heid and
firmly bound unto the City of Pafm Desert, a municipal corporation af the State of
Califamia, hereinafter referred to as CfTY, in the sum mentioned on Line 5
above, for the faithful pertormance of that certain SUBDIVISION
IMPRQVEMENT AGREEMENT between PRINCiPAL and CITY regarding the
subdivision named on Line 1 above, as required by the provision of the
Subdivision Map Act and C1TY ordinances, resolutions, rules, and regulations, for
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the payment of which sums wel! and truly to be made, PRINCIPAL and SURETY
hereby bind themselves, their heirs, administratars, executocs, sucxessors and
assigns,jointiy and severally, firmly by these presents.
The condifion of the foregoing obiigation is such that if the said
PRINCIPAL shall faithfully perform the covenants, candi6ons, and agreements
contained in that certain SUBDIVISION IMPROVEMENT AGREEMENT between
PRINCIPAL and CITY regarding the subdivision named on LINE 1 of Page 1
hereof, which said agreement is by this reference incorporated herein, on its part
to be kept and performed, in a manner and form therein specified, and shall
fumish material in compiiance with the speafications and pertorm all that certain
work and improvement in said CITY which is more particulariy desctibed in sa+d
SUBDIVISION IMPROVEMENT AGREEMENT, then the obiigation with respect
to the faithful performance is by this reference incorporated herein.
The said SURETY, for value received, hereby stipulabes a�d agrees that
no change, extension of 6me, alteration o� addi�on to the terms of the
SUBDlV{S{ON IMPROVEMENT AGREEMENT or to the worlc to be performed
thereunder or 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 dme, altera�on or addition to the temns of the SUBDIVISION
IMPROVEMENT AGREEMENT, the work, the specifications or any feature or
item of performance thereunder. In the event it becomes necessary for CITY to
bring an action to enforce this bond, SURETY shall pay CITY's reasonable
attomey's�ees and court costs in connection therewith.
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IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this
instrument on the date mentioned on Une 4 of Page 1 hereof.
Poul Moller
��� ���-�
PRINCIPAL
PRINCIPAI.
SURETY
Indemnity Company of California
SURETY �
BY`�lM/�fc � 1 t�---�
1
Diane M Nielsen - Attorney in fact
(Natacia! adcr►ow{edgement of execuution by ALL PRlNCIPALS and SURETY
must be attached.)
CALIF�RNIA ALL•PURPO$6 ACKNOWLED�iMENT
State of Calfbmia
County of Riverside
On � /4 /�- before me, Luis Garcia. Notarp P�,u �ic
o,,, i� ea
personally appeared � �c. �o��E2
. .
who praved to me on the basis of satisfactory evidence to
be the person(s)whose name(s) is/are subscr�ed b�the
withtn instrument and adarowledged to me that
helshe/they executed the same M hisfiedtheir authaized
U11S eARCIA ���)' ��t by hisJher/l�eir slgnetUre{s) on the
CortiM:sba+�te55342 ��t me person(s), or the entity upon behslf of
Mo�ry P+�k-Ca�Kaias which the person(s)acted,e�cecuted the lnstrument.
a�«ae�cow�cy - .
�o�. �M 20 2ot3 I certify under PENALTY OF PERJURY under the laws
of the State of California that tlie foregoing paragraph ls
true and correct.
WITNESS my hand and o#'iclal seal.
���� Signature a��
oPnonra�
Thou,a►►ax Maor►►�erbn belbw�s nor r�r�d ey la�c�t�aY p►ove vak�We to p�sovts�«�n�e aaxa►rer►r
end c�ouid pre►grN hsudYdent remova/and r+aattachment of e1Ma knm ta another pbct�►r�ent.
Descripdot�of Attachsd Docunte�t
�8 Of�9 O��Ot3U1T16tit: /r+.�!l 7 H � ��rt�����t�rN C C, ,j�p,v,�.
