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Home My WebLink AboutT34391 - Reduce Security - KB Home � � � CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: REDUCE SECURITY FOR TRACT 34391 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANTS: KB Home, Southern California 36310 Inland Valley Drive Wildomar, CA ��-5�5 Continental Insurance Company Attention: Jere Keprios C/O Ct Corporation System 818 West 7`h Street Los Angeles, CA 90017 BOND NUMBERS: 58673025 Faithful Performance & Labor 8� Materials DATE: October 23, 2014 CONTENTS: Faithful Performance 8� Labor 8 Materials Agreement and Bonds Vicinity Map Recommendation By Minute Motion, reduce security for Tract 34391 to 10 percent of the amount of the faithful performance bond. Backqround The subject property is located at Shepherd Lane and Kingston Court. At the time of grading permit issuance, KB Homes submitted two bonds (Faithful Performance Bond is $389,958 and the Labor and Materials Bond is $194,979) in the total amount of $584,937. All improvements for Tract 34391 have been completed. Staff recommends that City Council authorize the reduction of the faithful performance bond to 10 percent of the original value, to $38,996, to be held for one year's time. Staff Report Reduce Security for Tract 34391 October 23, 2014 Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Dep m n Head: C1�-�� Christina Canales, Assistant Engineer Mark Gr e wood, P. ., Director f ublic Works � ��------ CITYCOUNCILA N APPROVF,D � DENiED Paul S. ibson, Director of Finance RECEIVED OTHER MF.ETING DATE �� 3`� A roval: AYES: ��ar� � , NOES:_�� j AI3SF,NT: ��'�L% ••�� AI3STAIN: �� hn M. Wohlmuth, City Manager VCRIFIED I�Y�_ r�+�''1 Original on File with City Clerk's Office CITY OF PALM DESERT STANDARD F�RM SUBDIVISION FAITHFUL PERFORMANCE BOND NAME OF SUBDIVISlON: Kinqston NAME OF SUBDIVIDER: KB H�t�IE Coastal Inc. NAME OF SURETY: The Continental Insurance Comc�anv EFFECTIVE DATE: April 2, 2010 � AMOUNT OF BOND: $3as,s58.00 BO�VD NUMBER: 58673025 PREMIUM: $�,s5o.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, ` � corporation, entity� or otherwise, named on line 2 above, without regarci to gencier and number, hereinafter referred to' as�PRINCIPAL, and the corporation named on Line 3 above, a corporatjon authorized � do business in the State of California and presently possessed of authority under Titfe 6 of the United States Code to do business under Sectians 6 to 13 thereof. in the aggregate amounts hereof. hereinaftec cefeRed to as SURETY, are jointly and severally he(d and firmly bound unto the City of Palm Desert, a municlpaf corporation of the State of California� hereinafter referred to as CITY, in the sum mentioned on Line 6 above, for the faithful perfonnance of that certain SUBDIVISION IMPROVEMENT AGREEMENT between PRINCtPAL and CITY regarding the subdivis(on named on Line 1 above, as required by the provision of the Subdivisbn Map Act and CITY ordinances, resolutions, reiles, and regulaUons, for the payment of which sums well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors. successors and assigns,jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain SUBDIVISI4N IMPROVEMENT D,GREEMENT between PRINCIPAL and CITY regarding the subdivision named on L.INE 1 of Page 1 hereof, which said agreement is by this reference incorporated hersin, on its part to be kept ar�d performed, in a manner and form therein specified, and shall fumish material in compliance with the specifications and perform a{) that certain work and improvement in said C(TY which is more pariicularly described in said SUBDIVISION EMPR�VEMENT AGREEMENT, then the obligafion with respect to the faithful perFormance is by this reference incarporated herein. L • • The said SURETY, for value received� hereby stipulates and agrees that no change, extension of time, atteratlon or addfion to the terms of the SUBDIVISION IMPROVEMEtdT AGREEMENT or to the work to be performed thereunder or the specficatlons accompanying the same shall in anywlse affect its obligations on this bond, and it does hereby waive notice of any such change, extension o# time, alteratlon or addition to the tenns of the SUBDIVISION IMPROVEMENT AGREEMENT, the work� the specificalions or �ny feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY's reasonable attorney's fees and court costs in connection therewith. IN WlTNESS WHEREOF, PRINCIPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. � 1 KB HO�J�A� Coae�al Inc % , � ' � � j: ,• ._ , � PRINCIPAL'S SIGNATURE �/C,4�tf6C �. �ieEE�r�Q�l �TIZ . PRINT NAME (/P ,L,a.JD •�- �o2w.a2D �c..vN�/i�/G�- TITLE �COMPANY NAME PRINCIPAL•'S SIGNATURE � PRINT NAME � � TITLE 8 COMPANY NAME The ConUnental Insurance Company SURETY'S SIGNATURE � _,� _ �,.y SURETY'S SIGNATURE Maria Pena, Attorney-in-Fact (Notariel acknowledgement of execution by ALL PR1NCiPALS and SURETY must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of Riverside On A�ril 5. 2010 before me, Richard R. Keller, Notary Pubiic, personally appeared Michael H. Freeman. Jr., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a�e subscribed to the within instrument and acknowledged to me that he/sbe� executed the same in his/�ktieif authorized capacity(ies), and that by his/#�er�ei� signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �.�....z,_�-��.�..:�.�, �. �._; .�_.�..y- / ) , �; �. , � , •' , Li�� LT/�.