12 -
4 4
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE
800.00 21895000 7612
1,300.00 21896000 7612
1,300.00 21897000 7612
2,400.00 24281000 7612
INV DATE PO
INVOICE DTL DESC
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
CHECK RUN NET
VINTAGE ASSOCIATES INC 227326 12/14/2022 20230129 03312023 7,200.00 Invoice: 227326
5590 03/31/2023 EFT
Invoice: 010-54016
7,200.00 201 7612
EXTRA WRK -RMV TREES CITY MEDIANS 12/9/22
MAINTENANCE
CHECK 5589 TOTAL:
294 WILLDAN FINANCIAL SERVICES 010-54016 03/24/2023 03312023 FY 21/22 DISCLOSURE SERVICES
7,300.00 276 7440 BOND SERVICING
CHECK 5590 TOTAL:
5591 03/31/2023 EFT
Invoice: 55880
1848 EMPLOYEE BENEFIT SPECIALISTS, INC 55880 03/29/2023 03312023 231174 03/31/2023 PRTD
Invoice: 55834
192.31 101 2280
56 ALTURA CREDIT UNION 55834
176.00 101 2245
CHILD CARE PE 03/24/23
TAX DEFERRED CHILD CARE
CHECK 5591 TOTAL:
03/29/2023 03312023
CREDIT UNION PE 03/24/23
EMPLOYEE CREDIT UNION
CHECK 231174 TOTAL:
231175 03/31/2023 PRTD 1592 AMAZON CAPITAL SERVICES, INC. 1LNW-CNXF-61GY 02/01/2023 03312023 Invoice: 1LNW-CNXF-61GY
Invoice: 11PJ-9X7W-74PV
355.70 24281000 8000
1,579.11 24281000 8900
995.34 244 7887
3,679.62 244 8000
BOOKS,DVDS,COMPUTER ACCESSORYS,SNACKS ,
SUPPLIES
FURNITURE & EQUIPMENT
SPECIAL EVENTS
SUPPLIES
AMAZON CAPITAL SERVICES, INC. 11PJ-9X7W-74PV 02/01/2023 03312023 PENS
226.22 24281000 7910
548.93 24281000 7912
102.47
BOOKS,DVDS,COMPUTER ACCESSORYS,SNACKS, PENS
FOUNDATION -PROGRAMS
FOUNDATION -COLLECTION
E LL_YODER -UNDEFINED -UNDEFINED -UNDEFINED
24281000 7919 FOUNDATN-LITERARY LEGACY
397.05 24281000 8000 SUPPLIES
146.83 24281000 8012 SMALL TOOLS, FURN & EQUIP
288.46 244 8000 SUPPLIES
97.44 E LB_ELECT -UNDEFI NED -UNDEFINED -UNDEFINED
64,200.00
7,300.00
7,300.00
192.31
192.31
176.00
176.00
6,609.77
2,005.77
Report g e nerated : 03/30/2023 11 :26
User: anac Page 4
Program ID : apcshdsb
12 -
4 5
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET
INVOICE DTL DESC
24281000 7912 FOUNDATION -COLLECTION
198.37
E LB_FAMNITE-UNDEFINED -UNDEFINED -UNDEFINED
24281000 7914 FOUNDATION -READING CLUB
AMAZON CAPITAL SERVICES, INC. 17GX-VWGV-6F4C 03/01/2023 03312023 4 ,746.93 Invoice: 17GX-VWGV-6F4C
165.91 24281000 7910
1 ,648.62 24281000 7912
93.26 24281000 7919
159.09
BOOKS,DVDS,COMPUTER ACCESSORYS,SNACKS,
FOUNDATION -PROGRAMS
FOUNDATION -COLLECTION
FOUNDATN-LITERARY LEGACY
E LL_YODER -UNDEFINED -UNDEFINED -UNDEFINED
24281000 7919 FOUNDATN-LITERARY LEGACY
441.16 24281000 8000 SUPPLIES
64.39 24281000 8004 REPAIR & MAINT SUPPLIES
414.41 24281000 8012 SMALL TOOLS, FURN & EQUIP
308.09 24281000 8028 COMPUTER ENHANCEMENT
1,210.46 24281000 8900 FURNITURE & EQUIPMENT
233.00 244 8000 SUPPLIES
-20.53
E LB_ELECT -UNDEFINED -UNDEFINED -UNDEFINED
24281000 7912 FOUNDATION -COLLECTION
29.07 E LB_FAMNITE-UNDEFINED -UNDEFINED -UNDEFINED
24281000 7914 FOUNDATION -READING CLUB
PENS
Invoice: 1JQ1-L79P-3RG6
AMAZON CAPITAL SERVICES, INC.
-53.85 244
1JQ1-L79P-3RG6 03/01/2023 03312023 -53.85
CREDIT MEMO 1JQ1-L79P-3RG6
8000 SUPPLIES
231176 03/31/2023 PRTD
Invoice: 000019650574
231177 03/31/2023 PRTD
Invoice: 25507
Invo i ce: 25508
Rep o rt gene r at e d : 0 3/3 0/2 023 11: 26
User : anac
Program I D : apc s hdsb
395 AT&T
292 PATRICK S ROSS
PATRICK S ROSS
CHECK 231175 TOTAL: 13 ,308.62
000019650574 03/13/2023 03312023 1,083.86
SERVICE PE 3/12/2023 (BAN #9391019357)
1 ,083.86 10151000 7821 TELEPHONE
25507
575.00 21500690 7612
25508
575.00 10133310 7612
CHECK 231176 TOTAL: 1,083.86
03/23/2023 03312023 575.00
4TH QTR GATE MAINT/BATTERY BACKUP -FS #69 1/23
MAINTENANCE
03/24/2023 03312023
4TH QTR GATE MAINT/BELT -CITY YARD 1/23
MAINTENANCE
575.00
CHECK 231177 TOTAL: 1 ,150.00
12 -
4 6
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET
INVOICE DTL DESC
231178 03/31/2023 PRTD 924 H. W. BRANDS 2024RMWFDEPOSIT 03/28/2023 03312023 20,000 .00 Invoice: 2024RMWFDEPOSIT 2024 RMWF DEPOSIT
20,000.00 244 1230 PREPAID ITEMS
CHECK 231178 TOTAL: 20,000 .00
231179 03/31/2023 PRTD 1217 DOUGLAS BRINKLEY 2024RMWFDEPO SIT 03/28/2023 03312023 20,000.00 Invoice: 2024RMWFDEPOSIT 2024 RMWF DEPOSIT
20,000.00 244 1230 PREPAID ITEMS
CHECK 231179 TOTAL: 20,000 .00
231180 03/31/2023 PRTD 2860 CHARTER COMMUNICATIONS 0469884030923 03/09/2023 03312023 984.48 Invoice : 0469884030923 SERVICE PE 4/8/23 (ACCT #8448-41 -007-0469884) 984.48 10151000 7824 COMMUNICATION MAIN/SERV
Invoice : 0261273031823
CHARTER COMMUNICATIONS 0261273031823 03/18/2023 03312023 . SERVICE 4/17/23 (ACCT #8448-41 -077-0261273)
30.87 21500000 7602 CABLE
CHECK 231180 TOTAL:
231181 03/31/2023 PRTD
Invoice: 5150385965
275 CINTAS DOCUMENT MANAGEMENT 5150385965 03/21/2023 03312023
46.52 10133310 8000
FIRST AID SUPPLIES -CITY YARD
SUPPLIES
CHECK 231181 TOTAL :
231182 03/31/2023 PRTD 13 COACHELLA VALLEY WATER DISTRICT 585910031023 03/15/2023 03312023 Invoice: 585910031023 SERVICE PE 3/10/2023 (ACCT# 316055-848582)
92.17 28600000 7606 WATER
COACHELLA VALLEY WATER DISTRICT 758448-03172023. 03/24/2023 03312023 SERVICE PE 3/17/2023 (ACCOUNT #298439-758448) Invoice: 758448-03172023
40.65 24281000 7606 WATER
Invoice: 567722 -03172023
COACHELLA VALLEY WATER DISTRICT 567722 -03172023 03/24/2023 03312023 SERVICE PE 3/17/2023 (ACCOUNT #214945-567722)
391.59 24281000 7606 WATER
CHECK 231182 TOTAL :
30.87 1,015.35
46. 52
46.52 92.17
40.65 391. 59
524 .41
231183 03/31/2023. PRTD 1759 DEMO UNLIMITED INC 1410-RETENTION 01/06/2023 03312023 Invoice: 1410-RETENTION CP22 -378 -RETENTION PAYMENT
11 ,851.56
11,851.56 101 2050 RETENTION PAYABLE
Report generated: 03/30/2023 11:26
User: anac Page 6
Program ID: apes hds b
12 -
4 7
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME
231184 03/31/2023 PRTD 1611 DELORES SCHIMKE
Invoice: 55812
231185 03/31/2023 PRTD
Invoice: 910034196
Invoice: 910034375
Invoice: 910034241
403 EMCOR SERVICE
EMCOR SERVICE
EMCOR SERVICE
INVOICE
55812
495.00 10133300 8012
INV DATE PO CHECK RUN
INVOICE DTL DESC
CHECK 231183 TOTAL:
02/28/2023 03312023
PURCHASE/INSTALL BLINDS -CITY HALL OFFICE
SMALL TOOLS, FURN & EQUIP
CHECK 231184 TOTAL:
910034196 03/20/2023 20230125 03312023
CHILLER TESTING -LIBRARY
4,621.00 24281000 7612 MAINTENANCE
910034375 03/27/2023 20230125 03312023
HVAC MAINTENANCE--LIBRARY 3/1/2023
2,413.91 24281000 7612 MAINTENANCE
910034241 03/22/2023 20230125 03312023
HVAC MAINTENANCE -LIBRARY 3/20/2023
2,780.00 24281000 7612 MAINTENANCE
CHECK 231185 TOTAL:
NET
11,851.56
495.00
495.00
4,621.00
2,413.91
2,780.00
231186 03/31/2023 PRTD
Invoice: 8-078-03170
24 FEDERAL EXPRESS CORPORATION 8-078-03170 03/24/2023 03312023 9,814.91
77.60 77.60 10142000 7486
EXP MAIL 3/10/23 -COMMUNITY FORUMS
COMMUNITY FORUMS
CHECK 231186 TOTAL: 77 .60
231187 03/31/2023 PRTD 1374 HINDERLITER DE LLAMAS & ASSOCIATE SIN026343 03/24/2023 03312023 2,126.09 Invoice: SIN026343 SALES TAX AUDIT SERVICES Q3 2022 (JAN-MAR 2023) 231188 03/31/2023 PRTD 1594 MEREWETHER LLC
Invoice: 2024RMWFDEPOSIT
231189 03/31/2023 PRTD
Invoice: 151311
Report generated: 03/30/2023 11: 26
user: anac
Program IO : apcshdsb
570 WAYNE BOYER
2,126.09 10174000 7400 PROFESSIONAL/TECHNICAL
CHECK 231187 TOTAL:
2024RMWFDEPOSIT 03/28/2023 03312023
2024 RMWF DEPOSIT
25,000.00 244 1230 PREPAID ITEMS
CHECK 231188 TOTAL:
151311
3,592.99 10141000 8020
03/29/2023 20230241 03312023
UNIFORM -SHERIFF
UNIFORMS
2,126.09
25,000.00
25,000.00
3,592.99
12 -
4 8
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN
INVOICE DTL DESC
CHECK 231189 TOTAL :
231190 03/31/2023 PRTD 2462 NUTRITIONFACTS.ORG 2024RMWFDEPOSIT 03/28/2023 03312023 Invoice : 2024RMWFDEPOSIT 2024 RMWF DEPOSIT
10,000.00 244 1230 PREPAID ITEMS
CHECK 231190 TOTAL:
231191 03/31/2023 PRTD 2852 ODP BUSINESS SOLUTIONS, LLC 300305366001 03/09/2023 03312023 Invoice: 300305366001 RTN MANILA FILES
-111.49 10151000 8000 SUPPLIES
ODP BUSINESS SOLUTIONS, LLC 302241976001 03/17/2023 03312023 Invoice: 302241976001 AIR FRESHENER/STORAGE BAGS/MOUSE/WRIST PAD
56.05 10151000 8000 SUPPLIES
ODP BUSINESS SOLUTIONS, LLC 302913857001 03/23/2023 03312023 Invoice: 302913857001 KLEENEX/PEN S/DISENFECTING WIPES/BADGES 287.10 24281000 8000 SUPPLIES
CHECK 231191 TOTAL :
NET
3,592.99
10,000.00
10,000.00
-111.49
56.05 287.10
231.66
231192 03/31/2023 PRTD 99999 AMY ODELL
Invoice: 55890
55890 03/29/2023 03312023 1,356.49
1,356.49 244 7887
231193 03/31/2023 PRTD
Invoice: 55884
99999 ANNETTE HARINGS CLIENT TRUST 55884
231194 03/31/2023 PRTD 99999 ANTONIO D LE MONS
Invoice: SR20230286
1,616.30 ·28000000 7400
SR20230286
500.00 600 7426
TRAVEL REIMBURSEMENT -RMEF WRITERS SERIES 10/28/22
SPECIAL EVENTS
CHECK 231192 TOTAL :
03/29/2023 03312023
LEGAL FEES
PROFESSIONAL/TECHNICAL
CHECK 231193 TOTAL:
03/24/2023 03312023
SOLAR REBATE
RESIDENTIAL SOLAR REBATE PRGM
CHECK 231194 TOTAL:
1,356.49
1,616.30
1,616.30
500.00
500.00
231195 03/31/2023 PRTD 99999 BRIAN APPLEGARTH SR20230279 03/2 4/2023 03312023 Invoice: SR20230279 SOLAR REBATE
500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
Report generated: 03/30/2023 11 : 26 Page 8
User: anac
Program ID: apcshdsb
12 -
4 9
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET
INVOICE DTL DESC
CHECK 231195 TOTAL: 500.00
231196 03/31/2023 PRTD 99999 DAVID H. KIM SR20230285 03/24/2023 03312023 500.00 Invoice: SR20230285 SOLAR REBATE
500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
CHECK 231196 TOTAL: 500.00
231197 03/31/2023 PRTD 99999 DEBRA GILSTRAP SR20230283 03/24/2023 03312023 500.00 Invoice: SR20230283 SOLAR REBATE
500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
CHECK 231197 TOTAL : 500.00
231198 03/31/2023 PRTD 99999 EDWARD MCLACHLAN SR20230288 03/24/2023 03312023 500.00 Invoice: SR20230288 SOLAR REBATE
500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
CHECK 231198 TOTAL: 500.00
231199 03/31/2023 PRTD 99999 JAMES ANGONE SR20230278 03/24/2023 03312023 500.00 Invoice: SR20230278 SOLAR REBATE
500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
CHECK 231199 TOTAL: 500.00
231200 03/31/2023 PRTD 99999 JAMES F. DEVENEY SR20230282 03/24/2023 03312023 500.00 Invoice: SR20230282 SOLAR REBATE
500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
CHECK 231200 TOTAL: 500.00
231201 03/31/2023 PRTD 99999 KATHIE BROWNE SR20230281 03/24/2023 03312023 500.00 Invoice: SR20230281 SOLAR REBATE 500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
CHECK 231201 TOTAL: 500.00
231202 03/31/2023 PRTD 99999 MARVIN HERSH SR20230284 03/24/2023 03312023 500.00 Invoice: SR20230284 SOLAR REBATE
500.00 600 7426 RESIDENTIAL SOLAR REBATE PRGM
CHECK 231202 TOTAL: 500.00
Report generated : 03/30/2023 11:26
User : anac Page 9
Program IO: apcshdsb
12 -
5 0
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME
231203 03/31/2023 PRTD 99999 STEPHEN TRAYLOR