DocurneM Date: /`�z�Z Number of Pages: �3
SigneKs)Other Than Named Above:
Capscity(les)Clalrned by Sigr�(s)
Sigt�s Name: Signer's Name:
�Inc9vidual O Individual
O Corporate Officer—Tltfe(s): �Corporate Otncer--TiUe(s}:
0 Partner--O Umited ❑Cier+eral O Partner—O Urr�ted CI�eneral
❑ Attorney in Fect ❑Attomey(n Fact
O Tnistee Toa a n,u�,e n�e ❑Tn�stee TaP d tlwrib Ibrs
O Guardtan or Caiservator 0 C3uar�an or Conservator
O Other. ❑Other:
S(gner Is Representing: Signer Is RepreseRtlng:
o2ov��r noerr�..o��o�,•a�so a eoe�...Po.aoK a�ox•a,.r.oenc�►wa��z�az•.�►wio.r�ao �.m�or a.ae.ccr�r�..»oae�
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON 1 , l� � ��' ,BEFORE ME, LINDA ROCHA, Notary Pabtic
PERSONALLY APPEARED: Diaee M.Nietaen
Who proval to me on the basi�of�tisfictory evid�nce to be the person(s)�rhose name(a)�s/an
sabecribed to the withln iastraoent&scknowledged to me that I�eisheltLcy ezecnted the aam�in
6isiher/t6eir aathor�ied cupadty(i�s),and th�t by 6is/her/their sipatares(s)on tLe instrnment t6e
person(aj,or the entity npon beh�lf of w6ich t6e peison(s)arted,ezecatdi t6�inetrnmen�
I certifj►w�dea�penaity of perjary nnder t6e l�wa oi We Shte of Csiiforei�t�t th�foregoing
P�S�Ph is hve and contic�
WITNESS my hand and o8icial seaL uMon Aocw►
� coa�ms.+o�r�9seooB
� �� n�co�
Signata : �" "'L comm. �to,20�s
L A Roc6�,Notary Fnblie
ALL PURPOSE ACKNOWLEDGMENT
' � . � C
1
CITY OF PALM DESERT
STANDARD FORM
SUBDiVISION
PAYMENT BOND
(LABOR� MATERIALS)
NAME OF SUBDIVISION: p g r c e 1 Ma p 3 613 7
NAME OF SUBDIVIDER: P o u 1 Mo 11 e r
NAME OF SURETY' Indemnity Company of California
EFFECTIVE DATE: January 12, 2012
. AMOUNT OF BOND: S 17.5 3 S .o 0
BOND NUMBER: �2 9 5 0 8 S
PREMIUM' Included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That the person, firm,
corporation, entity or otherwise, named on Line 2 of Page 4 hereof wfthout regard
to gender and number, hereinaRer refeRed to as PRINCIPAL; and the
oorporation named on Line 3 of Page 1 hereof, a corporation authorized to do
business in the State of Califomia and presenby possessed of authority under
Titie 6 of the United States Code to do business under Section 6 to 13 thereof in
the aggregate amounts hereof, hereinafter ref�erred to as SURETY; are jointly
and severely held and firmty bound unto and atl materialmen, pessons,
companies or corporations fumishing materials, provisions, provender or other
supplies used, in, upon, for or about the pertormance of the work contracted to
be execx�ted or performed under the terms of that certain SUBpNISION
L:\Te�laerslLbor k Matai�b Bond Snbdivi�ion.doc
' � �
z
IMPROVEMENT AGREEMENT hereinafter mentloned and al! persons,
companies or corporations renting or hiring teams or implements, or machinery,
for contributing to said worlc to be done, all persons who performed work or labor
upon the same, and all pe�sons who supply both work and materials, and whose
claim has not been paid by PRINCIPAL in the just and full sum men�oned on
Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said
PRINCIPAL and SURETY bind themselves, their heirs, administrators,
succssso�s and assigns,join�y and severally, finnly by these presents.
THE CONDITION OF THE OBUGATION is such that whereas the above-
bounden PRINCIPAL has entered into a SUBDNISION IMPROVEMENT
AGREEMENT with the City of Pa{m Desert, a municipal corporation of the State
of Califomia, hereinafter refeRed to as CITY, for the construction of public
improvements in the subdivision named on line 1 of Page 1 hereof, which said
SUBDIVISION IMPROVEMENT AGREEMENT is by this reference incorporated
herein:
NOW, THEREFORE, if the above-bounden PRINCIPAL, contr�ctor,
person, company or carporation, or his or its subcontractor or subcontractors,
fails to pay for any materials, provisions, provender, or the supplies, or teams
used in, upon, fo�, or about the perFormance of the work contrac6ed to be done,
or for any work or labor done thereon of any kind, or for amounts due under the
Unemplayment Insurance Act with respect to such work for labor, SURETY on
this bond will pay the same, in an amount not exceeding the sum specfisd in this
bond, and also, in case suit is brought on this bond, a reasonable attomey's fee
L:\Taupl�oesll.abor a Mtler'sl�Bond SubBivieioo.doc
'� � l �
� 3
which shall be awarded by the court to the prevafling party in said suit, said
attomey's fee to be taxed as costs in said sult 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 aN CITY ordinances, resolutions, rules and regulations
supplemental thereto; and al1 amendments thereto; and shali inure to the benefit
of any and ali materialmen, persons, companies or corporations entitled to file
c(aEms unde�and by virtue of the p�ovisions thereof.