� - - '� - � Richarci R. Keller °�'�;.�v . . . , a-, _.-�r_ Y:. . , � • . � ::f�:. -.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 2, zoio before me, Tracy Aston, Notaty Public, personally appeared Maria Pe�ia, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that #�eJshe/##e� executed the same in #�is/her/� authorized capacity(�es), and that by#}is/her/##�eif sig�ature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,_.�.,.�.::�.,��.�,.�..r,...,.�.�.�..�.1M� �..��' �� CoT,��::��n�u 1,73ti; 4 `�� i� .f:= ' ��• -� :p!'�`y �,:.. _ C•7;,,�. :�':) r �..� ��i��4:�%/ ��;`_� � , . . .. ' K:'�� ,•,/ :: s a�,:�r'.,s Co:;n�y = � � 5w �.'►r;/ ;:T;_<��•,E:,;.��-�ti::-,�s r,;,� Tracy Aston ...��-..-�-�:-��,..:�.;..�_. .:�.� POWER OF ATI'ORNEY APPOIIVTING WD1ViDUAL A'1"1'UWVLY-l1V-KAl:1 Kaow All Mes By T6ae Preuats,That The Cantmwtal[cwranee Comp�nY.a South Carolma carpontion,and Firernen'a lne�aance Comp�ny of Newark.'New Je�sey,s New lasry eapocation(lwein called"d�e CIC Cae�nies'�,a�e duly agani�ed md aci�ting oocporuiaea havmg t6e'v principal oAices in the City of Chicago,and State of Illinois,and 16at they do by virwe of the sig�at�u�a sod�alt 6erein aPfixed ha�eby mtke,colmtitute aad appomt Maria Pena, Edw�ard C 3pector, LLa L Thorntoa, Tracy Aston, C K Nalcxmnra, E S Albrecht, Jr, Tom Bradgan, C{arice Lee,Mariax Tapla,Joyoe Herrin,Indtvidwlly of l.ea An�elea,CA,their true�ad 4wfut Attorney(t}in-Fad with fl�lt power aad auWoriry hereby conferred to�iga,seal aad exewte for�nd«►the'v behalf bond=,undataltingi�nd od►er obliguory instrumaia of aimilar imtun -In Unlimited Amounts- n�d to bind than tha�eby u fully�nd w the ame exteat as if�ch inah�nnents were�goed by a duly authorized o$'ica of their corporatians and�ll the ac�of taid Anomcy,pursua�t to the authority hereby givea ia haeby ratified�nd confumed. This Pawa of Attorney is m�de�d acecuoeA pursWnt to aod by�ty ofti�e 8y-Law and Reaolutions,prfoted art the reverme Hereof,duly adopted,as indiated,by the Bovdt of Diraxora of the corporado�s. lo Witae�s Wheraof.tbe CIC Componies 6ave cwsed tbese pnaeatc to be sigi►ed by thar Smior Viee Prcsidwt emd d�eir oorporate sals to be bereto aBixad on this 13th dsy of April,2004. ..••'jj�• .�� yr The Cantiaental Insurance Com�anY :'�� • �� Firemen's Ina�uanx Company of Newark,New Ieisey t �" t ��f�'~� ' _ � � � : ..�M�� ,,��, _ Miotmet Gen�ta Senio� �Presiaenc SnDe of Iltirais,Camty of Coolc,s� Oa d�13th day of April,2004,before me pereooally came Micbad(3aigkr to me imown,wlw.being by rne duly swom.did depose and aay: that he nrida in the City of Chicago,Shte of lllinoir,tbat he is a Seaior Vioe pnsident of The Continasq�l I�x Cou�ny.a SouW Caolina oorpontion.�od Firemea's Inautana Cony�ay of New�ric,New Je�aey.a New lersey corporuion deeafbed in and whicb a�ocuted the above in�Lnamnt;tl�t 6e knows the:als of wd oaporatione;tlut tbe seals alfixed b�the aid i�truma�t are au�h capor�te sats;dat tbey werc�o aff xed pursuant w authority given by the Bw�d:of Direceora of aiid c«poratia�s aad d�at he si�ed bu aane dxreto piusuaot oo like suthaity,md sclQwwledges ame w be the act and deed of aaid corpontions. OFFICIAL 8EAL • E�IZ/1 PlpCE � ,/�� IIOiMM/1��4RA1lO/Rt/IM N WI�M��!w117A My Commissioa Expirea Sepxmber 17,2006 Eliza Pricx Notary Public CERTIFICATE I,Mary A.Ribikaweias,Asci�ant Secretary of'Ibe Coot�ental Inmu�na Comp�nY�s SoWfi Grolina oorporatio�.a�d F'va�xn':lnwraooe Company of Nawark,New Jaaey,a New lasey carporatiou do heroby catify d�ac the Powar of Attort�ey hereia�bove set fact6 is stiU in force,aod furtt�a artify that the By-L�w and Reaolutbn of t6e Bord of Directas of the oapor�tiaos pcint�og t6e revase heroof is still u�fora. In tatimony �U10I fuve haamto wbaxibod my mme�ad aH'ixad the sal of the�eid owporatioo�d�i� [nd day of Apri 1 ��,{� �� `�„�y The Comineatal I�uranca ComQany � •N •• • 4j j• '. 3� ��,� Firemen's Ins�uance Cocnpany of Newark,New]e�ey • �, t �� _ � � . . � s t 's.� _ . �� . � : . ri• Mary A. �7ca Aaaiednt Sect+etary Fotm F6850-I!/2001 CITY OF PALM DESERT STANDARD FORM SUBDIVISION PAYMENT BOND {LABOR& MATERIALS) NAME �F SUBDIVISION: Kinqston NAME OF SUBDIVIDER: KB HOME Coasta� In� NAME OF SURETY: The Continental Insurance�ompany EFFECTIVE DATE: April 2, 20�o AMOUNT OF BOND: $194,s79.00 BOND NUMBER: ses�so2s PREMIUM: Included in the Faithful Pertormance Bond 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 PRlNCIPAL; and the corporatfon named on Line 3 of Page 1 hereof, a corporation authorized to do bustness in the State of Calffomia and presently possessed af authority under T�le 6 of the United States Code to do business under Sedion fi to 13 thereof in the aggregate amounts hereaf. hereinafter referred to as SURETY; are jointly and severely held and firmly bound unto and all materialmen� persons, companies or oorporations fumishing materials, provisions, provender or other supplies used� in, upon, for or about the performance of the work contracted to be executed oc performed under ihe terms of that certain SUBUiVIStUN IMPR4VEMENT AGREEMENT hereinafter mentioned and all persons, companies or corporations renfing or hiring teams or implements, or machinery, for contributing to said work to be done, all persons who performed wortc or labor upon the same, and aU persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, welt and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and