AMENDMENT NO. 9 TO SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT NO. 32558
THIS NINTH AMENDMENT to the Subdivision Improvement Agreement for Tract No. 32558 (Amendment No. 9") is entered into this 30 day of Suptumbur, 2022, by and between PALM SPRINGS CLASSIC, LLC, a Delaware Limited Liability Company, ("Subdivider"), and the CITY OF CATHEDRAL CITY, a Municipal Corporation ("City").
The Subdivider and the City are from time to time collectively referred to herein as the "Parties".
RECITALS
WHEREAS, the City and Subdivider previously entered into that certain Subdivision Agreement for Tract No. 32558, dated November 9, 2005 (the "Original Agreement"), in connection with the development of Tract No. 32558, located at the North end of San Joaquin Drive, Westerly of the Whitewater River, and Easterly of the Escena development in the neighboring City of Palm Springs; and WHEREAS, the City and Subdivider amended the Original Agreement to extend the completion date of the public and private improvement work by entering into Amendment No. 1 to Subdivision Improvement Agreement for Tract. No. 32558 dated April 20, 2009 ("Amendment No. 1"); and
WHEREAS, the City and Subdivider thereafter further amended the Original Agreement and the above Amendment No. 1 by entering into Amendment No. 2 to Subdivision Agreement for Tract No. 32558 dated July 21, 2011 ("Amendment No. 2"); Amendment No. 3 to Subdivision Agreement for Tract No. 32558 dated June 6, 2012 ("Amendment No. 3); and Amendment No. 4 for Tract No. 32558, dated April 11, 2013 ("Amendment No. 4") and Amendment No 5 for Tract No. 32558, dated September 25, 2014 (Amendment No. 5), and Amendment No. 6 for Tract No. 32558, dated December 13, 2017, ("Amendment No. 6"); and Amendment No. 7 for Tract No. 32558 dated October 2, 2020 ("Amendment No. 7"); and Amendment No. 8 for Tract No. 32558, dated June 23, 2021 ("Amendment No. 8"); and
WHEREAS, Section 1.b of the Original Agreement, as amended by Amendment No. 1 and further amended by Amendment Nos. 2, 3, 4, 5, 6, 7 and 8 (such Original Agreement, as amended by Amendment Nos. 1, 2, 3, 4, 5, 6, 7 and 8, to be hereinafter referred to as the "Eighth Amended Agreement"), required that all of the public and private improvement work in and around said Tract No. 32558 was to have been completed by Subdivider by October 1, 2022; and
WHEREAS, some of the required public and private improvements were completed since the execution of the Original Agreement, but not all of the said improvements within said Tract No. 32558 were completed by the time limits specified in the above Amendments; and
WHEREAS, pursuant to the Grant Deed recorded on October 7, 2021, as Instrument No. 2021-0596434, in Official Records of Riverside County, California, ownership of all the lots within Tract No. 32558 was conveyed to EMP1, LLC, which Grant Deed is incorporated herein by this reference; and
WHEREAS, Paragraph 19 of the Original Improvement Agreement provides that upon the sale, transfer or other disposition of all or any portion of the subdivision prior to completion of the improvements, Subdivider may request a Novation of the Original Improvement Agreement, or other such release or assignment and assumption agreement and a substitution of securities by the new owner or assignee (hereinafter collectively for purposes of this section, "Successor"). Subdivider has requested that certain of its interests and obligations in Tract No. 32558 be transferred to and assumed by EMP1, and a Termination, Release and Assumption Agreement ("TRA") to this effect is being executed by EMP1 and Subdivider together with this Amendment No. 9; and WHEREAS, Subdivider has agreed to continue to be responsible for the completion of certain Public improvements within Tract No. 32558, namely the completion of all public improvements on and related to Diamond Road (Lot "A" of said Tract No. 32558) and in accordance with Paragraph 21 of the Original Improvement Agreement has requested an additional extension of time in which to complete said improvements; and WHEREAS, Section 21 of the Eighth Amended Agreement provides that for good cause, the time for commencement of the construction or completion of the improvements may be extended by the City Manager of City; and WHEREAS, there appearing to be good cause, the Parties hereto desire to extend the date for completion of the public and private improvements on Diamond Road within said Tract No. 32558 by the approval and execution of this Amendment No. 9 to the Eighth Amended Agreement.
NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Amendment No. 9 by this reference, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Subdivider hereby agree as follows:
1. Section 1.b of the Eighth Amended Agreement is hereby amended to read as follows:
1.b Complete at Subdivider's own expense, all the public and private improvement work on and related to Diamond Road, within Tract Map No. 32558 as required on the Tentative Map and Resolution of Approval in conformance with approved Improvement Plans and the City standards, including setting all required monuments, corners and survey markers thereon, by not later than October 1, 2023 (the "Amended Completion Date").
2. Section 2 of the Eighth Amended Agreement is hereby amended to read as follows:
2,a, To assure faithful performance and completion of all work and provement on Diamond Road, Subdivider shall provide a good and sufficient securit 1 a form approved by City, in the amount of Four Hundred Seven Thousand Dollar ($407,000.00). In lieu of new security, the present faithful performance bond in the amount of $764,249 (Bond # 839718-S) may be reduced to this new amount by Rider issued by the Surety in a form as approved by the City.
2.b. To assure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed on Diamond Road, Subdivider shall provide an additional security in the amount of Two Hundred and Three Thousand Five Hundred Dollars ($ 203,500.00). In lieu of a new security, the present labor and materials bond in the amount of $601,900 (Bond #839718-S) may be reduced to this new amount by Rider issued by the Surety in a form as approved by the City.
To assure the placement of survey monuments, lot corners, and centerline points and ties as required on Diamond Road, Subdivider shall furnish. a cash bond in the amount of $ 8,625.00.
The amounts of the above securities for faithful performance, for labor and materials and for setting of final monuments in Diamond Road, are based upon estimates which have been reviewed and approved by the City and are attached hereto as Exhibit "A".
All of the above securities shall be furnished by Subdivider concurrently with Subdivider's execution of this Amendment.
3. In the event that the existing surety bonds issued by Ohio Casualty Insurance Company are maintained by Subdivider, or reduced by Rider as outlined above, then concurrent with the execution of this Amendment No. 9, Subdivider shall submit to the City written consent to this Amendment No. 9 signed by an authorized representative of Such written consent shall (i) be attached to this Amendment No.9 and (ii) be accompanied by a current Power of Attorney/Attorney in Fact for the Surety with a notary's acknowledgement of Surety's signature; and (iii) state all of the following:
(a) Surety expressly affirms its obligation to keep all bonds furnished under Section 2 of the Eighth Amended Agreement and this Amendment No. 9 in full force and effect through:
(i) the Amended Completion Date (October 1, 2023); or
(i) any date(s) through which completion is extended as permitted under Section 21 of the Eighth Amended Agreement or as further amended by this Amendment No. 9; or
(iii) the running of any applicable statute of limitations to enforce the bonds, whichever of these three dates occurs last; and
(b) Surety expressly agrees to waive any default or defaults) of Subdivider (noticed or unnoticed) which may have occurred under the Eighth Amended Agreement; and
(c) Surety expressly agrees to all other modifications made to the Eighth Amended Agreement by this Amendment No.9.
4. In accordance with Section 19 of the Eighth Amended Agreement, Subdivider acknowledges and agrees that its obligations under the Eighth Amended Agreement, as amended by the provisions of this Amendment No. 9, remain in full force and effect as to the completion of all improvements on and related to Diamond Road, notwithstanding the change in ownership of the balance of the property within Tract No. 32558, which is now owned by EMP1, LLC..
This Amendment No. 9 shall only become effective as of the date all the following have occurred: (a). All parties have executed the TRA; (b). EMP1, LLC, has executed a new Improvement Agreement covering the remaining improvements within Tract 32558 and has provided bonds and securities satisfactory to the City; (c.) Subdivider has executed this Amendment No. 9 and has provided the improvement securities outlined herein, in a form as approved by the City.
Should any party fail to execute the above instruments and provide the required securities, and following any applicable cure periods, the TRA and this Amendment No. 9 shall be of no force or effect and Subdivider shall remain liable for the performance of all work on Tract 32558 under the term of the Original Agreement.
Full copies of the Original Agreement, and Amendment Nos. 1 and No. 2 thereto, were recorded in the Official Records of Riverside County, California as Instrument No. 2011-0358017 on August 15, 2011, and Amendment No. 3 was likewise recorded as Instrument No. 2012-0284132 on June 20, 2012, and Amendment No. 4 was likewise recorded as Instrument No. 2013-0272897 on June 7, 2013, and Amendment No. 5 was recorded as Instrument No. 2014-0386678 on October 9, 2014, and Amendment No. 6 recorded as Instrument No. 2017-0530120 on December 18, 2017, and Amendment No. 7 was recorded as Instrument No. 2020-0645208, on December 18, 2020,and Amendment No, 8 was recorded as Instrument No, 2021-0405225 on July 6, 2021.. All such documents are incorporated into and made part of this Amendment No. 9 by this reference.