Invoice: SR20230290
231204 03/31/2023 PRTD 99999 STEVE ROBINSON
Invoice : SR20230289
231205 03/31/2023 PRTD 99999 SUSAN G. ASTARITA
Invoice : SR20230280
231206 03/31/2023 PRTD 99999 WILLIAM LOCKLIN
Invoice: SR20230287
500.00 600
500.00 600
500 .00 600
500.00 600
231207 03/31/2023 PRTD
Invoice : 55858-KW
1812 PETTY CASH-ELIJAH ALEMAN
INVOICE
SR20230290
7426
SR20230289
7426
SR20230280
7426
SR20230287
7426
55858 -KW
3.39 24281000 7914
PETTY CASH-ELIJAH ALEMAN 55859-KW
Invoice : 55859-KW
16 .98 24281000 7914
PETTY CASH-ELIJAH ALEMAN 55860 -KW Invoice: 55860 -KW
10.99 24281000 7914
PETTY CASH-ELIJAH ALEMAN 55861-KW
Invoice : 55861-KW
11.83 24281000 8000
PETTY CASH-ELIJAH ALEMAN 55862-KW Invoice: 5.5862 -KW
8.60 INV DATE PO CHECK RUN
INVOICE DTL DESC
03/24/2023 03312023
SOLAR REBATE
RESIDENTIAL SOLAR REBATE PRGM
CHECK 231203 TOTAL:
03/24/2023 03312023
SOLAR REBATE
RESIDENTIAL SOLAR REBATE PRGM
CHECK 231204 TOTAL :
03/24/2023 03312023
SOLAR REBATE
RESIDENTIAL SOLAR REBATE PRGM
CHECK 231205 TOTAL:
03/24/2023 03312023
SOLAR REBATE
RESIDENTIAL SOLAR REBATE PRGM
CHECK 231206 TOTAL :
10/19/2022 03312023
VEGETABLE OIL
FOUNDATION -READING CLUB
11/23/2022 03312023
SNACKS FOR TEEN NIGHT
FOUNDATION -READING CLUB
11/23/2022 03312023
SNACKS FOR CHILDRENS BOOK DISCUSSION
FOUNDATION -READING CLUB
11/30 /2022 03312023
GREETING CARDS
SUPPLIES
12/15/2022 03312023
SUPPLIES FOR FAMILY NIGHT
E LB_FAMNITE -UNDEFINED -UNDEFINED -UNDEFINED
24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55863-KW 12/22/2022 03312023
Re por t gener ated : 03/30/2 023 11:26
Use r : a nac
Prog r am ID : apcshdsb
NET
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
3.39 16.98
10.99 11.83
8.60 4.48
12 -
5 1
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET
INVOICE DTL DESC
Invoice : 55863 -KW CANDY FOR STORYTIME CRAFTS
4 .48 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55864 -KW 01/13/2023 03312023 14. 35 Invoice: 55864 -KW MILEAGE
14.35 24281000 7800 MILEAGE
PETTY CASH-ELIJAH ALEMAN 55865-KW 01/13/2023 03312023 5.92 Invoice: 55865-KW CRAFT STICKS
5.92 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55866-KW 01/13/2023 03312023 46 .22 Invoice: 55866 -KW SUPPLIES FOR GINGERBREAD HOUSE EVENT
46.22 E LB_FAMNITE -UNDEFINED -UNDEFINED -UNDEFINED
24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55867 -KW 01/13/2023 03312023 4.99 Invoice: 55867 -KW OLIVE OIL
4 .99 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55868 -KW 01/13/2023 03312023 16.13 Invoice: 55868-KW GREETING CARDS
16.13 24281000 8000 SUPPLIES
PETTY CASH-ELIJAH ALEMAN 55869-KW 01/17/2023 03312023 31.94 Invoice: 55869-KW SNACKS FOR CHILDRENS WRITING CLUB
31.94 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55870-KW 01/17/2023 03312023 15.49 Invoice: 55870-KW SNACKS FOR TEEN BOOK CLUB
15.49 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55871-KW 01/20/2023 03312023 33 .38 Invoice: 55871 -KW SUPPLIES FOR CHILDRENS WRITING CLUB
33.38 24281000 7914 FOUNDATION -READING CLUB
Invoice : 55872-KW
PETTY CASH-ELIJAH ALEMAN 55872-KW 01/20/2023 03312023 3.48
SNACKS FOR CHILDRENS BOOK DISCUSSION
3.48 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55873 -KW 01/20/2023 03312023 16 .06 Invoice: 55873-KW SNACKS FOR CHILDRENS BOOK DISCUSSION
16.06 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55874 -KW 01/23/2023 03312023 5.39 Invoice: 55874 -KW PAPER PLATES
5.39 24281000 7914 FOUNDATION -READING CLUB
PETTY CASH-ELIJAH ALEMAN 55875 -KW 01/26/2023 03312023 9 .18 Invoice : 55875-KW SNACKS FOR CHILDRENS BOOK DISCUSSION
9.18 24281000 7914 FOUNDATION -READING CLUB
Report generated: 03 /30/2023 11 :26
User: anac Page 11
Program ID: apcshdsb
12 -
5 2
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV .DATE PO CHECK RUN
INVOICE DTL DESC
PETTY CASH-ELIJAH ALEMAN 55876-KW 02/16/2023 03312023
Invoice: 55876-KW TEMPERA PAINT FOR CRAFTS
2.13 24281000 7914 FOUNDATION -READING CLUB
Invoice: 55877-KW
Invoice: 55878-KW
PETTY CASH-ELIJAH ALEMAN
27.48 PETTY CASH-ELIJAH ALEMAN
55877-KW 02/27/2023 03312023
SNACKS FOR CHILDRENS BOOK DISCUSSION
E LB_FAMNITE-UNDEFINED -U NDEFINED -UNDEFINED
24281000 7914 FOUNDATION -READING CLUB
55878-KW 03/06/2023 03312023
6.51 24281000 7914
BULLETIN BOARD SUPPLIES FOR CHILDRENS ROOM
FOUNDATION -READING CLUB
CHECK 231207 TOTAL:
231208 03/31/2023 PRTD 2120 STEVEN K SALMACIA
Invoice: 15593
15593 03/30/2023 03312023
PIANO TUNNING PE 3/29/2023
231209 03/31/2023 PRTD . 1827 QUINN COMPANY
Invoice: WOG00016042
QUINN COMPANY
Invoice: WOA30001765
780.00
E LB_MUSIC -UNDEFI NED -UNDEFINED -UNDEFINED
24281000 7910 FOUNDATION -PROGRAMS
CHECK 231208 TOTAL:
WOG00016042 03/21/2023 03312023
TRBLSHOOT GENERATOR -CITY HALL 3/21/23
1,085.59 10133300 7612 · MAINTENANCE
WOA30001765 03/24/2023 03312023
SVC -CATERPILAR 930K LOADER 3/22/23
769.26 10132000 7634 EQUIPMENT MAINT & FUEL
CHECK 231209 TOTAL:
231210 03/31/2023 PRTD
Invoice: 23-43396
55 RIVERSIDE COUNTY CLERK AND RECORD 23-43396
50.00 10121000 7400
02/28/2023 03312023
RECORDING DOCS PE 2/28/23
PROFESSIONAL/TECHNICAL
CHECK 231210 TOTAL:
NET
2.13 27.48
6. 51
294.92
780.00
780.00
1,085.59
769.26
1,854.85
50.00 50.00
231211 03/31/2023 PRTD 147 RIVERSIDE COUNTY SHERIFFS DEPT SH0000042772 03/16/2023 03312023 695,873.55 Invoice: SH0000042772 LAW ENFORCEMENT BP#? 12/15/2022 -1/11/2023 695,873.55 10141000 7404 SHERIFF SERVICES
CHECK 231211 TOTAL: 695,873.55
Re port generated: 03/30/2023 11:26
User : anac Page 12
Program ID: apcshdsb
12 -
5 3
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT: 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN
INVOICE DTL DESC
231212 03/31/2023 PRTD 2883 SBA THE STEVEN BARCLAY AGENCY INC 2024RMWFDEPOSIT 03/28/2023 03312023 Invoice : 2024RMWFDEPOSIT 2024 RMWF DEPOSIT -R SAPOLSKY 231213 03/31/2023 PRTD
Invoice: 8615-1
231214 03/31/2023 PRTD
Invoice: 362385
10,000.00 244 1230 PREPAID ITEMS
2758 THE SHERWIN-WILLIA~S CO 8615-1
214 .42 24281000 8004
317 SIGNATURE PARTY RENTALS 362385
1 ,015.51 10157000 7875
CHECK 231212 TOTAL:
03/24/2023 03312023
PAINT -LIBRARY
REPAIR & MAINT SUPPLIES
CHECK 231213 TOTAL:
03/23/2023 03312023
2023 ARTIST STUDIO RECEPTION RENTALS
CULTURAL SPECIAL EVENTS
CHECK 231214 TOTAL:
231215 03/31/2023 PRTD 2931 SIMON AND SCHUSTER INC 2024RMWFDEPOSIT 03 /28/2023 03312023 Invoice: 2024RMWFDEPOSIT 2024 RMWF DEPOSIT -A FERRER
231216 03/31/2023 PRTD
Invoice: 842433-2
93 SMART & FINAL
6,250.00 244 1230 PREPAID ITEMS
842433-2
4.95 10151000 7806
CHECK 231215 TOTAL:
03/08/2023 03312023
SALES TAX
MEETINGS/TRAINING/TRAVEL
CHECK 231216 TOTAL:
NET
10 ,000.00
10 ,000.00
214.42
214.42
1,015 .51
1 ,015.51
6,250.00
6,250.00
4 .95
4.95 231217 03/31/2023 PRTD
Invoice: 4138797
131 SOUTH COAST AIR QUALITY 4138797 03/01/2023 03312023 151.85 Invoice: 4135872
231218 03/31/2023 PRTD
Invoice: 6035031623
Rep o r t ge ne rated: 03/3 0/2 023 11: 26
User : a nac
Program ID : apcshds b
LIBRARY AQMD FEE FY 20/21-FACILITY ID #169629
151.85 24281000 8700 MISC EXPENDITURE
SOUTH COAST AIR QUALITY 4135872 03 /01/2023 03312023 468.76 LIBRARY GENERATOR #Gl5772
468.76 24281000 8700 MISC EXPENDITURE
CHECK 231217 TOTAL: 620.61
61 SOUTHERN CALIFORNIA EDISON COMPAN 6035031623 03/21/2023 03312023 1,089.15 SERVICE PE 3/21/23 (ACCT#700100656035)
1,089.15 21500690 7603 ELECTRICITY
SOUTHERN CALIFORNIA EDISON COMPAN 3518031423 03 /21/2023 03312023 187. 52
12 -
5 4
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT : 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN
INVOICE DTL DESC
Invoice : 3518031423 SERVICE PE 3/14/23 (ACCT#700409463518) 187.52 201 7603 ELECTRICITY
SOUTHERN CALIFORNIA EDI SON COMPAN 5932031623 03/22/2023 03312023 Invoice: 5932031623 SERVICE PE 3/16/23 (ACCT#700310815932)
76.23 201 7603 ELECTRICITY
SOUTHERN CALIFORNIA EDISON COMPAN 1708032023 03/23/2023 03312023 Invoice: 1708032023 SERVICE PE 3/20/23 (ACCT# 700261401708)
15.31 201 7603 ELECTRICITY
SOUTHERN CALIFORNIA EDISON COMPAN 5336031923 03/23/2023 03312023 Invoice: 5336031923 SERVICE PE 3/19/23 (ACCT# 700013705336) 118. 50 201 7603 ELECTRICITY
SOUTHERN CALIFORNIA EDI SON COMPAN 6603032023 03/23/2023 03312023 Invoice : 6603032023 SERVICE PE 3/20/23 (ACCT# 700301966603) 2,995.14 24281000 7603 ELECTRICITY
SOUTHERN CALIFORNIA EDISON COMPAN 4922032023 03/23/2023 03312023 Invoice: 4922032023 SERVICE PE 3/20/23 (ACCT# 700457284922) 1,425.70 21892000 7603 ELECTRICITY
CHECK 231218 TOTAL :
231219 03/31/2023 PRTD 62 SOUTHERN CALIFORNIA GAS COMPANY 68187031723 03/21/2023 03312023 Invoice : 68187031723 SERVICE PE 3/17/2023
2,091 .11 24281000 7600 NATURAL GAS
CHECK 231219 TOTAL:
231220 03/31/2023 PRTD 233 STATE DI SBURSEMENT UNIT 55836 03/29/2023 03312023 Invoice: 55836 CHILD SUPPORT PE 03/24/23 126.92 101
STATE DI SBURSEMENT UNIT
Invoice: 55879
231221 03/31/2023 PRTD 1122 BRET STEPHENS
Invoice: 2024RMWFDEPOSIT
260.00 101
2260 CHILD SUPPORT
55879 03/29/2023 03312023
CHILD SUPPORT PE 03/24/23
2260 CHILD SUPPORT
CHECK 231220 TOTAL :
2024RMWFDEPOSIT 03/28/2023 03312023
2024 RMWF DEPOSIT
25,000.00 244 1230 PREPAID ITEMS
CHECK 231221 TOTAL:
Report generated: 03/30/2023 11:26
user : anac
Program ID: apcshdsb
NET
76.23 15.31
118. 50
2,995.14
1,425.70
5,907.55
2,091.11
2,091.11
126 .92
260.00
386.92
25,000.00
25,000.00
12 -
5 5
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT : 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME INVOICE
231222 03/31/2023 PRTD
Invoice : 2696711 -2
231223 03/31/2023 PRTD
Invoice: 55835
230 TAG/AMS INC/ EMPLOYEE DRUG TEST! 2696711 -2
84.00 10154000 7400
68 UNITED WAY OF THE DESERT 55835
8.85 101 2250
231224 03/31/2023 PRTD 2888 UNIVERSAL BUILDING MAINTENANCE, L 13960245 Invoice : 13960245
Invoice: 14044980
Invoice: 14044975
Invoice: 14044976
Invoice : 14044977
Invoice: 14044978
Invoice: 14044979
4,359 ,03 10133300 7612
931.56 10133310 7612
6 ;943.00 24281000 7612
412.64 24282000 7613
UNIVERSAL BUILDING MAINTENANCE , L 14044980
100.00 10172000 7494
UNIVERSAL BUILDING MAINTENANCE , L 14044975
100.00 107 7872
UNIVERSAL_ BUILDING MAINTENANCE, L 14044976
325 .00 10172000 7494
UNIVERSAL BUILDING MAINTENANCE, L 14044977
300.00 10172000 7494
UNIVERSAL BUILDING MAINTENANCE , L 14044978
350.00 10172000 7494
UNIVERSAL BUILDING MAINTENANCE, L _14044979
100.00 10172000 7494
231225 03/31/2023 PRTD 2446 UNIVERSAL GENERAL & ENGINEERING I 683 Invoice: 683
2,200.00 24281000 8900
Re por t ge ner a t ed : 03/30/2023 11 : 26
use r : anac
Pr og r am ID : apcshdsb
INV DATE PO CHECK RUN NET
INVOICE DTL DESC
03/23/2023 03312023 84.00
PYMT RE-ISSUE -CERT EXAM CCF:Y28937531 11/18/15
PROFESSIONAL/TECHNICAL
CHECK
03 /29/2023
UNI TED WAY PE 03 /24/23
DONATIONS -UNITED WAY
CHECK
231222 TOTAL:
03312023
231223 TOTAL :
84.00 8.85