as5igns, jointly and severally, fir��ly by these presents. THE CONDITION OF THE OBLIGATION is such that whereas the above- bounden PRINCIPAL. has ente�ed into a SUBDNISION IMPROVEMENT AGREEMENT with the City of Palm Desert, a municipal cot�poration of the State . . of Califomia, hereinafter referred to as CITY, for the construction of public improvements in the subdivision named on Line 1 of Page 1 hereof, which sa�d SUBDIVISION 1MPROVEMENT AGREEMENT is by this reference incorporated � herein: NOW, THEREFORE, ff the above-bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor or subcontractors, fatls to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the perfamance of the wo�1c contrac�ted to be done, or for any woric or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work for labor, SURETY on this bond w�l pay the same, in an amount not exceeding the sum specified in tf�is bond, and also, �n case suit is brought on thEs bond, a reasonable aaorney s tee which shall be awarded by the court to the prevailing party In said suit, said attomey's fee to be taxed as costs in said suit and to be included in the judgment therein r�endered. This bond is executed and fi{ed to comply with the provisions of the Subdivision Map Act; and af) CITY ordinances, resolutions, rules and regulations supplemental thcreto; and all amendments ther�!o; and shalf inure to the benefit of any and all materialmen, persons, oompanies or corporations entitled to file claims under and by virtue of the provisions '�e:�o`. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instn►ment the date mentioned on Line 4 of Pa�� 9 hereof. , ') KB fit�I�tE Coastal Inc. � � � PRFNCIPAL•S SIGNATURE RINCf L'S SIGNATURE /fi�C�vA�c. � F/L'��n,.��v� �'r. PRINT NAAQE PRINT NAME (/P L.o� ,F Fo R w.t�C.a f�.,w,vi�va TlTLE 8 COMPANY NAME TITLE 8 COMPANY NAME The c;ontinental insurance Company suRETrs s�GNATURE � - , ��1—��..:. SURETY'S SIGNATURE Maria Pena, Attomey-in-Fact (Notarial adcnowledgement of executton by ALL PRINCIPALS and SURETY must be aHached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of Riverside On April 5. 2010 before me, Richard R. Keller, Notary Public, personally appeared Michael H. Freeman. Jr., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a�e subscribed to the within instrument and acknowledged to me that he/s�e�►e� executed the same in his/� authorized capacity(ies), and that by his/�er�e� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' ,_-�..rv.,>.,• .a..r..ce...r,�..s, ..•...�r.� L�/� 1'�_ /Gf/� ,�� . :��'_ :. : . �': .. :; ' � -� � � � - „ Richard R. Keller ; : ��:� '��' .. , � � ,r-•: ., .. • �..,� ..;,-,., . . _� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Catifornia County of Los Angeles On April 2, 2oio before me, Tracy Aston, Notary Public, personalty appeared Maria Pe�ia, who proved to me on the basis of sat�sfactory evidence to be the person(s) whose name(s) is/a�e subscribed to the within instrument and acknowledged to me that �e/she/##�e� executed the same in #�is/herl� authorized � capacity(�es), and that by#�s/her!#�e�� signature(s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. TRACY ASTOtJ .j�"' '-, Comm�ssion # 1 739959 G�� -� Nototy Pub''c-Caiilornla � �,(�/G��,, , f ' p.: ` los Mge ee Counly �7 � �C�m��Ma�r 15.2011 Tracy Aston POWER OF ATfORNEY APPOINTIN(:1NUlvWuwl.w'1'lvtttv�Y-�-rw�i . Kaow All Me�By 1'rese Pnaents,That The Continc�tal ln�uaooe Cort�anY.a South Carolina oorporation,and Fircanai's Inauawe Co�any of , Newirk,New Jauy,a New lasey oorpoiadon(herein called"Ibe CIC Con�nia'�.are duly orgaaized and existimg c�rporations having thar pr�cipal of�ica ia the City of Chicago,and SUte of Illinois,and that they do by virtue of W�sigaatures and seals haein aBixed hereby make,con�itute and appoint Muta Pena, Ed�vArd C Spector, List L Thoruton, Tracy Aston, C K Nalcimura, E S Aibreeht, Jr, Tom BranfSan, Clarice Lce,MArina TaQia,Joyce Herrin,Individualiy of Los Mgda,CA,their true and lawti�l Anomey(s}in-Fact with full poaer�d wthority hveby confared w sign,sal and execute for and on theu be}Wf bonds,�mdatakings and olher obligatory instruma�ts of similar os�m -In Unlimited Anaunts- �nd oo bind them thercby as fully aad to the sacne extau a�if such inatrurernu were signod by a duly wthorizad oPfioa of theQ corporations aod dl the acts of ssid Anomey,pursuaac to the authoriry haeby given ie heneby ratified and oonfmrbd. This Powa of Attorney is m�k�nd ezecuted ptuwaet ro and by authority ot 8re By-Lw arrd Raolutions,printed on d�e reverae hereaf.duly adopted,u irdicated,by the Bo�d:of Diroctors of the corporationa In Witaep Whereo[,the CIC C',o�ania have cauged thae p�nta to be:igned by their Senior Via Praideat aod d�eir corporate seais to be hereto affixed oa thia 13th day of April,2004. f.��j, " �� r� Yr y Tbe Conti�ntal Insuraace CompanY ' t,. Firemen's Inauraac�Coag�any of Newark,New Je:sey � g�' _ � s M � _ _ � r � �''•••.w,,,,. _�►� ,:�•�`� � �+�'''�• Michael Gengler Sanior ce Ptesident State of Illinois,Covnty of Cook,sz: On this 13tfi day of April,2004,bef'ore me personally art�e Michal Geagla to me In�ovm,who.being by mo duly awom.did depose and ssy. that be raida a�the Ciry of Chicago.State of Illinoir,that he i:a Seniar Vice p�ident of The Coatineatal ln�uan�x Coaq�ny.