Conditions and as thants searin ind he lgit Amended A greement Shall remaim in full force and effect.
IN WITNESS WHEREOF, the City and the Subdivider have executed this Amendment No. 9 on the year and day first written above.
"SUBDIVIDER" "CITY"
PALM SPRINGS CLASSIC, LLC CITY OF CATHEDRAL CITY
a Delaware Limited Liability Corporation a Municipal Corporation By: Lennar Homes of California, LLC.,
a California Limited Liability Company, By:
as Managing Member: Charles P. McClendon
City Manager
By:_
ATTEST:
Horkkey smith
Printed name
Tracey R. Hermosillo, CMC
vice President City Clerk
Title
APPROVED AS TO FORM:
el
City Attorney
APPROVED AS TO CONTENT:
Director of Engineering/Public Works
NOTARY ACKNOWLEDGEMENT
validity of that document.
sate alf inside
County of
On 09-30-2022 _ before me_ Kim Strutton
→ a
notary public personally appeared Geoffrey Smith
- who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf if which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KIM STRUTTON
Notary Public - California
Riverside County
Дана Му Со. xpre 4 24,2026 7 Commission # 2405490
- (SEAL)
Signature
EXHIBIT "A"
SUMMARY OF IMPROVEMENT SECURITIES REQUIRED
The following improvement security amounts are based upon estimates prepared by MSA Consulting, Inc. dated September 2, 2022, which are attached hereto.
Required security for faithful Performance: $407,000
Required security for labor & materials: $203,500
Required security for monumentation: $ 8,625
ENGINEER'S OPINION OF PROBABLE COST FOR TRACT NO. 32558
DIAMOND ROAD STREET AND STORM DRAIN REPAIR
Prepared for:
EMP1, LLC
4131 S Main Street
Santa Ana, CA 92707
Tract Map No. 32558
Project Location:
Escena
-in the City.of Cathedral City
September 2, 2022
MSA JOB # 1609
MSA CONSULTING, INC.
> PLANNING > CIVIL ENGINEERING > LAND SURVEYING
34200 Bob Hope Drive, Rancho Mirage, CA 92270
760.320.9811 msaconsultinginc.com
ONSITE IMPROVEMENTS
DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street and Storm Drain
Existing Block Wall Repair and Paint
To Match. LF 1,550 $20.00 $31,000.00
Slope and Landscape Regrading per
original Improvement Plan. SF 17,914 $4.00 $71,656.00
Remove and Replace Broken,
Chipped, or Cracked Wedge Curb
and Sidewalk including ADA Access
Ramps and Truncated Domes. LF 250 $35.00 $8,750.00
Grind Existing Street 0.15' and Cap
with HMA PG70-10 1/2" Mix. (Includes
Crack Seal SF 63,052 $3.50
$220,682.00
Clean Catch Basins and verify
Integrity of Structure and Pipe. Add
Filter Baskets to Inlets. EA 2 $1,000.00 $2,000.00
Remove and Replace Tube Steel
Fencing at End of Diamond Road
and Along East Side of Diamond
Road, North of DWA Well Site. LF 435 $40.00 $17,400.00
Install Barrier and Signage at End of
Diamond Road per City and County
Standards. LS 2 $1,000.00 $2,000.00
Install Pipe Rail Gate at Easement
Road over Main Storm Drain Pipe
South of DWA Well Site. $500.00 $500.00
SUTOTAL OF STREET AND STORM DRAIN REPAIR $353,988.00
SUMMARY
DESCRIPTION
TOTAL COST
Summary
Street and Storm Drain Repair $353,988.00
SUTOTAL OF ALL IMPROVEMENTS $353,988.00
15% CONTINGENCY
$53,098.20
TOTAL
$407,086.20
Assumptions:
1 This estimate is based on current Diamond Road condition and punch list provided by City of Cathedral City Public Works Inspector.
2 The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/carrying costs, construction staking, soils testing, accounting or construction management. 3 MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown.