8.85 03/02/2023 20230133 03312023 12,646 .23
JANITORIAL SVCS -CH/YARD/LIBRARY/OBSVTRY 3/23
MAINTENANCE
MAINTENANCE
MAINTENANCE
OBSERVATORY MAINTENANCE
03/30/2023 20230133 03312023
JANITORIAL SVCS -AMPHITHEATER 3/15/23
AMPHITHEATER PROGRAMMING
03/30/2023 20230133 03312023
JANITORIAL SVCS -FARMER'S MARKET 3/17/23
PUBLIC RELATIONS
03/30/2023 20230133 03312023
JANITORIAL SVCS -AMPHITHEATER SHOW 3/17/23
AMPHITHEATER PROGRAMMING
03 /30/2023 20230133 03312023
JANITORIAL SVCS -AMPHITHEATER SHOW 3/18 /23
AMPHITHEATER PROGRAMMING
03 /30/2023 20230133 03312023
JANITORIAL SVCS -AMPHITHEATER SHOW 3/19/23
AMPHITHEATER PROGRAMMING
03 /30/2023 20230133 03312023
JANITORIAL SVCS -AMPHITHEATER SHOW 3/20/23
AMPHITHEATER PROGRAMMING
100 .00
100.00
325 .00
300.00
350.00
100.00
CHECK 231224 TOTAL : 13,921.23
. 03/27/2023 03312023
CABINET FOR CHILDRENS RESTROOM
FURNITURE & EQUIPMENT
2,200 .00
12 -
5 6
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
CASH ACCOUNT : 999 1005 CHECKING
CHECK NO CHK DATE TYPE VENDOR NAME
231226 03/31/2023 PRTD
Invoice : 6871611
480 US BANK
INVOICE
6871611
3,657.50 716 7400
231227 03/31/2023 PRTD
Invoice: 17992 -415 -1
2798 VORWALLER & BROOKS INC 17992-415 -1
1,290.00 21892000 7612
INV DATE PO CHECK RUN NET
INVOICE DTL DESC
CHECK 231225 TOTAL: 2,200.00
03/24/2023 03312023 3,657.50
ADMIN & INCIDENTAL FEES (AD22-85) 3/1/23 -2/29/24
PROFESSIONAL/TECHNICAL
CHECK 231226 TOTAL :
03/20/2023 03312023
IN STALL MECHANICAL BOLTS -AMPHITHEATER
MAINTENANCE
CHECK 231227 TOTAL:
3,657.50
1,290.00
1,290.00
231228 03/31/2023 PRTD 2027 WASHINGTON SPEAKERS BUREAU, INC. WSBR-PI00013230 03/01/2023 03312023 4,542.87 Invoice : WSBR-PI00013230 2023 RMWF TRAVEL REIMBURSEMENT -D KEARNS GOODWIN 4,542.87 244 7910 FOUNDATION -PROGRAMS
231229 03/31/2023 PRTD 2881 WELTYS ENTERPRISES, INC
Invoice: 23 -52764
23-52764
1,285.94 10157000 7875
Invoice: 23-52802
WELTYS ENTERPRISES, INC 23 -52802
2,026.51 243 7839
WELTYS ENTERPRISES, INC 23 -52830
Invoice: 23 -52830
342.09 24281000 7839
WELTYS ENTERPRISE S , INC 23 -52831
Invoice : 23 -52831
108.87 10157000 7875
Report generated: 03/30/2023 11:26
user: anac
Program IO: apcshdsb
CHECK 231228 TOTAL:
03/16/2023 03312023
2023 ARTIST STUDIO SIGNAGE
CULTURAL SPECIAL EVENTS
03/18/2023 03312023
LIBRARY PROGRAM PRINTING
REPRODUCTION & PRINTING
03/18/2023 03312023
LIBRARY CARD APPLICATIONS
REPRODUCTION & PRINTING
03/18/2023 03312023
2023 ARTIST STUDIO BADGES
CULTURAL SPECIAL EVENTS
CHECK 231229 TOTAL :
4,542.87
1,285.94
2,026.51
342.09
108.87
3,763.41
12 -
5 7
City of Rancho Mirage
A/P CASH DISBURSEMENTS JOURNAL
Report gene rated: 03/30/2023 11 : 26
user : anac
Program ID: apcshdsb
NUMBER OF CHECKS 74
TOTAL PRINTED CHECKS
TOTAL EFT'S
.,
*** CASH ACCOUNT TOTAL *** 1,195,274.31
COUNT AMOUNT
56 909,779.61 rs 285,494 .70
*** GRAND TOTAL*** 1,195,274.31
13-1
TO:
FROM:
CITY Of-~ MIRAG~
~ ~ .
STAFF REPORT
Mayor and City Council
Leland Cole, City Engineer .
DATE: April 6 1 2023
SUBJECT: Extension of Completion Date for Tract Map No. 36809 -Del Webb Rancho Mirage
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council enter into the Amendment of Subdivision Improvement Agreement for Tract Map No. 36809 (Del Webb Rancho Mirage), which provides for the extension of the completion date until April 1, 2024. ·
JUSTIFICATION OR INFORMATION
BACKGROUND
Tentative Tract Map No. 36809 was proposed as a planned age-restricted (55+) active adult residential community of up to 1,025 residential dwelling units on approximately 320 acres located north of Dinah Shore Drive between Los Alamos Road and Bob Hope Drive as shown on the attached Vicinity Map (See Attachment 1 ).
Final Tract Map No. 36809, the project's sixth and final phase, will create 186 residential lots ranging from 0.1263 acres to 0.2896 acres, as well as 9 lettered private street lots and 12 open space lots and was approved by the City Council on April 1, 2021 . The agreement that the developer entered into with the City required that all improvements be completed no later than two years from approval date, which was April 1, 2023.
The Developer did not finish the improvements as required by the Subdivision Improvement Agreement (See Attachment 2).
The Developer is in the final stages of project completion; however, there is still work to be completed and the Developer has requested an extension of the required completion date until April 1, 2024 (See Attachment 3).
DISCUSSION:
Section 16.20.11 OB of the City's Municipal Code permits extension of the completion date by the City Council if a timely request is made and adequate evidence is provided to justify the extension.
AGENDA ITEM#
13-2
DATE: April 6, 2023 Page 2 of 2
Extension of Completion Date for Tract Map No. 36809 -Del Webb Rancho Mirage JUSTIFICATION OR INFORMATION CONTINUED:
If the extension is approved, the Code states that the sub divider shall enter into a subdivision improvement agreement extension with the City. In consideration of a subdivision improvement agreement extension, the following adjustments may be required:
a. Revision of improvement plans to provide for current design and construction standards. b. Revised improvement construction estimates to reflect current improvement costs. c. Increase of improvement securities in compliance with revised estimates. d. Additional inspection fees.
e. Any fees then in effect.
The Council may impose additional requirements as recommended by the engineer or as it may deem necessary as a condition to approving any time extension for the completion of subdivision improvements .
The developer has requested the extension so that he can complete the improvements per the attached construction schedule. The improvements for the Tract Map are to be completed by April 1 , 2024.
Staff supports the requested extension. Staff is not requiring any changes to the improvement plans, additional fees, securities, or inspection fees. Upon completion of the improvements, the project will be final inspected by the City and a punch list of necessary corrections will be generated. Upon completion of the punch list and acceptance of improvements by the City · Council, the project will be complete, and securities released.
Staff recommends that Council approve the attached Amendment of Subdivision Improvement Agreement which provides for the extension of the completion date to April 1, 2024 (See Attachment 4).
ATTACHMENT(S):
1. Vicinity Map
2. Subdivision Improvement Agreement
3. Extension Form and Supporting Documentation
4. Amendment of Subdivision Improvement Agreement
AGENDA ITEM#
13-3
ATTACHMENT 1
VICINITY MAP
(SEE ATTACHED)
13-4
TRACT MAP NO. 36809
30TH AVENUE
CITY OF
CATHEDRAL
CITY
VICINITY MAP
N.T.S.
GERALD FORD DRIVE
CITY OF
RANCHO MIRAGE
FRANK
LU a..
0 J.:
co
0 co
SINATRA
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Cle::
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0 ~
LU ::,
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PLANN ING > CIVIL ENGINEERING> LAND SURVEYING
34200 BOB HOPE DRIVE, RANCHO MIRAGE, CA 92270
760.320.9811 MSACONSULTINGINC.COM
J.N. 2031 SHEET 1 OF 1
13-5
ATTACHMENT 2
SUBDIVISION IMPROVEMENT AGREEMENT
(SEE ATTACHED)
13-6
SUBDIVISION IMPROVEMENT AGREEMENT
(Tract Map 36809)
agreement ("A g re em en t ") is made and entered into as of ;;,r:-er-P-1--1--1---' 2021, by and between the CITY OF RANCHO MIRAGE , a municipal co oration ("CITY") and Pulte Home Company, LLC, a Michigan limited liability company authorized to do business in California ("DEVELOPER"), with respect to the following :
A. DEVELOPER shall construct the following public improvements ("work") for the above -referenced property: streets, curbs, gutters, storm drains, sewer, water, walls, ·landscaping and any improvements associated with this deyelopment. au as described on Schedule A hereto .
B. CITY-approved plans and specifications for the construction of the work, which are incorporated herein by reference and prepared by: MSAConsulting, Inc., are identified as:
Tract Map 36809 (Title as appears on plans).
C. The following are attached hereto and made a part hereof: Schedule A, Schedule B. and Schedule c.
1. IMPROVEMENTS: For valuable consideration, DEVELOPER agrees to do , or cause to be done, at DEVELOPER'S expense and without any cost or liability to CITY, all of the work described herein by the date specified in Schedule A. DEVELOPER warrants that all of the materials supplied and work to be done will be of good quality and workmanship . Said work shall be in strict conformity with the plans and specifications of the work , the standard specifications and drawings for public improvements adopted by CITY and this Agreement.
DEVELOPER shall furnish all transportation, equipment, labor, services, permits, utilities and all other items necessary to complete the work. DEVELOPER shall pay all claims, demands and llability arising out of, or resulting from or in connection with, the performance of the work as provided for in this Agreement. DEVELOPER shall furnish accurate "as constructed" plans.
In addition, DEVELOPER shall, within thirty (30) days of acceptance of the work, set all final monuments in place for acceptance. DEVELOPER'S obligations herein are not limited by any cost estimates nor will any estimate be a measure of damages.
CITY in its sole discretion and without liability to CITY, City Council members , CITY'S engineer, and their consultants, and each of their officials, directors, officers, employees, and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY-approved cost estimate of the work for the reasons set forth herein. Changes, alterations, or additions in addition to said ten percent (10%) limitation may be made if to correct errors or omissions in the approved plans and specification and for unforeseen conditions such as but not limited to rock excavation, unstable soil conditions or high water tables requiring dewatering .
2. INSURANCE: DEVELOPER sha ll not commence or continue to perform any · work unless DEVELOPER has in full force and effect all insurance requ ired hereunder with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business, and have an agent for service of process, in California, and have an "A" policyholder's rating and a financial rating of at least Class V, in accordance with the current Best's Ratings. All insurance policies shall be maintained at DEVELOPER's expense until the
13-7
work is accepted by CITY and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the work herein, whether said causes or disputes are filed or brought to the attention of CITY before or after the termination of this contract.