�South Carolina corporatio4 aad Firemen'a lneurance Company of Newaric,New]asry.a New Jexaey corporation dactibed'm wd which exaa�ted t6e above inetruma�t;that he luwws the salr of said corporatio�;dut die sal:�tt'ixed to the aid in�srwoeat a�e wch corporate ual�d�t tbey were ao aff xed pu�ant t�wd�ority given by the BoQd:of Direetors of raid carparations and th�t he signed his name thereto p�rwa�to 1�7ce wthority,aod aclaw�wlodga sKae to be the acx and deed of s�id corporations. OF�K�AL 8EAL • Elli�PFtICE � ,///�" _ ' �wwwwatw�v�uaa+ waor�eMMw�e wnww My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mery A.Ribikaaslda,Assistaat Secrdary of'[be Contaxnal Ins�ance CompanY,a South Carolma carporation,and Fir�enrn's Insiaaooe CaanpanY of Newaric,New IerseY.a New)vsey eolporatim do�a�eby oatify tlut t�e PoaKr of Aaanry her+ein abore set forth is aW!m forc�and �oatify that the By�I.aw and Re�oludon of the Board of Directors of the caparatioa�pintad4n�reverae heroof is�1 in faoe. In tatimony whqeo(I have ha�u�o eubsaibod my wme and afTi�ced tbe seal of the�aid owponaiom dtis �n day of A p r i 1 1UlU f ��ly ••• �� • �''�' Tbe Contiuenttl Ina�t[aOce Co�any : • Firemen's Inauauce Company of Newuk,New Jersey : � : � �� _ � � ';� /� -.�..�� • - � Mary A. �7ca Asaiahat Sa�ry Fozm F6850-t L/2001 Company Profile Page 1 of 2 Company Profile C�NTINENTAL INSURANCE COMPANY (THE) CNA 333 S. WABASH, 28TH FL. CHICAGO, IL 60685 800-262-4554 Agent for Service of Process JERE KEPRIOS,C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES,CA 90017 JERE KEPRIOS,C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES,CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 35289 NAIC Group #: 0?18 California Company ID#: 2270-7 Date authorized in California: January Ol, 1978 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: PENNSYLVAMA L.ines of Insurance A,uthorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE hHn•//intPrartivr wPh inci�ranrP ra onv/wPhiicPr/i�h rn nrnf i�tl oPt rn nrnf7n F�11=Fi(1(1R d/7/7(11(1 Company Profiie Page 2 of 2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEH[CLE WORKERS'COMPENSATION Company Complaint Information Company Enforcement Action Doc�inients Company Performance_&Comparison Data Co.mposite_Complaint_Stuc�ies Want More? Help Me Find a Companti Representati��e in M�• Area Financiai Rating Organizations Last Revised-June 26,2009 05:53 PM Copyright�Califomia Deparnnent of Insurance httn•//intPrartivP wPh inci�ranrP�a v�v/wPh��cPr/ic�h rn nr�f �itl ort �� nrnf'�n FTT�--(()()R 4/7/2n1 n SUBDIVI310N IMPROVEMENT AGREEMENT DATE OF AGREEMENT: , 201,.�. NAME OF SUBDIVIDER: �lg 1-�OM� ,�r�v�eE��n� `�4c.r�o+w�� (referred to as "SUBDM ER"). NAME OF SUBDNISION: I�f I�14 �T o N C�o�rt,.T No. of Lots: 3,�. (referred to s"SUBDIVISION'�. TENTATNE MAP RESOLUTION OF APPROVAL NO.: �3? 5 (fM No:�k-3q�} (referred to as"Resolution of Approvai") IMPROVEMENT PLANS APPROVED ON: (referred to as"Improvement Plans"). ESTIMATED TOTAL COST OF 1MPROVEMENTS:a ��._ �,S� � ESTIMATED TOTAL COST OF M4NUMENTATION: � SUREfY: BOND NOS: Jr�� C'? �S SURETY: a..,-r� ..i�.,i r�� -.,i.�,c�,�.��v� -0R- IRREVOCABLE STAND-BY LETfER OF CREDIT NO. FINANCIAL INSTITUTION: -0R- CASH/CERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTRUTION: This Agreen�ent is made and entier�ed into by and betweeti the City af Palm Desert,a municipal corporation of the State of Califomia, hereinafber referred to as'CITY", and the SUBDIVIDER. RECITALS �� A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of Califomia and the CITY's ordinances and regulations�lating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regutations retating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the"Subdivision Laws". B. A tentative map of the SUBDIVIStON has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approva!of a final map that SUBDIVIDER must have complied with the Resolution ofApproval and must have either(a)completed, in compliance with CITY standards,all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. D. In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, wheneby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed SUBDIVISION. SUBDlVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attomey. aMruaw�i s9� —2— E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and app�oved by the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Enginee�. F. An estimate of the cost for construction of the public improvements and pe�Forming land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit"A"to this Agreement. G. CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in confoRnance with CITY standards in effect on the date of the Resolution of Approval. H. All public improvement monuments,street signs, and stakes as spec�ed on the final map are to be completed prior to final formal acceptance by the City Council. Individual property monuments must be installed within one year from the formal final Council acceptance of said SUBDIVISION. I. SUBDIVIDER recognizes that by approval of the final map for SUBDIVIStON, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION. As a r�esult,CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations to commence construdion of the improvements by the time established in this R►��i s9� —3— Agreement. CITY shall be entitied to all remedies available to it pursuant to this Agreement and law in the event of a defautt by SUBDIVlDER. It is spec�cally recognized that the determination of