Executed in Triplicate
Bond No.: 024264567
Bond Fee: $1,018.00 / annum
FAITHFUL PERFORMANCE BOND
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 32558
(California Government Code § 66499.1)
DIAMOND ROAD IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, and Palm Springs Classic, LLC, a Delaware Limited Liability Company (hereinafter designated as "Principal"), have entered into Amendment No. 9 to Subdivision Improvement Agreement for Tract No. 32558 pursuant to California Government Code section 66462 whereby Principal agrees to install and complete certain designated public street improvements on Diamond Road, which said Amendment No. 9, dated November 4th. 2022 (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement, to furnish a good and sufficient bond for the faithful performance of said Agreement; and NOW, THEREFORE, we, the Principal and Liberty Mutual Insurance Company _ (hereinafter designated as "Surety"),
a corporation organized and doing business under and by virtue of the laws of California and duly licensed to transact surety business in the State of California, are held firmly bound unto the City of Cathedral City (hereinafter designated as "City") in the penal sum of Four Hundred Seven Thousand Dollars ($407,000.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Agreement or to the work or to the specifications.
Bond No.: 024264567
Bond Fee: $1,018.00 / annum
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on October 27 _ 2022
APPROVED AS TO CONTENT: PRINCIPAL:
City of Cathedral City Palm Springs Classic, LLC
A Municipal Corporation A Delaware Limited Liability Company By: Lennar Homes of California, LLC,
By. a California limited liability
Charles P. McClendon company, as Managing member:
City Manager
By: _
Geoffrey Smith/Vice President
APPROVED AS TO FORM: SURETY:
City of Cathedral City
By. Liberty Mutual Insurance Company
City Attorney Surety Company
APPROVED: Amenda Vurman- Aisina
City of Cathedral City Signature of Authorized Representative By. Amanda Turman-Avina, Attorney-in-Fact
Dir. Engineering/Public Works Printed name
175 Berkeley Street, Boston, MA 02116
Surety Address and City
(617) 357-9500
Contact Phone and E-mai
Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/ Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed.
2 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
on 11 - 04-2022 before me, Kim Strutton, Notary Public
(insert name and title of the officer
personally appeared Geoffrey Smith
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. KIM STRUTTON
Notary Public - California
Riverside County
Commission #2405490
My Comm. Expires May 24, 2026
Signature_ 5 Struttr (Seal)
Acknowledgment by Principal if Corporation or Limited Liability Company STATE OF California
COUNTY OF
→ a Notary Public in and for the
county and state aforesaid, do hereby certify that-
who as, _ signed the foregoing writing for
Palm Springs Classic, LLC
a corporation/LLC
has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation/LLC.
Given under my hand this day of - 2022
Notary Seal
(Notary Public)
My commission expires:
State of Texas
County of Harris
10187/0002
_, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Amanda Turman - Avina
Known to me to be Attorney in Fact of Liberty Mutual usurance Company the corporation described in and that executed the within and foregoing instrument, and known to md to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires May 7, 2023 Crackmand
Jessica Richmond Notary Public
JESSICA RICHMOND
NOTARY ID #128519389
My Commission Expires
May 07, 2023
Liberty This Power of Ahore like tep is of than named hornie ate therein stao authority lo Mutual. Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company Certificale No: 8204866 West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint.
Amanda Turman-Avina
all of the city of Houston , state of Texas _ each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowedge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of February, 2021.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
CORPORATE INSURANGE •CORPORATE CORPORATED®
1912 1919 1991 Sait Cary
By:
LSEM INDIANA ANTAND
David M. Carey, Assistant Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF MONTGOMERY
On this 15th day of February, 2021, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. (POA) verification inquiries, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
Commonwealth of Pennsyivania - Notary Seal
Teresa Pastella. Notary Public
currency rate, interest rate or residual value guarantees. Montgomery County terera Pastella My commission expires March 28, 2025 By:
Commission number 1126044
Not valid for mortgage, note, loan, letter of credit, Teresa Pastella, Notary Public olease call 610-832-8240 or email [email protected] Member, Pennsylvania Association of Notaries
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such altomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys- infact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th _ day of October 2022 SUALTY
AMERIGAN CORPORATE
1912 1919 1991 Rent cuts.