Concurrent with execution of this Agreement, DEVELOPER shall provide certificate(s) of insurance and endorsements, satisfactory to CITY, or otherwise provide proof of insurance as approved by the City Attorney, certifying that DEVELOPER has and will maintain for the Agreement period, full worker's compensation insurance coverage as required by State laws, for all persons who are or may be employed in carrying out the work. This provision shall not apply if DEVELOPER has no employees performing work under this Agreement. If DEVELOPER has no employees for the purposes of this Agreement, DEVELOPER shall sign the Certificate of Exemption from Worker's Compensation Insurance, attached hereto as Schedule "C."
Concurrent with execution of this Agreement, DEVELOPER shall provide to · CITY certificate(s) of insurance and endorsements, satisfactory to CITY, or otherwise provide proof of insurance as approved by the City Attorney, certifying that DEVELOPER has general liability and commercial vehicle liability insurance coverage naming CITY, City Council members, CITY'S engineer, and their consultants, officials, directors, officers, agents and employees, as additional insureds for both bodily injury and property damage in a single limit of not less than that specified in Schedule A DEVELOPER shall ensure that the most current certificates of insurance and endorsements shall be delivered to and maintained by the CITY at all times . The requirements set forth in this paragraph shall survive expiration or sooner termination of this Agreement.
General liability and commercial vehicle liability insurance coverage shall include each of the following types of insurance as required by CITY to carry out this Agreement:
A. General Liability
1. Comprehensive Form
2. Premises-Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Operations Competed
6. Contractual Insurance
7. Broad Form Property Damage
Including Completed Operations
8. Independent Contractors
9. Personal Injury
2 B. Automobile Liability
1. Comprehensive Form , Including
Loading and Unloading
2. Owned
3. Hired
13-8
Concurrent with execution of any agreements between DEVELOPER and any subcontractors retained by DEVELOPER to perform any work required of DEVELOPER hereunder, and in any event prior to DEVELOPER authorizing any subcontractors to perform any such work or to even conduct any preliminary activities at the location of where the work is to be completed in preparation for or in anticipation of such work , DEVELOPER shall collect certificates of insurance and endorsements from all such subcontractors evidencing proof that all subcontractors have procured and will maintain all the insurance coverages required of DEVELOPER under this Agreement, and name as additional insureds the parties to this Agreement. DEVELOPER agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. ·
In addition to naming the CITY, City Council members , CITY'S engineer , and their consultants, officials, directors, officers, agents and employees, as additional insureds, as set forth above, the certificates of insurance and endorsements, including those provided by any subcontractor , provided either on forms required by the CITY or as otherwise approved by the City Attorney, shall bear the following endorsements: (1) each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by or reduced in coverage or limits (except by paid claims) unless the insurer has provided the CITY with thirty (30) days prior written notice of cancellation ; (2) the carriers of all required insurance policies must waive all rights of subrogation against the CITY _and its officers , employees, servants, volunteers, agents and independent contractors; and (3) except for worker's compensation insurance, if any , all insurance policies required to be provided by DEVELOPER must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance , primary or excess , maintained or available to the CITY, and its officers, employees, servants, volunteers, agents and independent contractors .
DEVELOPER shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and shall also be responsible for payment of any self-insured retentions. In the event DEVELOPER maintains insurance with broader coverage and/or limits of liability greater than those required herein , CITY requires and shall be entitled to the broader coverage and/or higher limits of liability maintained by DEVELOPER. Any insurance . proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY . The fact that insurance is obtained by DEVELOPER shall not be deemed to release or diminish the liability of DEVELOPER, including, without limitation , liability under the indemnity provisions of this Agreement. The duty to indemnify and hold the CITY harmless shall apply to all claims and liability regardless of whether any insurance policies are applicable . The policy limits do not act as a limitation upon the amount of indemnification to be provided by DEVELOPER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of DEVELOPER, its principals, officers, agents, employees, persons under the supervision of DEVELOPER, vendors, suppliers, invitees, sub-contractors, or anyone employed directly or indirectly by any of them .
Without limiting the generality of the forgoing, DEVELOPER agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project , DEVELOPER shall be responsible for any losses , claims , suits , damages , defense obligations, or liability of any kind or nature attributable to the CITY or its officers , employees , servants , volunteers, agents and independent contractors ; and all performance under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to 3 13-9
full force and effect and that the premiums therefor have been paid for a period satisfacto,y to CITY. Any failure to maintain the required insurance, including insurance required of any subcontractors or others involved in any way with the Project, shall be sufficient cause for CITY to terminate this Agreement.
All insurance certificates executed in connection with this Agreement, whether issued as DEVELOPER or any of DEVELOPER 's subcontractors as the named insured , shall be signed under penalty of perju,y under the laws of the State of California that all the information contained in the insurance certificates is true and correct , and such representation shall be made knowingly based on independent investigation and verification .
Nothing contained in these insurance requirements shall limit the liability of D~VELOPER or DEVELOPER'S sureties. Review and acceptance of insurance certificates shall not constitute any representation by CITY or its representatives that any required insurance has been issued.
3. DEVELOPER'S LIABILITY : DEVELOPER shall , at DEVELOPER'S sole cost and expense, be solely and completely responsible for all matters affecting the design, prosecution, progress, and completion of the work (both on and off the job site).
DEVELOPER shall be responsible for observing all laws . DEVELOPER shall provide for public convenience and safety of workers, including DEVELOPER'S workers, if any, and those of DEVELOPER'S subcontractors, suppliers and others contributing to the work .
DEVELOPER shall protect CITY property and property rights of others, including the location, maintenance, and replacement of utilities, whether shown on the plans or not.
DEVELOPER shall give prior notification to utility owners. DEVELOPER shall notify Underground Service Alert at 1-800-422-4133 at least 48 hours prior to start of construction .
DEVELOPER shall protect against and prevent drainage from storm runoff . DEVELOPER shall not interfere with easements, rights-of-way and encroachment permits. Nothing in this Agreement, the specifications , or other contract documents, or CITY'S approval of the plans and specifications or inspection of the work is intended to include CITY'S review , inspection , acknowledgment of or responsibility for any such matters. CITY, City Council members, CITY'S engineer, and their consultants and each of their officials , directors , officers, employees, and agents shall have absolutely no responsibility or liability for the above.
4. DEVELOPER'S INDEMNIFICATION: DEVELOPER shall defend, indemnify and hold harmless CITY, City Council members, CITY'S engineer and their consultants and each of their officials, directors, officers , agents and employees from and against all liability, claims, damages, losses , expenses and other costs , including costs of defense and attorneys' fees arising out of or resulting from or in connection with the design or construction of the work , both on and off the job site, and during and after completion, except for any such claim arising out of the sole or active negligence or willful misconduct of the CITY , its officers, agents, employees or volunteers. The indemnity provided above relates to liability, claims, damages , losses , expenses and other costs: (1) attributable to bodily injury, sickness, disease or death, or to inju,y to or destruction of property (other than the work itself), including the loss of use resulting therefrom, and (2) caused in whole or, or subject to the remainder of this paragraph, in part by any act or omission of DEVELOPER , DEVELOPER'S engineer, any subcontractor, any supplier , anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable. If any liability, claims, damages , losses, expenses and other costs are caused in part by any act or omission (active, passive or comparative negligence included) of a party indemnified hereunder, 4 13-10
DEVELOPER's indemnification obligations hereunder shall only extend to the proportionate share of such liability, claims, damages , losses , expenses and other costs caused by any act or omission of DEVELOPER, DEVELOPER'S engineer, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable. The indemnification and agreement to hold harmless provided for hereunder shall extend to damages to or taking of property resulting from the design or construction of said improvements or the diversion of waters or from the design or construction or maintenance of drainage systems, streets, and other improvements .
Acceptance of these improvements by CITY shall not constitute an assumption by CITY of any responsibility for such damage or taking .
As to any and all claims which fall within the indemnification provided for hereunder against the indemnified parties by any employee of DEVELOPER, any contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable , the indemnity obligations hereunder shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the DEVELOPER, subcontractor, suppLier or other person under workers '· compensation acts, disability benefit acts or other employee acts.
DEVELOPER shall also defend, indemnify and hold harmless CITY, City Council members, CITY'S engineer, and their consultants, and each of their officials , directors, officers, employees and agents from and against all losses, expenses, damages (including damages to the work itself), attorneys' fees and other costs, including costs of defense, which any of them may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying , planning, supervision, observation of or construction of the work referred to herein or any injury to a person or property, real or personal, as a result of any such latent defect or portions of the work which CITY reasonably suspects may also be defective by reason of such latent defects in the work performed by DEVELOPER or DEVELOPER'S subcontractors , or suppliers or designe9 by the;r representatives, except for any such claims arising out of the sole or active negligence or willful misconduct of the CITY , its officers, agents, employees or volunteers. Provisions of this paragraph shall remain in effect ten (10) years following acceptance of imp rovements by the CITY . Nothing contained herein shall limit CITY'S remedies pursuant to Code of Civil Procedure, Section 337 .15 .
The indemnity provisions contained in this Section shall survive expiration or sooner termination of this Agreement.
5. SECURITY: With the execution of this Agreement , DEVELOPER shall furnish and deliver to CITY , at no expense to CITY , a payment security, and a performance security.
Each shall be in the amount of CITY-approved estimate specified in Schedule A. Bonds shall be furnished by surety companies satisfactory to CITY, on the forms provided by CITY. No alterations or substitution of said forms shall be a llowed except on approval of City Attorney. To be acceptable, surety companies must be authorized to do business in, and have an agentfor, service of process in California, be on the accredited list of the United States Treasury Department, and/or have an "A" policyholder's rating and a financ;aI rating of Class V, or better , in accordance with the current Best's Rating. The bonds shall be limited to amounts acceptable to the Treasury Department.
None of the following shall in any way affect the obligations of any surety. Each surety waives notice thereof: (a) any change, extension of time , alteration or additions to the terms of the Agreement, or the work to be performed, or the plans and specifications therefor; (b) any 5 13-11
matters unknown to surety which might affect surety's risk, except that CITY shall advise surety upon request of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of DEVELOPER to comply with any written notice to correct defective work. The obligations of DEVELOPER shall not be limited by the amount of such bonds. ·
6. TYPES/AMOUNT OF SECURITY: If specified in Schedule A , in lieu of payment and performance bonds, DEVELOPER may furnish CITY either cash, a Letter of Credit, or an Agreement of Deposit or other security satisfactory to City Attorney as security for performance (see Schedule B). Said security shall be in an amount not less than 100% of the cost estimate and, in addition, for payment of those furnishing materials, labor or equipment in an amount not less than 50% of the cost estimate. Said security agreements shall be on forms furnished by CITY. No alterations or substitution of said forms shall be allowed. The obligations of DEVELOPER shall not be limited by the amount of the security required. No interest shall be paid DEVELOPER on any cash deposit made pursuant to this paragraph.
7. COSTS AND DEPOSITS: DEVELOPER agrees to pay CITY, on demand, the full amount of all of CITY'S costs incurred before, within or after acceptance in connection with the work and this Agreement. These costs include but are not limited to plan checking, inspection, materials furnished, attomeys' fees incurred in connection with preparing and negotiating this Agreement, and all other expenses, including engineers' and attorneys' fees of CITY, directly attributable to the work and this Agreement. These costs shall include a reasonable amount for CITY'S overhead in connection therewith, plus any applicable fees of CITY. CITY'S costs shall include the cost of inspecting and restoring other portions of the work both during and after acceptance which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by DEVELOPER or DEVELOPER'S contractors , subcontractors, or suppliers or designed by their representatives.
DEVELOPER shall deposit with the CITY, concurrently with the execution of this Agreement, such sums as the CITY established as deposits set forth in Schedule A. Should the actual expenses be in excess of the deposit set forth in Schedule A, DEVELOPER shall pay the amount of such excess on demand. Should the actual expenses be less than the estimated deposit in Schedule A, CITY shall refund the difference, without interest, to DEVELOPER within ninety (90) days of acceptance of work. CITY may terminate its activity herein if DEVELOPER fails to make additional deposits on demand. Said deposit is not a trust fund and said deposit may be co -mingled with other similar deposits.
8. PARTIAL UTILIZATION: Until all work has been completed and accepted by CITY and all other public authorities having jurisdiction, DEVELOPER shall be responsible for the care and maintenance of, or any damage to, the work.
When the work or any portion of it is sufficiently complete to be utilized or placed into service, CITY shall have the right, upon written notification to DEVELOPER, to utilize or allow the utilization of such portions of the work and to place or cause the placement of the operable portions into service. With this notice and commencement of utilization or operation by CITY or any other third party, DEVELOPER shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, s_uch use and operation shall not relieve DEVELOPER of the full responsibility for completing the · work in its entirety, for making good any defective work or materials, for protecting the work from damage by DEVELOPER, DEVELOPER'S engineer, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable, 6 13-12
and for being responsible for damage to the work by DEVELOPER, DEVELOPER'S engineer, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable . Nor shall such action by CITY be deemed completion and acceptance. Further, such action shall not relieve DEVELOPER or DEVELOPER'S sureties and insurers of the provisions hereof relating to indemnity and guarantees. ·
9. ACCEPTANCE OF PUBLIC IMPROVEMENTS : Acceptance of any public improvements constituting any of the work shall be by action of the City Engineer.
Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by CITY of any defects in the work . From and after acceptance, the public improvements constituting any of the work shall be owned, operated, and maintained by City.
As a condition to acceptance, DEVELOPER and DEVELOPER'S contractor shall certify to CITY in writing that all of the public improvements constituting any of the work have been performed in strict conformity with the Agreement and that all costs have been paid or supplied to CITY security, satisfactory to CITY, guaranteeing such performance .
DEVELOPER shall be required to maintain the payment bond in its full amount for up to six (6) months after CITY acceptance of the work. The payment bond shall secure payment to the contractor, sub-contractors , and to persons renting equipment or furnishing labor or materials. Following the six (6) month period , the payment bond may either be released or reduced to an amount no less than any claims on which an action has been filed and notice given to the CITY in writing .
In addition to DEVELOPER'S other obligations under the Agreement DEVELOPER warrants all work and materials to be good quality and fit for the purpose and intended use.