whether a reversion to acreage or rescission of the SUBDNISION constitutes an adequate remedy for default by the SUBDIVfDER shall be within the sole discretion of ClTY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVlDER and CITY agree as follows: (1) SUBDIVIDER's Oblipation to Construct Improvements. SUBDIVIDER shall: (a) Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. (b) Complete at SUBDIVIDER's own expense,all the public improvement work required by the Resolution of Approval in conformance with approved Improvement Plans within one year from date of execution of this Agreement;provided however,that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17) herein. (c) Fumish the necessary materials for completion of the public improvements in confoRnity with the Improvement Plans. (d) Acquire, or pay the cost of acquisition by CITY, and dedicate all rights- of-way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with negard 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 CIN. SUBDIVIDER shall also be responsible for obtaining �ue�n,�is�� _q_ any public or private sanitary sewer,domestic water,drainage,andlor utility easements or authorization to accommodate the SUBDIVtSiON. (e) Commence construction of the improvements by the time established in Section(22)of this Agreement and complete the improvements by the deadline staited in Section (1)(b) above, unless a time extension is granted by the CITY as authorized in Section (22). (� lnstall all SUBDIVfSION public improvement monuments required by law and prior to formal final acceptance of the public improvements by CITY. Individual property monuments shall be installec!within one year of said acxeptance. (g) Install street name signs conforming to CITY standards. Permanent street name signs shall be installed before acceptance of the improvements by CITY. (2) Acauisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land use development worlc contemplated by this Agr�eement is to be constructed o�installed on land not owned by ClTY or SUBDIVIDER,no construction or installation shall be commenced before: (a) The offer of dedication to CITY of appropriate rights-of-way. easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or (b) The dedication to, and acoeptance by, CITY of appropriate rights-of- way, easements or other interests in real property, as detert�nined by the City Engineer, or (c) The issuance by a oourt of competent jurisdictan pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall compty in all respects with the order of possession. �uB�wF�s�� _5_ Nothing in this Section(2)shall be construed as authorizing or granting an extension of time to SUBDIVIDER. (3) Secu ' SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by fu�nishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: (a) to assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and (b) to secure payment to any contractor, subcontractor, persons renting equipment, or fumishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and (c) to guarantee or warrarrty the work done pursuant to this Agreement for a period of one year following acceptance thereof by C1TY against any defective work or labor done or defective materials furnished in the additional amount of 10°� of the estimated cost of the improvements; and (d) SUBDIVI DER shall also fumish to CITY good and sufficient security in the amount of one hundred percent(100%)of the estimated cost of setting SUBDIVISION monuments as stated previously in this Agreement in Section(1)(fl for a period of one year plus thirty (30)days from formal acoeptance by the City Council. The securities requir�ed 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. tf any security is replaced by another �us��is� _6— approved security,the replacement shall: 1)comply with all the requiremerrts for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerlc and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. (4) Alterations to Improvement Plans. (a) Any changes, atterations or additions to the Imp�ovement Plans not exceeding ten percent{10%)of the original estimated cost of the improvements,which are mutuatly agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful perfoRnance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful perfoRnanoe as required by Section(3)of this Agreement for one hundred percent(100%)of the total estimated cost of the improvements as changed,alter�ed,or amended, minus any completed partial r�eleases allowed 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. CITY reserves the right to modify the standards applicable to the SUBDfVISION 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 SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. rtt�t�isv�, —7— (5) lnspection. SUBDIVIDER shatl at all times maintain properfacilipes and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, SUBDlV1DER may request a final inspection by the Cit�r Engineer, or the City Engineer's author'�zed representative. If the Cit�r Engineer,or the designated representative, determines that the woiic has been completed in accordance with this Agreement,then the City Engineer shall certify the comptetion of the public improvements to the City Council. No improvements shall be finaqy accepted by the City Council unless all aspects of the work have been inspected and completed in acco�dance with the lmprovement