IN {MTNES3 YVHEREOF, PRINCIPAL AND SURETY have executed this
instrument the date men�oned on Line 4 of Pac,�e 1 hereof.
Poul �Soller �
1�
PR(NCIPA4
PRINCIPAL
Indemnity Companq of California
suREnr
.
B�: r12�+.�!,�-�
$URENDfane M Nielsen - Attorney in fact
(Notarial acknowledgement of execu6on by ALL PRINCIPALS and SURETY
must be attached.)
L:1Templata+�T.ebor�MMai�lt Eood 5u6dtvuiondoc
CALlFORNIA ALL-PIJRPOSE ACKNOM/LED�MLNT
State of Calibmia
County of Riverside
,
On f i��I�- before me, Luis Garcia.�Notarv^ P�blj,c
pe�sa�ally appeared U'ok / /vl�1/��
who proved to me on the basis of satissfa�ctory evkier�ce to
be the person(s) whose name(s) is/are subscribed to the
within instrument arrd acknowledged to me that
Lu8 GARCIA he/she/they executed the same in hislhedtheir autliorized
Car�sian*18553�2 �P�Y(ies), and that by his/hedtheir slgnature(s) on the
wotsry P�bwc-C�Ntona. instrument the person(s), or the enUty upon behaif of
Riv�nid�Counti which the person(s)acted,euecuted the Instrumer�t.
M Comm.f in�Jui 20,2pt3
i certify under PENALTY OF PERJURY under the laws
of the State of CaHfornfa that the brego(ng paragraph is
true and conect.
WfTNESS my hand and official seal.
���� Signature �a��
oPno�wa� .
rnoupn n�e fiiormanan belbw la►rot r�yw,ed ay�aw,!t may p,wna wah,aare to persona relytr,p on one dbannenr
and c�aYd prer+A►H lraudrent rerrwvai and reatfadwnent d tl�ls ibrrr�to enoN�er abaanent.
D�sCf�(i�IOR O/AKBChdd DOCtlt118f1t ,,
Zld9 Of 1SIp8 Of DOClin18f1� ,�,' //;i'/ f-� �'•'�i.�.
Document Date: f I y f/2 Number of Pages: =
Signer(s)Other Than Named Above:
CapacitY(I@8)C18i1t18d b'1l�9�s1
Signera Piame: Signer's Name:
\p�lndhridual ❑Indfviduel
�❑ Corporate Officer—Title(s�: ❑Corporate Officer—7itfe(s):
� Partr►e�—O Umtted ❑Generaf D Partner—O umRed D General
O Attorney in Fact T�d�b� O Attomey in Fact �d��
❑ Truatee ❑Trustee
O Guardia�or Conservato� O Ciusrdian or Conservator
❑ Other: �Other:
Signer la Representlng: Signer Is RepresenUng:
o�oo�rwa�Nary�.odwo�•aeo�.saowa.�.eo��a¢•a�n.c�w�s�oz•www�rarxao �ro� n.o�d.r.anas,..��eoaareaez�
sTa�oF c�oxx�a
}
COUNTY OF RIVERSIDE
ON ���a'1� ,BEFORE ME, LINDA ROCHA, NoMry Pnblic
PERSONALLY APPEARED: Dlane M.Nielsen
Who proved to me on tie basi�of aatisfndory evidence to be the peraon(s)w�hose n�me(s)is/�ne
sabscribcd to t6e wfthin instrument 8c aclmowledged to m�th�t he/shdthtry eiecutai the aame in
his/her/their antLor'rud cspacity(ies�and t6at by h�sJher/their aignatnrea(a)on tLe instrament the
person(e�or the entity upon beh�lf oi w�hich the person(a)acted,ezecated th�inatrum�nt
I certify nnder penxlty of perjnry nnder tLe laws of the State of Californ�a tlut the fonguing
P��S�Ph�true and corrcct
WITNESS my hand And o�cial seal. u�ro�►t�u►
can�ms.�on.►tqseooe
Notary Puelk-CNiforM�
� RfwtslQ�Caunry �
Camm.Ex l�a Nov 20.201 S
Signatu • �
L �da Rocha,Not�uy Pabtic
ALL PURPOSE ACKNOWLEDGMENT
_ ( �_
' POWER Of ATTORNEY FOR
� DEVEIOPERB 8URETY ANC iNDEMNITY COMPANY
1NOEMNiTY COMPANY OF CALlFORNu4
PO Bwc 19725.RVINE,G 826�i(94�2833300
KNOMI ALL 8Y THESE P�N1TS�et exoept as e�restly iNMd.DEVELoPERS SUREfY AND NDEMNRY CoAWMtY and NlDE►M1ffY COMIPMIY�F CALIFORt�qA,do ead►
her�Dy meke.wtu19i0e erd appai�t
'"'Van G.Tanner, Paul W.Lewis,Mathew S.Costello,Ann Willard,Sai C.Sarxloval,Diane M.Nielsen,joinUy or severaUy"'
as�ek due and iarr(u1 Aaamsy(s}k�Fact tc meke,exeaim.0eivx end achnowledpe.tor and m betmli of said capo�,es sueKes.ba+dr,u�daAddngs and oontrectr of s�aety.