DEVELOPER shall also repair, replace , and restore any and all such work which may prove defective in workmanship and/or materials without expense whatsoever to CITY; ordinary wear and tear and unusual abuse or neglect excepted . DEVELOPER shall also repair , replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which CITY by reason of such defects reasonably suspects may also be defective. DEVELOPER shall provide a bond or other security satisfactory to CITY for a period of one (1) year to secure a portion of the obligations in this Section 9. Said bond or other security shall be in ~n amount satisfactory to CITY but in no case less than 15% of cost of the onsite and offsite work referred to on Schedule A. Said bond or other security shall in no way limit the time within which CITY may bring action for breach of this warrant (CCP 337) or action for latent defects (CCP 337.15) rior the amount of such claim or judgment.
In the event of a failure to commence with the compliance of above-mentioned conditions in this Se ct ion 9 within seven (7) calendar days after being notified in writing or failure to diligently pursue such compliance to completion, CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of DEVELOPER, who hereby agrees to pay the cost and charges therefor immediately on demand .
If, in the opinion of CITY , nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to CITY or to prevent interruption of operations, CITY shall attempt to give the DEVELOPER notice. If DEVELOPER cannot be contacted or does not comply with CITY'S request for correction within a _reasonable time as determined by CITY, CITY may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against DEVELOPER, who agrees to make payment for said costs upon demand.
7 13-13
Corrective action by CITY shall not relieve DEVELOPER or DEVELOPER'S sureties or insurers of the guarantees and indemnities of this Agreement.
This paragraph does not in any way limit CITY'S remedies pursuant to Code of Civil Procedure, Section 337 and 337.15, or the guarantee on any items for which a longer guarantee is expressly specified or on any items for which a manufacturer or supplier gives a longer guarantee period . DEVELOPER agrees to act as a co -guarantor with such manufacturer or supplier and shall furnish CITY all appropriate and available guarantee or warranty certificates upon completion of the work. No manufacturer's guarantee period shall in any way limit the liability of DEVELOPER or DEVELOPER'S sureties and insurers under the indemnity or insurance provisions of this Agreement.
10. EASEMENTS AND FEE INTERESTS: DEVELOPER shall , at DEVELOPER'S sole cost and expense, furnish CITY with appropriate easements and fee title as may be requested by CITY to required facilities sites for the entire work, free and clear of all liens, encumbrances, restrictions and covenants other than current real property taxes then a lien but not yet payable. At DEVELOPER'S cost and expense, DEVELOPER shall furnish CITY with an acceptable title insurance policy insuring CITY has title as above required with an endorsement insuring CITY against mechanics' lien claims arising out of the performance of the work. Easements shall be in standard form acceptable to CITY, shall be not less than the width CITY determines necessary to maintain the work, and shall be executed and delivered to CITY concurrent with execution of this Agreement. Easements shall be recorded prior to CITY accepting the work or furnishing services to any portions of the property under development (other than those as may be delivered under a temporary service agreement with DEVELOPER).
11. DEVELOPER AND AGENTS: DEVELOPER shall be as fully responsible to CITY for the acts and omissions in respect of the work of DEVELOPER'S subcontractors and of the persons directly or indirectly employed by DEVELOPER'S subcontractors as DEVELOPER is for the acts and omissions of persons directly or indirectly employed by DEVELOPER. To that end, DEVELOPER shall take such steps as are reasonably necessary to ensure that its subcontractors do not take any steps in relation to the work which would cause DEVELOPER to be in breach of this Agreement and to ensure that such subcontractors shall take such steps as are reasonably necessary to ensure that they do not tqke any steps in relation to the work which would causeDEVELOPER to be in breach of this Agreement. To that end, DEVELOPER shall bind every subcontractor to be bound by the terms of this Agreement, as applicable and appropriate. Nothing contained in the Agreement shall create any contractual relationship between any of DEVELOPER 'S subcontractors and CITY .
Consent is hereby given DEVELOPER to have the work performed by the California licensed Class A Contractor(s) named in Schedule A. DEVELOPER or DEVELOPER'S contractor may satisfy the requirements of this section by having, in lieu of said Class A license, ari appropriate alternate license as determined by CITY.
12. DEFAULT BY DEVELOPER: If DEVELOPER refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any written extension thereof, or fails to complete such work within such time, or if DEVELOPER should be adjudged a bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of · DEVELOPER'S insolvency, or if DEVELOPER or any of their subcontractors violate any of the 8 13-14
provisions of this Agreement, or if DEVELOPER fails to make prompt payment for materials or labor, or if DEVELOPER disregards laws, ordinances, or instructions of CITY, then CITY may thereafter serve written notice upon the DEVELOPER and DEVELOPER'S surety of its intention to declare this Agreement in default. Said notice shall contain the reasons for such intention to declare a default. Unless, within ten (10) days after the service of such notice, such violations shall cease and satisfactory arrangements for the corrections thereof be made (or in the case of any violation that would require more than ten (10) days to correct, DEVELOPER having commenced reasonably diligent steps towards correction within such ten (10) day period), this Agreement shall upon the expiration of said time be in default.
Upon this Agreement being in default as provided for herein , CITY shall serve written notice thereof upon the surety and DEVELOPER , and the surety shall have the right to take over and perform this Agreement. If the surety does not, within fifteen (15) days after the serving upon it of a notice of this Agreement being in default, give CITY written notice of its intention to take over and perform this Agreement or does not commence performance thereof within thirty (30) days from the date of CITY'S notice, CITY may take over the work and prosecute the same to the extent of completion it deems necessary by contract or by any other method it may deem advisable for the account and at the expense of DEVELOPER, and the surety shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event CITY may, without liability for so doing, take possession of, and utilize in completing such work, such materials, appliances, plants, and other property belonging to DEVELOPER that may be on the site of the work and be necessary therefor. Should surety fail to .take over and diligently perform the Agreement upon DEVELOPER being in default under this Agreement, surety agrees to promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of DEVELOPER'S obligations. For any such work the CITY elects to complete by furnishing its own employees, materials, tools, and equipment, CITY shall receive reasonable compensation therefor, including costs of supervision and overhead.
In the event that DEVELOPER is in default under this Agreement, CITY may, at its option, elect not to complete any or all of the work and may elect not to accept any of the work already completed. If CITY elects not to accept any of the work, then all CITY'S obligations under this Agreement to DEVELOPER and the lands to be served shall terminate. CITY'S obligations to DEVELOPER and the tands to be served shall continue to the extent of any acceptance, subject to CITY'S right to offset any sums due the CITY.
The foregoing provisions are in addition to ana not in limitation of any other rights or remedies available to CITY .
13. DELAY BY DEVELOPER: If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, DEVELOPER shall, at DEVELOPER'S sole cost and expense, remove and replace all or any portion of the work already completed and inspected which CITY, in its sole discretion, determines is or can be damaged as a result of being in place while the work is suspended or otherwise not continuously being prosecuted.
14. ATTORNEYS' FEES AND COSTS: Should CITY engage an attorney to enforce any provision of this Agreement or to defend any claim brought by anyone arising out of the failure of DEVELOPER to perform any of DEVELOPER'S obligations under this Agreement, DEVELOPER shall pay all of CITY'S attorneys' fees incurred in connection therewith, with or without suit, whether or not said attorneys are in the regular employ of the CITY.
9 13-15
15. REIMBURSEMENT: Provided DEVELOPER has fully complied with all the terms of this Agreement, CITY shall, without interest, reimburse DEVELOPER to the extent set forth on a separate Reimbursement Schedule. DEVELOPER accepts as the amount and conditions governing DEVELOPER'S entitlement to reimbursement and refund under CITY'S existing rules, regulations, ordinances , and policies. If no amount is specified in Schedule A, DEVELOPER is to receive no reimbursement from CITY.
16. FUTURE CHARGES: Nothing in this Agreement shall relieve DEVELOPER or DEVELOPER'S successors or assigns of any obligation to pay any connection, installation, expansion or other fees, charges, or other expenses, including operation and maintenance expenses, required under any present or future established ordinances, rules, regulations and policies of CITY.
17. ASSIGNMENT: The performance of the Agreement may not be assigned except upon the written consent of CITY. Consent wil I not be given to any proposed assignment which would relieve DEVELOPER, or DEVELOPER'S sureties of their responsibilities under the Agreement unless CITY finds that assignee can perform this Agreement and provide security comparable to that provided by DEVELOPER.
18. NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of actual receipt or deposit in the U.S . Postal Service, first class postage prepaid, addressed to DEVELOPER at the address set forth below, to the surety at the address in the security instrument , and to CITY at 69-825 Highway 111, Rancho Mirage, California 92270.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
13-16
CITY OF RANCHO MIRAGE
SUBDIVISION IMPROVEMENT AGREEMENT SIGNATURE REQUIREMENTS (Limited Partnership/ General Partnership/ Corporation)
1. WHERE PRINCIPAL IS A LIMITED PARTNERSHle
A. General Partner shall execute on behalf of the limited partnership.
B. General Partner shall furnish City of Rancho Mirage a copy of the recorded Certificate of Limited Partnership to authenticate the authority of the General Partner to sign on behalf of the limited partnership.
2. WHERE PRINCIPAL IS 8 GENERAL PARTNERSHIP
A . General Partner shall execute on behalf of general partnership .
B . General Partner shall furnish City of Rancho Mirage a copy of the General Partnership Agreement authenticating that the General Partner who signs the document has authority to do so.
3. WHERE PRINCIPAL IS A CORPORATION
A. Officer or officers shall execute on behalf of corporation.
B. Officers shall furnish City of Rancho Mirage a copy of a corporate resolution indicating that the officer or officers who sign the document are the officers of the corporation and authorized to bind the corporation to contract. Corporation requires two signatures.
For example , John Doe may sign on behalf of either partner-ship or the corporation as the General Partner and/or president thereof, but then, in addition, John Doe is required to sign the document individually as an individual obligor.
4. WHERE PRINCIPAL IS A LIMITED LIABILITY COMPANY (LLC) A. Agreement may be executed as follows:
1. By any member, unless the articles of organization or operating agreement provide otherwise;
2. By any manager; if LLC is manager-managed, unless the articles of organization or operating agreement provide otherwise; or
3. By any officer, if the operating agreement provides for the appointment of officers, unless the articles of organization or operating agreement provide otherwise.
B. The individual(s) executing the agreement shall provide certified copies of the LL C's articles of organization and operating agreement.
11 13-17
By :_......-,:;~~~JC!::..~'----t,µ...,:~c...::..tt -
(Auth rized Representative of CITY)
G. ana Hobart.Mayor
Approved as to form:
By ,b{.,;.. ~
Fer-Steven B. Quintanilla, City Attorney
u~ ~Q.\le-r ·t.lo~Cl~, ~N C.l'~ A.~
ATTEST:
Kristie Ramos, City Glerk
(SEAL IF CORPORATION)
SOHAIL BC)t(HARI
PULTE HOME COMPANY U.C
DirfflOl"ofuind
Pi.nnlng & Entftlemtnts
Address:d14o/ u ~ kTi> s ..JI: £/rJD
Nrss,oJ..J V1gfp cA t:iu'IJ
Telephone No . ~4q g30 l}r["3f
By: __________ ~--
Address: -----------
Telephone: __________ _
By: ___ -,--_______ _
Address: __________ _
Telephone No. ________ _
(SIGNATURES MUST BE NOTARIZED)
DEVEL
E :\Shared\RNCH\0005-42 Pulte Homes Project\DOC\5075 Pulte Home Compariy (T M 36809-6) (03 -08 -21 J docx
12 13-18
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary publi c or othe r offic er co mpleting th is ce rt ificate vet ifies only the ident ity of t he indiv id ua l who si gned the document to which th is cer tif ica te is attached , and not tl1e truthfu ln ess, accuracy , or val idit y of t hat do cum ent State of California
Coun t y of Orange }
on March 9, 2021 before me, ___ C_re_s_id_a_D_ia_z~,_N_o_ta_ry~P_u_b_li_c ________ ~ Date Here Insert Name and Title of the Officer
p e rsonally appea1·ed ___ S"--o~h~a~il~B~o~k=h=a~ri~---------------------- Name(s) of Signer(s)
who proved to me on .the basi s of sat isfactory evidence to be the person(s) whose name(s) is/a re subscribe d 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 ent ity upon behalf of which the person(s) acted , executed the instrument.
Pla ce N o ta ry Se al and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of Californ ia that the foregoing
paragraph is t r ue and correct.
W ITNESS my hand and o ffi c ial seal.
Signature -~~~~~~· -~/4 __ ' _____ _
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: SUbdivision Improvement Agreement Document Date : March 9, 2021 Number of Pages: ___ _
Signer(s) Othe 1· T han Named Above : _C_ity~o_f_R_a_n_c_ho_M_i_ra_g~e ______________ _ Capacity{ies) Claimed by Signer(s)
· Signer's Name : ~S~o~h"--ai~I =B~o~kh~a=r_i ______ _
□ Corporate Offic e r -Title(s): ______ _
□ Pa1·tner -□ Limited □ General
o Ind ividual □ Attorney i n Fact
□ Trustee □ Guardian or Conservator
li'.I Other: Jli.llisioo Vice President,.J..and..Acquisition Signer is Representing : Pulte/Centex Home s__
l&J 2019 National Notary Association
Signe r 's Name:
□ Co r porate Office1· -T it le(s): ______ _
□ Partner -o Limited □ General
□ Individua l □ Attorney in Fact
□ Trustee o Guardian or Conservator
D Other: ----------------
Signer is Representing : _________ _
13-19
SCHEDULE A
SUBDIVISION IMPROVEMENT AGREEMENT
This schedule is attached to and made a part of the Subdivision Improvement Agreement between CITY and DEVELOPER for the above-referenced property.
1. Completion Date: --Apa -/ 4 :2/::JiJ
2. General Liability
$2,000 ,000
$1,000
$1,000,000
$2,000,000
$2,000,000
Automobile liability
Combined Single Limit
Workers Compensation
Each Occurrence (Includes Bodily Injury and Property Damage) Medical Expense
Personal & Advertising Injury
General Aggregate
Products-Completed/Operations Aggregate
$1,000,000 each accident, $2,000,000 Aggregate
Statutory
3. Approved Security Amounts:
(To be posted prior to acceptance of improvements)
Grading Bond (Total Security minus Cash Deposit) $_~3c.-..,Oaa..a6"'""8 ... ,4"'""3=5"'""'.0'-"0 __ _ Performance (On-Site) (100%) $_-=2::.i.;,3=-1=--=8=,8"""7"""'0..:....:.0=-=0 __ _ Payment (On-Site) (50%) $ __ 1~1_5_9~4_35_._oo __ _
Performance (Off-Site) (100%) $_~N/~A-____,,----,---
Payment (Off-Site) (50%) $_---::...;,N/;.;._A"'-----~--
4. Bond Substitute Acceptable: Yes No
5. Deposit/Fee Amount See attachment to this schedule
6. Warranty/Performance (15%)
Security Amount ............................................ . $ 347,830.00 (To be in place at acceptance of work)
7. Contractor(s):
Name and Address
Reimbursement : $N/A
DEVEL
CLASS A
License No. Phase of Work
13 (If an amount is specified, see separate
schedul .