Ptans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIVIDER's readiness for such inspection and SUBDIVIDER shall not proceed with additional work until the inspection has been made and the worlc approved. SUBDNIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until acxepted by the City Council pursuant to Section (17) herein. (6) Release of Securities. The securities required by this Agneement shall be released as foUowing: (a) Security given for faithful pe�formance of any act, obligation,work or agreement shall be neleased upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. (b) The City Engineer may release a portion of the security given for faithful performance of improvement w�ork 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 w�rus�,�iss� _8_ 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 worlc. In no event shall the City Engineer authorize a�lease of the improvement security which would reduce such security to an amount below that required to guarantee the complet�on of the improvement work and any other obligation imposed by this Agreement. (c) Secur'ity given to secure payment to the contractor, his o� her subcontractors and to persons fumishing labor, materials or equipment shaU, at six (6) months after completion and acoeptance of the work, be reduced to an amount equal to no less than 125%of the total claimed by all claimants for whom liens have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security.The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. (d) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acoeptance of all the work and improvements by the City Council. (e) CITY may retain from any security released, an amount suf�icient to cover costs and reasonable expenses and fees, including reasonable attomeys'fees. (7) In�u[v to Public Imnrovements. Public Prouerty or PublicSltilities Facilities. SUBDIVIDER shatl reptace or repair or have repiaced or repaired, as the case may be,all public improvements, public utilities facilities and surveying or subdivision monuments w�ua�n�u sv� —9— which are destroyed or damaged as a result of any woric under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any w�oric 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 ClTY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval,of the City Engineer. (8) Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. (9) Default of SUBDNIDER. (a) Default of SUBDIVIDER shall include, but not be limited to, (1� SUBDIVIDER's failure to timely commence construction of tfiis Agreement; (2) SUBDIVIDER's failure to timely complete construction of the improvements; (3) SUBDNIDER's failune to timely cure any defect in the improvements; (4)SUBDIVIDER's failure to perfoRn substantial constn�ction work for a period of twenty (20) calenda�days after commencement of the wo�lc; (5) SUBDNIDER's insolvency, appointment of a receiver,or tfie filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty(30) days; RMPUB�DIEII S9T -1 O� (6) the commencement of a foreclosure acction against the SUBDIVISION or a portion thereof, or any conveyanc:e in lieu or in avoidance of foreclosure; or (7) SUBDIVIDER's failure to pertoRn any other obligation under this Agreement. (b) C1TY reserves to itseff all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the r'ght, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically reoognized that the estimated costs and security amounts may not refleet the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordanoe with the improvement plans and specifications cantained herein. In the event of SUBDIVIDER's defautt under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty(20)days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDlVIDER's sur+ety shall be liable to CiTY for any excess cost or damages occasioned CITY thereby. In such event,ClTY,without fiability for so doing,may w�usw�ism —11— take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site oi the work and necessary for performance of the work. (c) Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the bts in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addit�on to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choioe of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. (d) In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, attomeys, other professionals, and court costs. (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shatl not be construed as a waiver of that defauft or breach or any subsequent default or breach of SUBDIVIDER. (10) W rr n . SUBDIVIDER shall guarantee or warranty the woric done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDtVISION by the City Council against any defective work or labor done or defective materials fumished. If within the warranty period any work or improvement or part of any work or improvement done, fumished, installed, or construeted by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and speafications referred to herein,SUBDIVIDER shall wifhout delay and without any cost to C1TY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or reMrus�,�isq► —12— parts of the woric or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDiVIDER hereby authorizes CITY, at C1TY's option,to pertorm the woric finrenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, ClTY may, in its sole discretion, make the necessary repairs or replacement or perform the neoessary wo�lc and SUBDIVIDER shall pay to CITY the cost of such repairs. (11) SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. (12) Iniury to Wqrk. Until such time as the improvements are accepted by CITY, SUBDNIDER shall be responsible for and bear the risk of bss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fulfy completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the wo�1c or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. (13) Environmental Warrantv. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shalt certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the w�ua�,�i s� —13— property to be dedicated nor the SUBDIVIDER is subjeet to any existing, pending or threatened investigation by any federal, state or local govemmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any thirci party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or permitted the release of,and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent ta, or in the vicinity of, the property to be dedicated. SUBDIVlDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: (a) Any prooeeding or investigation by any federal, state or local govemmental authority with respect to the presence of any hazardous substance on the property to be dedicated or t�e migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; (b} Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any bss or injury resulting from any hazardous substance; and, (c) SUBDIVIDER's discovery of any occu►re�ce or condition on a�y property adjo+ning in the vicinity af the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restricdons on its ownership, occupancy, use for the purpose for which is it is intended,transferability or suit under any environmental law. tu�us�ou�is� —14— (14) OtherAgreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previousiy executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains,or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. (15) SUBDIVIDER'S Obli4ation to Wam Public Durin4 Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give good and adequate waming to the public of each and every dangerous condition existent in said improvements,and will take all reasonabie actions to protect the public from such dangerous condition. (16) Vestinq of Ownershiq. Upon formal final acceptsnce of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. (17) Final Acceptanoe of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendat�on of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty(60)days from the date the City Engineer oertifies that the woiic has been finally completed, as provided in Section (6}. Such acceptance shall not constitute a waiver of defects by CITY. (18) Indemniiv/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDNIDER, its agents,or employees,contractors and subcontractors in the performance of this Agreement. SUBDIVlDER further agrees to protect,defend,indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, RMPUB�WE\I597 —1 cJ_ agents and employees from any and all claims,demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDlVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement,except for such claims, demands, causes of action, liability, or loss arising out of the sole actNe negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold haRnless shall extend to injuries to persons and damages or taking of property resu�ing from the design or construction of said SUBDIVISION, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequenoe of the diversion of waters from the design and construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or constn�ction 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, untess the paracular improvement design was specfically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design,which objection indicated that the particular improvement design was dangerous or defective and suggested an altemative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine R�,ewi�is�, --16— maintenance. Provisions of this Section shall remain in full force and effect for ten (10) years following the ac�eptance by CITY of the improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that CITY 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. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attomeys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. (19) Personal Nature of SUBDIVIDER'S Obliaations. AIIofSUBDMDER's obligations under this agreement are and shall remain the personal obligations of SUBDIVIDER nofinrithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement,and SUBDIVIDER shall not be entitied to assign its obligations under this Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. (20} Sale or Discosition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities nequired by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Secction(18)for the worlc or improvement done by SUBDIVIDER. R��s�o�i s9� —17— (21) Time of the Essenoe. Time is of the essence in the pertormance of this Agreement. (22} Time for Commencement of Wo�lc: Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than six(6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the improvements hereunder may be extended for a period vr periods not exceeding a total of two(2)additional years. The extension shall be executed in writing