tNP¢riq sd yranBrp unb aid AComey(a}irFact fii po�wer end au�odly W do arM b Pef��Y���X�9�or proper b be daie in�lon Iherewilh as�adi ot
seid cn�po�atld»could do�but teesrvhig b ead�d eald caporaUa�+fu9 Power ot a�betlNtlan end rovocMla�,mW al d�e acb W wkl Atlotney(a}�Y�ect p�b�esa Presents,
are t�xeby ratlfed md cvnl�med.
lhis Pavar af NOorney la greded end I�dyned by facQin9e under and bY autlw�ity d Ihn talowing racaiutloc�a adopted by tl�e respe�ihre Boa�da oi Ofredo�a of QEVEi.OP�RS SUREtY
AND�tTY COMPANI'ad WDEMN(TY COMPANY OF CALIF�RNIA,afWhrs asd Je�wery 1s1,2008.
RESOIVED,tlrel a carnb6�eYan d mty lr+o o�9�s Cheimin of Oie 8oerd,gte Pte�ideM.6oea6ve VIe�Preddeid.Ser�for Vfoe�Pie�fdeid ar trry 1Acs Preddont of the
capaatlo�b0.end tl�et eed►ot tl�em hersby is.au�Ori�ed b exscuie tl�Powar d Atbnay,q��yYg tAe s0orneq(aj nerned h Ihe Power d Atlan�y b exea4e,an Mhdf of fhe
caPo�aYa�.ba+d�.WdeAd�s and oontrscis of�aeryalip;and Ihat 9ie 5eaetary a ary Asat�M Seaetary of�er af tlie capaatlorr 6e,and eedi d Own hereby k,auQa�Zed
b aMeet 1he eocecutlon ot any wch Powar otAMamey,
F�SOLVED,FURTFER.If�at fhe alg�re4res o1 wfi oAtoxc maY be a(Poaed b any wd�Power af At6omey or b sy�tela�ng Eweb by�almtle.�d any such
Power ofAf6omsy ar oe�Icafe bea�tq wCh faca4nie sipneUaa�slml be vaid and 4fnclrg upon t�e capotaMms when ao aBaoed and In IM A�C+e�ilh re�ped b ar►y bmd.iridartakfn9
a oontract d arelyaNp ro xMeh k k el�dbd.
IN VIfITNESS YYH�Of.DEVFlOPERS SURE7Y AND N1DEAl�ITY(�MIPANY and WDEI�piY COA�IPMIY OF CALIFORNIA heve eeve�aly cmKed Owee p�to be d8ned bY
tl�elr re�pecl�e atioeis end elie�ted by heir reaipecius Saastery a Asaiqerd Seaeie►y Iib Ocbber�Ih.2011.
, w�w�y,�.