1tials of DEVELOPER or
EVELOPER REPRESENTATIVE
Date JJJr/: C/1fzU
13-20
ATTACHMENT TO SCHEDULE A
OF SUBDIVISION IMPROVEMENT AGREEMENT
Applicable fees/deposits payable by DEVELOPER prior to or concurrent with this agreement are as follows:
FEES NONREFUNDABLE
FEES REFUNDABLE
Plan Check Fee
(Final Map, Grading plan, Onsite Street
Improvement Plan, Hydrology Study)
Inspection Fees
(Grading, Offsite Improvements, & PM10)
Parkland Fees
CFD Annex Fee
TOTAL NONREFUNDABLE FEES
$43,654.00
$3 6,367.7 2
$38,264.8 5
$ N/A
$1 1 8,286.57
Cash Grading Deposit $2 0,000.00
TOTAL REFUNDABLE DEPOSITS $20,000.00
In accordance with Section 7 of this agreement, costs incurred by CITY in excess of deposit shall be billed to DEVELOPER; if less , CITY will refund. ~ . ·
~Initials of CITY REPRESEN ; Initials of DEVELOPER
( ) DEVftQ PER REPRESENTATIVE
Date J.AN: q ..ZOU
14 13-21
ATTACHMENT TO SCHEDULE A
OF SUBDIVISION IMPROVEMENTAGREEMENT
SECURITY CALCULATIONS
TM 36809 (Pulte)
Estimates for Bonding Purposes
Grading
Site Grading ($184,972.32 estimate x 30%, per
Municipal Code)
Landscaping and Irri gation
Reta inin g Wall/Block Wall
Subtotal
(-) Cash Deposit
Total Grading Bond
Onsite Improvements
Street Improvements (paving, curb and gutter, curb
inlet catch basins, sidewalk, cross gutter and
spandrel, curb ramps, street lighting , signing and
striping)
Storm Drain Im provements
Water and Sewer
Subtotal
(+) 15% contingency
Total Performance Bond (onsite improvements)
Offsite Improvements
Total Performance Bond (offsite improvements)
Payment Bond= 50% of Performance Bond
Total Payment Bond (onsite improvements)
Total Payment Bond (offsite improvements)
Warranty Bond = 15% of Performance Bond
Monumentation Bond
15 $ 55,491.00
$ 2,363,894.00
$ 669,050.00
$ 3,088,435.00
$ 20.000.00
$ 3,068,435.00
$ 837,566.00
$ 68,140.00
$ 1.110,703.00
$ 2,016,409.00
$ 302,461.00
$ 2,318,870.00
N/A
$ 1,159,435.00
$ N/A
$ 347,830.00
$ 50,000.00
13-22
Onsite Inspection Fees Due [$120 + 4% (first
$50,000 of Onsite Improvements Subtotal) + 3%
(remaining balance)]
Offsite Inspection Fees Due (4% of Offsite
Performance Bond Total)
Grading Inspection Fee (52 .67 acres)
Total Inspection Fees
16 $ 29,072.72
NIA
$ 7,295.00
$ 36,367.72
\.
13-23
BOND NO.: 30 12 2162
BOND FEE: $150.00
SCHEDULE B
BOND
PERFORMANCESECU~TY
SURVEY OF MONUMENTS
Map No. 36809
"Issue d in duplicate"
(California Government Code§§ 66499 and 66499 . 1)
WHEREAS, the City Council of the City of Rancho Mirage, a municipal corporation and political subdivision of the State of California ("City") and Pulte Home Company, LLC ("Principal"), a Michigan limited liability company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to i ta llt a d o m pl ete certain designated improvements, which said agreement, dated .J..bl/.l'LL~uz.~-c1.:_, and identified as Subdivision Improvement Agreement TM 36809 ("Ag ree ent"), is . hereby incorporated by this reference as though set forth at length, and have agreed pursuant to Section 66499 of the Government Code to execute this bond to secure the performance of the following obligation:
Principal hereby agrees to install survey monuments in accordance with any terms and conditions set forth in the Agreement, permit and the requirements and specifications of all applicable l:i aQd/r7 nces. Said installation shall be completed on or before · -PO , 2 o2.3, or as
otherwise provided by any lawful ext nsion of time granted by the City Council.
WHEREAS, we , the Principal and The Continental Insurance Company , as surety ("Surety"), are held and firmly bound unto the City , in the penal sum of Fifty Thousand U.S.
Dollars and Zero Cents ($50,000.00) 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.
WHEREAS 1 should Principal fail to install survey monuments in accordance with any terms and conditions set forth in the Agreement, permit and the requirements and specifications of all applicable laws and ordinances and/or should Principal fail to complete said installation of survey monuments within the time period prescribed therein or otherwise provided by any lawful extension of time granted by the City Council, the City may, at its option, cause all required work to be done in the manner required herein, and the parties executing this bond shall be firmly bound for the payment of all necessary costs therefore.
NOW, THEREFORE, we, the Principal and Surety, are held and firmly bound unto the City, in the penal sum of Fifty Thousand U.S. Dollars and Zero Cents ($50,000.00) 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 .
17 13-24
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 foregoing work, on his or their part, to be kept and performed at the time and in the manner specified above, 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, at least until the time City accepts the work required to be performed by Principal under the Agreement, notwithstanding whether or not Principal should abandon its obligations under the Agreement without having commenced construction of any improvements and whether such abandonment arises from foreclosure upon Principal's property or otherwise_ As part of the obligation secured hereby and in addition to the face amount specified therefore, 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 work to be performed hereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the scope of work to be performed or to the specifications.
[THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK]
18 13-25
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on March 15, 2021 .
APPROVED AS TO CONTENT:
£ef✓rt:~-~
City
;;>
APPROVED AS TO FORM:
~-~
'Signature
u~ We£Aver -Nowut, Pep.>"t Ci:r-, Mcn-o~
Name, Title
SUBDIVISION DOCUMENTS\Bond -Monument (10.06.09).doc
19 PRINCIPAL
Pulte Home Company, LLC
Company
79060 Lake Club Dr., Bermuda Dunes, CA 92203
Addr
·U\~ ( ~
Title
SURETY
The Continental Insurance Company
Company
801 Warrenville Rd., Lisle, IL 60532
Addr~~--r-1 .,
_, .. ~. ~cll'U/\
Signatur~ ·
Kelly A. Gardner
Name
Attorney-in-Fact
Title
*Note: Principal and Surety's
signatures must be notarized and 2
originals must be executed.
13-26
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
COUNTY OF FULTON)
) ss.
This record was acknowledged before me on March 15, 2021, appeared Gregory S. Rives, Assistant Treasurer of Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHINS
Notary Public -Slate ol Georgia
· Fu lton Coun/y
!l.y Commiss ion Expir~g Mar 18 _ 2022
13-27
STATE OF ILUNOIS }
COUNTY OF DU PAGE}
On March 15, 2021, before me, Alexa Costello, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, Kelly A. Gardner, known to me to be Attorney-in-Fact of The Continenta l Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
TN WITNESS WHEREOF, I hav e hereunto set my hand and affixed my official sea l, the day and year stated in this certificate above.
My Commission Expires November 19, 2023
OFFICIAL SEAL
AleKa CoolollO
OOTAAY PUBLIC , STATE OF ll.Lll<O IS
My c_.,,,n1 ... .,., Dplroo ~ 19, 2023
{A Q 1dA ~
Alexa. Coste llo, Notary Public
Commission No. 904586
13-28
POWER OF ATTORNEY APPOINTING INDlVIDUAL ATTORNEY-IN-FACT Know All Men Il}' These Presents, That The Continenta l Insurance Compm1y, a Pennsylvania in surance company, is a du ly organ i?,cd and existing in surance company hav ing its principal office in the City of Chicago, and State of!llinois, and that it does by virlue of ihe signature Md sea l here in affixed hereby make, constitute and appoint
James I Moore, Stephen T Kazmer, Melissa Scbmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Dawn L Morgan, TArie.'le M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true and lawful Attorncy(s)-in-Fact with full power and authority hereby C www.cnasuretv.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.
13-29
Authori'.liug Hy-Laws and Resolutions
ADOPTED BY THE BOARD OF Dfl{EC'J'ORS 01' 'l'11E CONTINENTAL INSURANCE COMPANY:
This l'uwec of Attorney is made and execute d pursuant to nnd by uuthorlty of the follow in g By-L aw du ly adopted hy th e noar d ofDircclors of th e Company at a meeting he ld o n May IO , 1995.
"l lliSOL VED: That any Group Vic,; P res ident may authorize illl offic.:r to sign spec ific docume nl~, agreemenL~ and instruments on behalf of the Company provided that the name of suc h authorized offic,;r and a descripti on of the do c ume11ls, 11greements or ins tru men ts th at su ch officer may sign will be provided in writing by the Group V ice PreHident to the Sccretat}' of the Company prior to such execut io n becoming effective .
This l'owe!' of Attorney is ~ignc d by Paul r. Brnflat, Vice Presid ent , who has been authorized pursuant to the a bove resolut ion to execut ion power of attorneys on behalf of T he Contin ent a l In surance Com pa ny.
This l'owcr of Attorney is signed and sc a led by fac ~in1i le under and by the nulhority of th e follow ing Resolution ado pted hy th e Doard of Directors of th e Company by un~nimous wrille n con~1:nt dated lhe 25"' duy of April , 201 2. "Where11 s, th e bylaws o f the Co mp any or s pe cific resolut/on oftbe Boo.id of D irel-i ors has authorized various ntlker~ (the "Author i7.cd Oniccrs") to execute various polici es, bond s, un dertak in gs an d oth e r obli gato ry in strwnent s of like nature; and Whereas, from t ime to lime, the signature of the Authorized Officers, in addition to being provided i11 ori gin a l, h ard copy formal, may be prov id ed via facsim il e o r ot herwise in a.n electronic forma l (collectively, "Electron ic Signatures"), Now t he refo re be it reso lved: tha t the Eleclronic Signature of a ny /\nth ori zc d Oflicer shal l be valid and binding on the Compa ny."
13-30
BOND NO.: 30122163
BOND FEE: $9,205.00
BOND
PERFORMANCE SECURITY
GRADING
Map No. 36809
"Issued in duplicate"
(California Government Code §§ 66499 and 66499 . 1)
WHEREAS, the City Council of the City of Rancho Mirage, a municipal corporation and political subdivision of the State of California ("City") and Pulte Home Company, LLC (hereinafter "Principal"), a Michigan limited liability company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agree s t in sta l a com I te certain designated improvements, which said agreement, dated ~',/11-J'-+,h/-r-.e:::J~'=f--• and identified as Subdivision Improvement Agreement TM 36 " g r ement"), is hereby incorporated by this reference as though set forth at length, and have agreed pursuant to Section 66499 of the Government Code to execute this bond to secure the performance of the following obligation:
Principal hereby agrees to conduct its grading activities in accordance with the plans and specifications prepared by MSA Consulting, Inc., registered civil engineering company, the terms and conditions set forth in the grading permit issued by the Office of the Civil Engineer of the City, and all applicable laws and ordinances.
WHEREAS, we, the Principal and The Continental Insurance Company , as surety ("Surety"), are held and firmly bound unto the City, in the penal sum of Three Million Sixty Eight Thousand Four Hundred Thirty Five U.S Dollars and Zero Cents ($3,068,435.00} 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.
WHEREAS, should Principal fail to conduct its grading activities in accordance with the plans and specifications prepared by MSA Consulting, Inc., registered civil engineering company, the terms and conditions set forth in the grading permit issued by the Office of the Civil Engineer of the City, the Agreement, and all applicable laws and ordinances, the City may, at its option, cause all required work to be done in the manner required herein and the parties executing this bond shall be firmly bound for the payment of all necessary costs therefor.
NOW THEREFORE, we, the Principal and Surety, are held and firmly bound unto the City, in the penal sum of Three Million Sixty Eight Thousand Four Hundred Thirty Five U.S Dollars and Zero Cents ($3,068,435.00) 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. 20 13-31
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 foregoing activity, on his or their part, to be kept and performed at the time and in the manner specified above, 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, at least until the time City accepts the work required to be performed by Principal under the Agreement, notwithstanding whether or not Principal should abandon its obligations under the Agreement without having commenced construction of any improvements and whether such abandonment arises from foreclosure upon Principal's property or otherwise.
As part of the obligation secured hereby and in addition to the face amount specified therefore, 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 work to be performed hereunder or the specifications accompanying the same, or any matters unknown to Surety which might affect Surety's risk, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the scope of the work to be performed or to the specifications. [THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK]
21 13-32
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on March 15 , 20~.
City "
APPROVED AS TO FORM:
~~~ ignature
Lisa Weruiev-~0L-J4k.. De~ C("'! ~~
Name, Title '
SUBDIVISION DOCUMENTS\Bond -Grading (10.06.09),doc
22 PRINCIPAL
Pulte Home Company, LLC
Title
SURETY
The Continental Insurance Company
Company
801 Warrenville Rd., Lisle, IL 60532
Addres}-:
Signat:re~·~dn 56
Kelly A. Gardner
Name
Attorney-in-Fact
Title
-Note: Principal and Surety's
signatures must be notarized and 2
originals must be executed.
13-33
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
COUNTY OF FULTON)
) ss.