by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agr�eement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY,act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of wortc,which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to fumish new security guaranteeing performance of this Agreement as extended in an increased amount as r�ecessary to compensate for any increase in construction costs as deteRnined by the City Engi�eer. (23) No Vesting of Riahts. Performance by SUBDIVIDER of this Agreement shalt not be constn�ed to vest SUBDNIDER's rights with respect to any change in any zoning or building law or ordinance. �ausw�,s9� —18— (24) Noboes. All notices required or provided for under this Agreement shall be in writing and del'roered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person,or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Califomia 92260 Attn: Public Works Director Notice to SUBDIVIDER: _� t; ��,•.�, ,�� ;.+�nr., C`�a�c i��r i n Tiv L n � s • W � �oo��ra�F C�A . S2 o I Notice to SURETY: (25) Comaliance With Laws. SUBDIVIDER,its agents,employees,contractors and subcontractors shall comply with all federal,state and local laws in the perfioRnance of the improvements and land development work required by this Agreement. (26) Severabilfir. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction,the remainder of the agreement shall remain in full force and effect unless amended or modfied by the mutual consent of the parties. (27) Ca�tions. The captions of this Agreement ar+e for convenienoe 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. RMPUB1DJE11597 _19_ (28} Litiaation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement,the prevaiiing party shall be entitled to litigation costs and reasonable attorneys' fees. (29) Incomoration of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (30) Entire Ac�reement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modfications,amendments,or waivers of the terms of this Agreement must be in wrfing and signed by the appropriate representatives of the parties. (31) Intemretation. This Agreement shall be interpreted in accordance with the laws of the State of Califomia. (32) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of Califomia. /// /// /// /// 'u"rue'°�"ss' —2 0— IN WITNESS WHEREOF,this Agreement is executed by the parties as of the date he�ei bo first written; by CITY, by and through its Mayor. �� I CITY OF PALM DESERT SUBDIVf D t��;�, ��r,`,�.,,� K a }�a,�.-�, ��v�.��i,.+�.� �� . B�/: SUBDIVIDER MAYOR (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) ATTEST: CiTY CLERK APPROVED AS TO FORM: CITY ATTORNEY w�uew�i s9� —21— MDS CONSULTING PLANNING,ENGINEER�NG.SURVEYING �Rv+NE/ U QUINTA COST ESTIMATE FOR BOND PURPOSES Tract No.34391 -Imperial Court,City of Palm Desert Site Improvements PREPARED: MARCH 30.2010 ITEM G}UANTITY UNiT UNIT COST COST ROUGH GRAD{NG: PM 10 DUST CONTROL 70 AC 2 000 00 20.000 6'HIGH COMB RETAINING/GARDEN WA:L 762 LF 85.00 64 77U TOTAL ESTIMATED ROUGH GRADING' S 84,770 S�7REETiMPROVEMEN7S 4"AC OVER 7"CLASS II AB PAVEMENT 15 030 SF 2 00 30.O6U 3`AC OVER 6"CLASS 11 AB PAVEMENT 27.345 Sf 1 75 37 354 TYPE 1(8")CURB 8 GUTTER 460 LF 10.00 4 600 7YPE 1(6'�CURB 6 GUTTER 2 310 LF 10 00 23�00 i YPE i CROSS GUTTER 3,395 SF 5 00 �6 975 PCC ACCESS RAMP 4 EA 1.000 00 4•� PCC DRIVE APPROACH 5,225 SF 5 00 26.725 PCC SIDEWALK :8,7'S SF 3 50 65.503 8"THICK CONCRETE DRIVEWAY 470 SF 5 00 2 350 ADJUST WA7ER VALVE TO GRADE 9 EA 500 00 4.500 ADJUST SEWER MANHOLE TO GRADE 4 EA 750 OQ 3.000 STREET NAME SIGN 2 EA 500 00 � D00 STOP SIGN,BAR AND LEGEND 2 EA 500 00 ' � BLUE RETRO-REFECTIVE MARKER 5 EA 50 00 250 5800 LUMEN STREET LIGHT 2 EA 2 500 00 5 000 TOTAI ESTtMATED STREET iMPROVEMENTS S 224,816 WATER IMPROVEMENTS t2"DIP WATER MAIN(INCLUDES FiTT�NGS) 29C �F 40 00 �1,600 8'DIP WATER MAIN(INCLUDES F�TTINGS) ' '75 LF 3U 00 35.250 12"RESIUENT WEDGE GATE VALVE 4 EA 1,500 OC 6,000 FiRE HYDR1INT ASSEMBLY 5 EA 3,000 00 �5,000 '"x3l4'RESfDEN71Al WA7ER METER 32 EA 400 00 �2 800 "'xi-12'►RRIGAT;ON WATER ME'ER Z � �� •� TOTAL ESTIMATED WATER�MPROVEMENTS S 81.650 Note CVWD Water Depos�t=54.491 TOTAL ESTIMATED CONSTRUCTION COST: S 391,236 NFONUMENTATION' ' :S 5 720 00 S 5,720 396 95& CONTINGENCY FEE'0% TOTAL CONTiNGENCY FEE S 39.696 TOTAI ESTIMATED PROJECT COST 5 436,632 �NIT PRICES USED HEREIN ARE BASED UPON EITNER CLIENT PROVIDEO �NFORMATION OR FROM BEST AYAIIABLE iNDUSTRY DATA AT THE 71ME OF PREPARATION. CONSUITANT ASSUMES NO Y FOR THE EXACTNESS OF SUCH UNIT PRiCES IN EITHER E O�P �ON Q,� `E� C. ,y '��, �'REPARED UN�ER THE SUPERV'SION OF �� t.� �9� ZC � `� No.20ra98 � T � � � �� # f Mar�h 30 2010 �STAN Y C MORSE E 205 f. C�y�` �� DATE EXP DATE 5�30��' � 'rFOF�A1.�F�Q► KB HOME- PAGE I OF ' G.108006\CEST�80ND\3-30•i0 'KiNGSTON COURr SITE IMYROVEMENTS SISE a.s TRACT 34391-IMPERIAL COURT r- � � W W Z � CO GP IT t � ANASTACiA iAME W � ` I ` t J d F I W � � � 4 � POR O POI � I IMPERIAL-COtJRT W IM►ERIAL-COURT E I � � � i I � � I KIN63TON COURT W KiNGSTON COtlRT E I W � J . � -- — Cp� � W t J I pETUH1A PLACE W W *ETU!!fA 9LItCE� � � d � ' , � � � � � CMINOOK CIRCLE CMINOOK C1RClE E � � � I � i j � I I I � � ' KOKOPEILi CIRCLE KOKOPEL�i CIRCLE f j I I -- -- --- -- - - - - �--• --- i . . . .- - -� ---. r-- - - -- --- - - -_ . _ .. Legend —' 1.3,381 Q � Circulation NerivoAc Streets Gty BounCary ❑ Parcels(7l2014) -- - -- - - -_-. � City Boundary �s , _ J I