By:
MACHUSET ANTINOD
INDIANA Renee C. Llewellyn, Assistant Secretary
SHI LSEM
Marsh MSurety POA LMIC OCIC WAIC Multi Co_022021
Executed in Triplicate
Bond No.: 024264567
Bond Fee: Included in Performance Bond
LABOR AND MATERIAL BOND
SUBDIVISION IMPROVEMENT AGREEMENT
IRACT NO. 32558
(California Government Code § 66499.2)
DIAMOND ROAD IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, Palm Springs Classic, LLC, a Delaware Limited Liability Company (hereinafter designated as Principal") have entered into Amendment No. 9 to Subdivision Improvement Agreement fo ract No. 32558 whereby the Principal agrees to install and complete certain designate public street improvements on Diamond Road, which said Amendment No. 9, dated _ 20fk. (hereinafter designated as "Agreement"), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Cathedral City (hereinafter designated as "City") to secure the claims to which reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, the Principal and the undersigned as corporate surety (hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred Three Thousand Five Hundred Dollars ($203,500.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such 1 Bond No.: 024264567
Bond Fee: Included in Performance Bond
change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named herein, on October 27
APPROVED AS TO CONTENT: PRINCIPAL:
City of Cathedral City Palm Springs Classic, LLC
A Delaware Limited Liability Company
By. By: Lennar Homes of California, LLC,
Charles P. McClendon a California limited liability
City Manager
company, as Managing Member:
By:
Geoffrey Smith/Vice President
APPROVED AS TO FORM: SURETY:
City of Cathedral City
Liberty Mutual Insurance Company
By. Surety Company,
City Attorney
Amanda Vurman- Aină
APPROVED: Signature of Authorized Representative
City of Cathedral City
Hel Amanda Turman-Avina, Attorney-in-Fact.
By. Printed name
Dir. Of Engineering/Public Works
175 Berkeley Street, Boston, MA 02116
Surety Address and City
(617) 357-9500
Contact Phone and E-mail
Principal and Surety signatures must be notarized and Acknowledgment of Authorized Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3) originals must be executed.
2 ACKNOWLEDGMENT
A notary public or other officer completing this
validity of that document.
State of California
County of Riverside
on 11-04-2072 _ before me, Kim Strutton, Notary Public
(insert name and title of the officer)
personally appeared Geoffrey Smith
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies), and that by his/her/their 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 California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. KIM STRUTTON
Notary Public - California
Riverside County
Commission #2405490
My Comm. Expires May 24, 2026
Strutter
Signature (Seal)
Acknowledgment by Principal if Corporation or Limited Liability Company STATE OF California
COUNTY OF
1, _, a Notary Public in and for the
county and state aforesaid, do hereby certify that _
who as, signed the foregoing writing for
Palm Springs Classic, LLC
a corporation/LLC
has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation/LLC.
Given under my hand this day of _ 2022
Notary Seal
(Notary Public)
My commission expires:
State of Texas
ss:
County of Harris
on 10/87/3082
_ before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Amanda Turman- Avina
known to me to be Attorney-in Fact of M Derty Mutual usurance company the corporation described in and that executed the witten and foregoing instrument, and known to melto be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires May 7, 2023 Orchmind
Jessica Richmond Notary Public
5599895899555
JESSICA RICHMOND
NOTARY ID #128519389
My Commission Expires
May 07, 2023
This Power of Attorney limits the acts of those named herein, and they have no authority to Liberty bind the Company except in the manner and to the extent herein stated.
Mutuál. Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company Certificate No: 8204866 West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that erty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation du ganized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoi Amanda Turman-Avina
all of the city of Houston , state of Texas each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of February, 2021.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
ANAL CORPORATE CORPORATES -CORPORATEL
1912 1919 1991
SARA CHUSE OHIO HAH HAMPS
ANTON TH L LS3M INDIANA
David M. Carey, Assistant Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF MONTGOMERY
On this 15th day of February, 2021, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. note, loan, letter of credit, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
Commonwealth of Pennsylvania - Notary Seal 'ower of Attorney (POA) verification inquiries, Teresa Pastella. Notary Public
currency rate, interest rate or residual value guarantees. Montgomery County Terera Pastella My commission expires March 28, 2025 By:
Commission number 1126044 Teresa Pastella, Notary Public Member, Pennsyivania Association of Notaries please call 610-832-8240 or email [email protected].
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the Not valid for mortgage, President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shali appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys- infact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recgnizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shati be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th _ day of October 2022 CORPORATE INSURANCE CASUALTy INSURANCE
«CORPORATE «CORPORAT
1912 1919 1991 Rani wess
By:
ANTONO LSEM INDIANA Renee C. Liewellyn, Assistant Secretary Marsh MSurety POA LMIC OCIC WAIC Multi Co_022021