This record was acknowledged before me on March 15, 2021, appeared Gregory S. Rives, Assistant Treasurer of Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
ShirleyE. Hutchins
Notary Public State of Georgia _
My Commission Expires: March 18, 202 2
SHl~LE Y E HUTCHINS
NQIHry P1 1bl1 ~ , Slillij r,[ Geo rgia
F ,1llon Cuunl y
My Commission bpircs M~r 18, 2022
13-34
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Compm1y, a Pennsylvania insurance company, is a duly organized and ex ist ing insurance company having its principal office in the City of Chicago, and State of Illinois, and tha t it does by virtue of the signature and sea l herein affixed hereby make, constitute am.I 11.ppo int
JRmes 1 Moore, Stephen T Ka'.lmer, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, llawn L Morgan, Tariese M Pisciotto, Diane M Rubright, M11rtin Moss, Individually ofDowners Grove, IL, its true and lawful Attorney(s)-irt-Fact with full power and authority hereby conferred to sig n, seal and execute for and on its behalf honds, u ndcrtakings and other obligatory instruments o'f sim ilar nature -Io Unlimited Amounts -
and Lo bind them th erehy as ful ly and to the same ex ten I as if such ins truments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby givett is hereby ratified and confirmed.
This l'ower of Attorney is made and executed pursuant lo an www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.
13-35
Authorizing Dy-Laws and Resolutions
ADOPTED BY TI!E HOARD OF DIRECTORS OF THE CON1 'JNENTAL 1NSURANCE COMPANY :
This Power of Attorney is made and executed pursuant to and by authority of the following Ry -1,aw duly adopted by !he Board of Directors of t he Company at a meeting held on May 10 , 1995.
"RESOLVED: That any Group Vice l're~ident may authori ze an officer to sign specific documents, agreements and instruments on beho.tf of the Company provided that the name of such authorized otliccr and a description oC the documents, ag1'eements or instruments !hat such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This l'ower of Attorney is signed by Paul T. Druflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Altorncy is ~igncd and sealed by facsimile under and by the authorily of the following Resolution adopted by the Board of Directors of the Co111pany by unanimou~ written cons.en! dated the 25'" day of April, 2012, "Whereas, the bylaws of the Company or specific resolut ion ofthe Board oCDireL1ors ha~ author.izcd various officers (the "Authorized Otticers') to execult: v!uious policies, bonds, wider!akings and other obligatory instruments of like nature; llnd Whereas, from Li.me to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (colleclively, ;;Electronic Signl\turcs"), Now therefore be it resolvd: tha\ the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ·
13-36
STATE OF ILLINOIS }
COUNTY OF DU PAGE}
On March 15, 2021, before me, Alexa Costello, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared , Kelly A. Gardner, known to me to be Attorney-in-Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same .
TN WTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above .
My Commission Expires November 19, 2023
OF1'1CIAL SEAL
Alexa Co8telio
NOTARY PUBLIC, STATE OF IU.INOIS
My c..,,,,,~ .. lon D<p lrtt ~ 1V , :IOZ3
Alexa Costello, Notary Public
Commission No . 904586
13-37
BOND NO.: 30122164
BOND FEE: $6,957.00
"Issued in duplicate"
BOND
PERFORMANCE SECURITY
SUBDIVISION IMPROVEMENTS (ON-SITE)
Map No. 36809
(California Government Code§§ 66499 and 66499.1)
WHEREAS, the City Council of the City of Rancho Mirage, a municipal corporation and political subdivision of the State of California ("City") and Pulte Home Company, LLC, a Michigan limited liability company ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to i stall a d omP.lete certain designated improvements, which said agreement, dated -4::i:,ll-J.-4--J~::iYt~=I-• and identified as Subdivision Improvement Agreement TM 36809 ("Agree ent"), is hereby incorporated by this reference as though set forth at length; and WHEREAS, under the terms of said Agreement, Principal is required before commencing performance of the work, to file a good and sufficient bond for the faithful performance of said Agreement; and
WHEREAS, The Continental Insurance Company ("Surety") is a PA company duly licensed to conduct general surety business in the State of California. and
NOW, THEREFORE, we, Principal and Surety, are held firmly bound unto the City in the . performance of the aforesaid Agreement in the penal sum of Two Million Three Hundred Eighteen Thousand Eight Hundred Seventy U.S. Dollars and Zero Cents ($2,318,870.00) 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 Principal, its heirs, executors, administrators, successors, or assigns, shall in all things to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provides, on his or her 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 at least until the time City accepts the work required to be·performed by Principal under the Agreement,. notwithstanding whether or not Principal should abandon its obligations under the Agreement without having commenced construction of any improvements and whether such abandonment arises from foreclosure upon Principal's property or otherwise.
As part of the obligation secured hereby and in addition to the face amount specified therefore, 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.
23 13-38
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or 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 the Agreement or to the work or to the specifications. rrHIS PORTION OF PAGE LEFT INTENTIONALLY BLANK]
24 13-39
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on March 15 201!_.
City
APPROVED AS TO FORM:
~~ ignature • ·
u~ w.~uer -rto'i.)(Alc, ~ ctH MOl"'rQ.'(
Name, Title
Subdi11ision Improvements On -Site (10 .06 .09).doc
25 PRINCIPAL
Pulte Home Company, LLC
Title .
SURETY
The Continental Insurance Company
Company
801 Warrenville Rd., Lisle, IL 60532
Addr:,~~,. . A
~-d,r.,A
Signatur~ '
Kelly A. Gardner
Name
Attorney-in-Fact
Title
Note: Principal and Surety's
signatures must be notarized an.d 2
originals must be executed.
13-40
. ACKNOWLEDGEMENT BY PRINCIPAL
STA TE OF GEORGIA)
COUNTY OF FULTON)
) ss.
This record was acknowledged before me on March 15, 2021, appeared Gregory S. Rives, Assistant Treasurer of Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
Shirley E. Hutchins
Notary Public State of Georgia ·
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHINS .
Not;11y Pu\Jlic -Stal~ ol Georgia
Fullo n Counly
My Commission E~pir~s Mar 18, 2022
13-41
POWER Oli' ATTORNEY APPOINl'ING INDIVU)UAL ATTORNEY-IN-FACT Knuw All Mc·rt Hy Thc~c Pre~ents, That The Continental Tn sur ance Company, a Pennsylvani a insurance company, is o. duly organized and existing insurance C()mpany having its principal office in lh e Cit y ofChicag,o, and Slate oflllinois, and that it doc s by virtue of the signature and seal herein affixed hereby make , cons tilu te and appoint
,fames I Moore, Stephen T Kazmer, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Dawn L Mol'gan, T3riese M Pisciotto, Diane M Rubright, Martin Moss, Individually · of Downers Cl rove, II ,, its true and lawful Attorney(s)-in-Facl with full power and authority hereby conferred to sign, ~ca l and execute for and on its behnlfbonds, underlak.ing;s and other obligatory instrum en ts of similar natnre -lo Unlimited Amounts -
and to bind them thereby as fully and Lo the same extenl as if such in slrumenl s were signed by a duly authorized officer of the insurance company ,m u a ll the acl8 of sai "'-0:~
~eot.mfl'Y\PftJTA~
My Commiss ion Expires Jun e 23, 2021
CERTIFICATE
r, D, John son, As sistant Secretary of The Conti11ental lnsurance Company, a Pennsy lvani a insurance cornpany, do hereby ce1iify that tht: Power of Attorney herein above set forth is stil l in force , a nd t\.11i be r certify that the Ay-T .aw and Resolution of the Dow-d of Directors of the insurflJlce company printed on tbe re verse hereof is still in force. Jn testimony whereof 1 ha ve hereu nto subscribed my name a11d affixed the seal of t he sa id in snranc e · company this 15th day of Ma rch , 2021.
The Continental Insurance Company
D. Johnso n Assistant Sccn:tary
Form F6850-4 /2012
Go to www.cnasuretv.com >Owner/ Obligee Services> Validate Bond Coverage,·if you want to verify bond authenticity,
13-42
Authorizing By-Laws and Resolutions
ADOPTED HY nw UOARD or, DIRECTORS OF TI!E CONTfNHNTAl. lNSURANCU COMPAN Y:
This Power of Attorney is made and executed p ursuant to and by authority of the fo ll owin g By-Law du ly ad opted by th e Bon.rd of Direc tors of lh e Co mp any at a meet in g held on May 10, 1995.
"RESOLV ED : That nny Grnup Vice Presid ent may authori7c an ofJicer to sign specific documents, agreements and in strum ents on behalf uf th e Com pany provided that t he name of suc h author i:ted officer an<l a descr ipt ion of the do cum ents, agreeme nt s or instrume nts th at s uch offi ce r may sign will be prov ided in writing by the Group Vice President lo the Secrelary o flhe Co mpany pri or w s uch exeCLtl ion becomi ng effective.
Thi s Power of Attorney is signed by Paul T. Ilniflat, Vice Pres id ent, who has been authorized pursuant t.o lh e abov e resolution to exeeulion power of ultorneys on behalf of The Continental In surance Company.
This Power of Attorney is signed and se ~h:d by fac si mile under ll nd by Lhe authority of the following Resolution o.dopted by the Board of Diredors of t he Compa ny by lLnanirnous wr illen co nsent dated lhc 25 •h day of April, 20 12. "Where as, the bylaws of the Compan y or ~pcc ifi c resolution of th e Board of Directors has authorized var io us officers (the "Alllho ri:.t.ed Officers") to exewtc various policies, bonds, undertakings and olher ob li gato ry in stmmcn t s of li ke nature ; and Whe re as, fro m tim e to ti me, th e sig nature of the Authorized Offi ce rs, in addi t io n to being provided in original, hard copy format, may be pro vided via facsimile ur otherwise in an electron ic forma t (collectively, "Electronic Signatures"), Now therefore he it reso lved : th at the E lectronic Sigrui lure of any Author ize d Otliccr shall be valid and bindin g on the Company."
13-43
STA TE OF ILLINOIS }
COUNTY OF DU PAGE}
On March 15, 2021, before me, Alexa Costello, a Notary Public in and for said County and State, duly commissioned and sworn , personally appeared, Kelly/\. Gardner, known to me to be Attorney-in-Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunlo set my hand and affixed my official seal, the day and year stated in this certificate above .
My Commission Expires November I 9 , 2023
OFFICIAi. SEAL
Alel<a Costello
HOTAAY PUBLIC, STATE OF ILI.INOIS
◄ ..iy Cuu ,rnloolon [.xplroa 110,< 19, :2023
Alexa Costello, Notary Public
Commission No. 904586
13-44
BOND NO. : 30122165
BOND FEE : $ 1 , 0 4 3 • 0 0
BOND
PERFORMANCESECUmTY
"Issued in duplicate"
GUARANTEE REPAIR AND MAINTENANCE OF ALL IMPROVEMENTS
Map No. 36809
( California Government Code §§ 66499 and 66499. 1)
WHEREAS, the City Council of the City of Rancho Mirage, a municipal corporation and political subdivision of the State of California (hereinafter "City"), and Pulte Home Company, LLC (hereinafter "Principal"), a Michigan limited liability company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install nd co P. ete cert ·n designated improvements, which said agreement, dated -:+--W.-LLI-./...J.'..d::.t2'.t2:=f-, and identified as Subdivision Improvement Agreement ("Agr ement"), is hereby incorporated by this reference as though set forth at length, and have agreed pursuant to Section 66499 of the Government Code to execute this bond to secure the performance of the following obligation:
Principal hereby agrees to guarantee the material and workmanship relative to the installation of all improvements in and adjoining subject property against all defects and to promptly perform work and supply material as required by the City which are needed to repair or replace such defective work and material. ·
WHEREAS, we, the Principal and The Continental Insurance Company , as surety ("Surety"), are held and firmly bound unto the City, in the penal sum of Three Hundred Forty Seven Thousand Eight Hundred Thirty U.S. Dollars and Zero Cents ($347,830.00) 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.
WHEREAS, should Principal fail to promptly repair and replace materials or work required to be done by it and in accordance with the Agreement and all applicable laws and ordinances and/or should Principal fail to complete said repair and replacement work within the time allowed by the City, the City may, at its option, cause all required work to be done in the manner required herein and the parties executing this bond shall be firmly bound for the payment of all necessary costs therefore.
NOW THEREFORE, we, the Principal and Surety, are held and firmly bound unto the City, in the penal sum of Three Hundred Forty Seven Thousand Eight Hundred Thirty U.S. Dollars and Zero Cents ($347 1830.00) 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.
Surety shall guarantee replacement and repair of improvements for a period of one (1) year following final acceptance of said improvements.
26 13-45
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 foregoing activity, on his or their part, to be kept and performed at the time and in the manner specified above, 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, at least until the time City accepts the work required to be performed by Principal under the Agreement, notwithstanding whether or not Principal should abandon its obligations under the Agreement without having commenced construction of any improvements and whether such abandonment arises from foreclosure upon Principal's property or otherwise.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obfigation, 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 work to be performed hereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the scope of the work to be performed or to the specifications.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
27 13-46
IN WITNESS WHEREOF , this instrument has been duly executed by the Principal and Surety above named, on March 15 , _, 20-3_!.
APPROVED AS TO CONTENT:
~~?~/~
•S ignature ·
/,.-'t!,,/oi91d £~ C::,,/4, C /7 &fl1ne~r
Name, Title f?p P? o.,..hf/ /DI ra-9 e
City .
APPROVED AS TO FORM:
~p~
Signature
LISC,, \~l\\lt."Y"-~Olr\>a.1£. 1~ Ci'\':'f ~
Name, Title
SUBDIVISION DOCUMENTS\Bond -All Improvements (10 .06.09).doc
28. PRINCIPAL
Pulte Home Company, LLC
Company
7906 La Club Or .• Bermuda Dunes, CA 92203
A
SURETY
The Continental Insurance Company
Company
801 Warrenville Rd., Lisle, IL 60532
Addr:_y ~· · £b
~-, 4Cjj3</\
Signatur~ _, '
Kelly A. Gardner
Name
Attomey-inwF act
Title
~-
*Note: Principal and Surety's signatures
must be notarized and 2 originals must
be executed.
13-47
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
COUNTY OF FULTON)
) ss.
This record was acknowledged before me on March 15, 2021, appeared Gregory S. Rives, Assistant Treasurer of Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
Signatureofotary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIHI.FY E HUTC/-IINS
ill(JILJry PuoliG • Sl,1!11 ol Gli(Jr(j•U
, f'u/ln11 Cuunly
My Cm111ni~s1on Exµ11 u~ MJr 18, :!()2?.