� �/ ,� �,.�(L� ��/�A�� GO�Q�Y Q�`
�C =�yo o�"vorr,�r+q. � papo,q� r
y� �F�
:���� OCT. ���� 2 ?4 OCT.5 �n
BY " � � �G~�� o 0 1�3 6 ��� � 1967 �o
S b s v e A T v e d t,V i C�P�t }s.�i►� D,� �y C� �!
c�7��„I�OWw,...��a,r � '4�/FOP� �
Sfale�Cel�otnia ''w.,,,�7�k�M..`'+r 'k
CotrMY o(Otenpe
On Octobe►�.2Di1 y�pre,�, 14�IoNoM�erado,NolerYPlA�fc
Dets tM�e kmett Nart�e and Tilk o�Qie Olkar
P��Y aPPoe►sd Deniel Yoin9 end S�e/�Tvedt
Hamels)of StOne�t�� •
Mtp prwed b ms on fr bwis d i�ory e�iMloe b be M peraon(=)wl�ose neme(�}isfse mihea6ed In
Ifie wANn ia�t erd edeawAedged b me thet hkl�eMby ex,earl�d Iie ame h IisAwttlieft�ullqAred
AtrTC)P11011LVARADO �)�and liat by hfrR�edliat ai�ltae(s�on�s k�sne��f�e pena+(a),ar I�e enty upon beAalt ot
���'�� whkh tl�e pa�on(s�aded.emadsd d�.instumert
oM1�E od�f TY ����.N oF Pf R.�JR`r undu ur.Yiws o(9,e st�.a ca�om�u�at�e taepoi�p peregr.pA Is
huue atd ootred.
o0mst. �,2Q1S
VVITT4ESS my head and alfaet eed.
P'Mce No18ry Sael Above 5ip�ure �'
Mla�fo AlvsreAo,Notary Puhic
CER'TIFICATE
The�dnsi��ed,as Sxrele�y a Aubfent Ser�relary oi REVfiOPERS SURETY At�INOEMMiY COMPIWY a INDEYNtTY COApANY OF CALIfORN1�,doe�Mreby
car�jr tlpd 9�e bnepohg Paw�dAian�nenaYat b ful fo�e and hes tal been ie�roked and,fir�ermore,tl�et 9ie proNidor�a d tlia remMAiorn of D�e res,pec�ro Boerds oi Dk�rs of
seld aorpas8o�s ed(or9i h tha Parx at Atto�r ere In fo�s ee of fhs dele of�Cer9lic�e.
Thk c.r�cate Ie axsa,�ea h a�e Cpy of kvru,cawoma,tic 12��}� J an u a r y, 2 012
� �
�Y
IQ1380(Rsv 1QIt1)
Company Profile
INDEMNITY �QMPANY OF CALIFORNIA
P.O. BOX 19725
IR�INE, CA 92713
800-782-1546
Former Names for Company
Old Name: TR.ANSNATIONAL CASUALTY INS CO Effective Dste: 08-12-1976
Agent for Service of Process
Unable to Locatc the Agent for Sen�ice of Proccss''
Reference Infarmation
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: CALIFORNIA
L.ines of Insurance A.uthorized to Z'ransact
The company is authorized to transact business within these lines of insurance. For an
explanation of any of these terms,please refer to the lossa .
SURETY
Company Complaint Informahon
Comp�iv Enforcemcnt Actio�i Doct�mc�its
� � 72235 PAINTERS PATH �
__ __-- - ---------__ .. . - -- - --- --- - -
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Legend Q
1:2,470
— Circulation Network Streets
L� CRy Boundary ❑ Parcels(1/2014)
� CRy Boundary Notes
� � � Y �� � �� � � � � � � � �� �
7 i-5 �<� I�ititi> WnaiNc 1)itivr
Pn�.M 1)i•srirr, Cni.ir•c�izNin ��_> >6c�—�57f;
TEL: 7C)O 346-o6ii
inl�i(a ciq'�i1�rilnulc�crt.�i�;C
�;�er. ,�,:�. �: . � � .
March 3, 2014
Poul Moller
Mollers Garden Center
72235 Painter's Path
Palm Desert, California 92260
Dear Sir or Madam:
Subject: Re4uest for Authorization to Release Improvement Securitv
for Parcel Map No. 36137 - 72235 Painters Path
At its regular meeting of February 27, 2014, the Palm Desert City Council considered
the subject request and took the following action:
By Minute Motion, continued the matter to a date uncertain.
A copy of the staff report with City Council action stamp affixed thereto is enclosed for
your records. If you have any questions or require any additional information, please do
not hesitate to contact my office.
Sincerely,
RACHELLE D. KLASSEN, MMC
CITY CLERK
RDK:rg
Enclosure (as noted)
cc: Mark Greenwood, P.E., Director of Public Works
Christina Canales, Assistant Engineer
rn.noorunn�.ouric