13-48
STATEOPTLLINOIS }
COUNTY OF DU PAGE}
On March 15. 2021, before me, Alexa CosteJlo, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, Kelly A. Gardner, known to me to be Attorney-in-Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on 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 November 19, 2023
OF'F ICIAL SEJU.
, AleKa C-0,,leUo
NOTAA'I Pl/il~IC, STAnc Of' IU.~01S
r.t, C,Jo11mlt.&ion 0<!""'9 tloY 1g, 2023
Alexa Costello, Notary Public
Commission No. 904586
13-49
POWER OF ATTORNEY APPOIN1'ING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, Th at 'the Continental Jngurance Company, a Pennsylvania insurance company, is a duly organ ized and existing insurance com pony having its principal office in the City of Chicago, and Sta hi of lllino is, and that il www.cnasurety .c om >Owner/ Obligee Services > Validilte Bond Coverage, if you want to verify bond authenticity.
13-50
Authorizing By-Laws and Resolutions
ADOPTED IJY THE BOARD OF DfRECTOTIS OF THE CONTINENTAL INSURANCE COMPANY :
This Power ofAllorney is made and executed pursuant to and by authority oflhe following Dy-Law duly adopted hy the IJoard of Directors of the CompllJly at a 1n cclin1; held on May 10, 199 5 .
"RESOLVED: That any Group Vice President may authorize an officer to sign specific docummts, agreements HJ1<l instruments cm behalf of th e Company provided Iha! the name of~uch authorized officer and a description of the documents, ngreements or instruments that such officer may sign will he provided in writing by the Group Vice ]'resident to the Secretary ofthe Company prior t o such execut io n becoming effecli ve.
This Power of Attorney is signed hy Paul T. Rruflat, Vice President, who has been aulhorize<l pursuant to the above resolution to execution power of attorneys on he half of The Continental Insurance Company:
This Power of Allorncy is signc::<l and sealed by facsimile under and by lhe oulhority of the following Resolution adoptetl hy the Doan! of Director~ of the Com1)3ny hy u11u11imou s wrillen consent dalc<l Che 25 th day nf April, 2012. "Whereas, the byl.o.w.; of the Company m specific resolution of the Board of Directors has authorized vario us officers (the "Authorized 0 fficen;") to execute various policies, bonds, trn dertakings and other obligatory insl.ruments of like nature; and Whereas, from time to time, the signo.Lw·e oftl1e Authorized Officers, in addition to being prov ided in origirutl, hard copy format, may be provided via facsimile or otherwise in an electronic format (collect ive ly , "Electronic Signatures"), Now thctt:forc be it resolved: that the Electronic SigMlure ufHny Authorized Officer sha ll be valid and binding on the CompHI1y."
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BOND NO.: 30122164
BOND FEE: Included in
performance bond BOND
PAYMENT SECURITY
LABOR AND MATERIAL (ON-SITE)
Map No. 36809
"Issued in duplicate"
( California Government Code §§ 66499 and 66499, 2)
WHEREAS, the City Council of the City of Rancho Mirage, a municipal corporation and political subdivision of the State of California ("City") and Pulte Home Company, LLC, a Michigan limited liability company ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and let~ c rtain d signated improvements, which said agreement, dated ~":fA,J~-l--+.J.4~o!:=f--• and identified as Subdivision Improvement Agreement (" greement"), is hereby incorporated by this reference as though set forth at length; and
WHEREAS, under the terms of said Agreement, Principal is required before commencing performance of the work, to file a good and sufficient payment bond with the City to secure claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code; and
WHEREAS, The Continental Insurance Company ("Surety") is a _P_A_c_o_m_p_a_n-'-y ____ and duly licensed to conduct general surety business in the State of California.
NOW, THEREFORE, Principal and Surety, their heirs, representatives, successors and assigns, jointly and severally, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid 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 One Million One Hundred Fifty Nine Thousand Four Hundred Thirty Five U.S. Dollars and Zero Cents ($1,159,435.00) lawful money of the United States for material furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be · included in the judgment therein rendered.
Surety agrees that it shall pay the amounts due City and diligently perform the Agreement upon Principal's default after notice and within the time specified in the Agreement. If Surety fails to perform within the times specified in the Agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the Agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties 29 13-52
herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.
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, at least until the time City accepts the work required to be performed by Principal under the Agreement, notwithstanding whether or not Principal should abandon its obligations under the Agreement without having commenced construction of any improvements and whether such abandonment arises from foreclosure upon Principal's property or otherwise . · Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said 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 change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
[THIS PORTION OF PAGE LEFT INTENTIONALLY BLANK]
30 13-53
IN WITNESS WHER EOF, this i nstrument has been du ly executed by Princ ipa l and Surety named here in, on _ March 15 , 20~.
City i7
APPROVED AS TO FORM :
~~~
S ignature
LlSCt WeCl\lf'C-l\OW&lc.1Cf?>b-l Cit-'t ~
Name , Title
PRINCIPAL
Pulte Home Company, LLC
Company
79060 L
Add
Title
SURETY
;.rllii ··
The Continental Insurance Company' fi
Company '·~ /
801 Warrenville Rd., Lis le, IL 60532 ......
Add ress,,_j/ A ~clNA
S ignature ~
Kelly A Gardner
Name
Attorney-in-Fact
T itle
*Note: Principal and Surety's signatures must
be notarized and 2 originals must be executed.
SUBDIV ISION DOCUMENTS\Bo nd -Labor and Materia l On-Site (10 .06 .09).doc 31 13-54
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
COUNTY OF FULTON)
) ss.
This record was acknowledged before me on March 15, 2021, appeared Gregory S. Rives, Assistant Treasurer of Pulte Home Company, LLC, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.
WITNESS my hand official seal.
Sign~tureofNo ry Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHIN S
Notmy Public -SIH I~ ol Georg ia
Fulton County
/Jy Commis~io11 Expirus MHr \B, 2022
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Knnw All Men By These Presents, Thar The Co ntinental fn~uran cc Company, a Pennsylvania insuranc e company, is u July org>ln i:.:ed and existin g insnran cc company having its principal oflicc in the City of Chicago, and Slate of Illinois, and that it docs by virtue of the signature and sea l herein affixed hereby make, constitute and appoint
James I Moore, Stephen T Kazmer, Melissa Sc.hmidt, Amy Wickett, Kelly A GJ1rdncr, Jennifer .J Mc Comb, Dawn L Morgan, Tariese M Pisciotta, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true ond lawfu l Attorney(s)-in-Jcact with full power and authority h ere by' confe rred to sign, sea l and execute for and on its be half bonds, undertak ing~ and other obligat ory instrumen ts of similar nature -In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly author ized olliccr of the in surance company and all the acts of said Attomey, pursuant to the authority he reby given is hereby rati Red and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the □y•Law and R esol utions , printed on the reverse hereof, duly adopted, as in www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.
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Authorizing By-Laws and Resolutions
ADOPTRD BY Tl W DOARD 01' DIRECTORS OF THE CONTINENT Al. IN SUKANCU COMPANY :
This Power of Attorney is made find executed pursuant to and by authority of the following By-Law duly adop ted by Lhe Bourd of Directors of the Company at a meeting held on May 10, 1995 . ·
"RESOLVED : That any Group Vice President may a uthor ize an ofl:icer to sign specific documents, agreemenls and in strnrnents on behalf oflhe Company provided that the name of such authorized officer HilU a description of the docwncnts, agreements or inst mmcnts that such officer may sign will be provided in writing hy the Group Vice President to the Secret.try of th e Company prior lo such exec ution becoming effective. ·
This Power of Attorney is signed by .Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolu tion lo execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Allorney is signed and sea led by facsimile under an<l liy the authority of the following Resolution adopted by the Board ofDirectml; of the Company by unanimous wrillcn co n!;<:11[ date{j the 25 11' day or April, 2012. "Whereas, the bylaws of the Company or specific reso lution of the Hoar<l of Directors has author ized various o£Iicers (the "Aulhorized Officers") to execute varim1s policies, bonds, undertakings and other obligatory instruments of li ke natu re; and Whereas, from time to time, the signature of the Authorized Officers, in addition to hcing provided in original, hard copy format, may be provi<led via facsimile or olherwise in an electroni c format (collectively, "Electronic Signatures"), Now therefore be it resolved: that th e Electron ic Signature of any Aulhorize<l Officer shall he valid and binding on the Company."
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ST ATE OF ILLINOIS }
COUNTY OF DU PAGE}
On March 15, 202 1, before me, Alexa Costello, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, Kelly A. Gardner, .known to me to be Attorney-in-Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known i:o me to be the person who executed the said instrument on be halfof the said corporation, and he duly acknowledged to me that such corporation exec uted 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 November 19, 2023
OFflCIAL SE.AL
Ne•a Costello
I NOTARY PUBLIC, STATE OF ILLINO\S
1 ~y c-,,,,mi...lon C:.plroo""" 19 , ;;io23
a Q 1/42\ ~
Alexa Costello, Notary Public
Commission No. 904586
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ATTACHMENT 3
EXTENSION FORM AND SUPPORTING DOCUMENTATION
(SEE ATTACHED)
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Standard Agreement for Subdivision Improvements
Extension Request Form
Date: March 8 1 2023
The following Tract/Parcel(s) numbers that are listed below will soon exceed the completion date according to the Standard Agreement executed on April 1, 2023.
TM 36809-6 (Pulte)
To avoid the Standard Agreement from being in default and risking the loss of securities, an extension must be requested thirty (30) days prior to the expiration date, according to the Rancho Mirage Municipal Code, Title 16.20.110, Completion of Improvements. Please submit a detailed construction completion schedule for the improvements along with this form, to justify the extension, within 15 days from the date above. Your request will be reviewed and, if valid, will be presented to the City Council for consideration. There will be a $500.00 administrative fee associated with the processing of the extension.
Please complete the following information :
Name/Phone No.: ------'U;;;;..:l"""'ri=ch~S..;;.;a=u.aa..er"""'b"""re.a..y'-'-'-(7"'""6..a.0 .... ) ..a.6""'"10.a..-..a.9_.;.4 ..... 1.a..0 ____ _ Tract Number(s): _36_8_0_9_-6 _________________ _
Owner(s): Pulte Homes of CA
Original Completion Date: __,.----'A;......i;;;.;pr=i1_1'"", ..;;;;2=-0=2.;;;;..3 _________ _ New Completion Date Requested: __ M_a_r ___ c_h_3 __ 0...._2""'"02_4 ________ _ Brief Reason for Extension: Delays in completion as a result of higher interest rate resulting in a slowdown of sales and closing pace.
Please send this form with supporting documentation to:
CITY OF RANCHO MIRAGE
69-825 HIGHWAY 111
RANCHO MIRAGE, CA 92270
ATTN: JEFF BENSON
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6 0
Pulte-Phase 6 Closeout
Pro jected Sch ed ul e / W o rk Plan - 2023 /2024
Cose-o ut Tasks
Comple t e homes in phase 6
Perform on-site pu nchl ist walk
Compl ete on-site concrete, asphalt and landscape corrections Engineer t o prepare o n-site as-builts
City review as-builts
Com plete monumentation
City acceptanc e of phas e 6 final
Bon d r eduction/replacement
I M onth/W;!k Apr-23 M ay-23 Jun-23 Jul-23 -
-
Au g-23 Sep-23 Oct -23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-2 4 Apr-24 -~ X
X
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ATTACHMENT 4
AMENDMENT OF .
SUBDIVISION IMPROVEMENT AGREEMENT
(SEE ATTACHED)
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AMENDMENT OF SUBDIVISION IMPROVEMENT AGREEMENT
[TRACT MAP 36809-6]
This Amendment of Subdivision Improvement Agreement ("Amendment") is entered into as of March 16 , 2023, by and between the City of Rancho Mirage ("City"), a municipal corporation located in Riverside County, California, and Pulte Home Company, LLC, a Michigan limited liability company authorized to do business in California (" Developer").
RECITALS
WHEREAS, City and Developer previously entered into that certain Subdivision Improvement Agreement dated April 1, 2021 ("Agreement") for Developer's construction of public improvements ("Improvements") upon the real property located in the City of Rancho Mirage ; California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, Schedule "A" of the Agreement provided that Developer must complete construction of the Improvements by no later than April 1, 2023 ("Completion Date"); and ·
WHEREAS, pursuant to Section 16 .20 .110 of the City Code, Developer is requesting that the City grant an extension of the Completion Date to April 1, 2024 , as set • forth in the documentation attached hereto and incorporated herein by this reference as Exhibit "B"; and
WHEREAS, pursuant to Section 66462(c) of the California Government Code and Section 16 .20 .090 of the City Code, Developer executed various security instruments ("Security Instruments") in connection with the Agreement to ensure completion of construction of the Improvements and to ensure payment to laborers and suppliers of materials; and
WHEREAS, the parties acknowledge that City would not approve this Amendment without assurances that the Security Instruments are still in effect and will remain in effect until the later of City accepting the Improvements or in accordance with all applicable periods set forth in any such instruments, City Code and/or applicable law; and WHEREAS , this Amendment was approved by the City Council during its meeting of March 16, 2023.
NOW THEREFORE, in consideration of the covenants, conditions and promises contained herein, the parties agree as follows:
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AGREEMENT
1. Recitals. The Recitals set forth above are hereby incorporated into this Amendment by this reference as though fully set forth herein .
2. Schedule "A." Item 1 of Schedule "A" of the Agreement is hereby amended to reflect a Completion Date of April 1 , 2024 .
3. Further Actions . Developer agrees to take all reasonable actions required in furtherance of this Amendment, including without limitation executing any documents to ensure Security Instruments remain effective as required herein.
4. Attorney's Fees. In the event any action , suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to thi ~ Amendment or as a result of any alleged breach of any provision of this Amendment, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees , and any judgment or decree rendered in such a proceeding shall include an award thereof.
5. Counterparts . This Amendment may be executed in $everal counterparts , each of which shall be deemed to be an original and shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by the parties hereto . Electronic signatures shall be deemed to constitute the Agreement having been executed.
6 . Conflicts . In the event there exists any conflicts between the terms of this Amendment and the Agreement, the terms of this Amendment shall be superseding.
7. Remaining Provisions . All other remaining terms and conditions of the Agreement shall remain unchanged .
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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. IN WITNESS WHEREOF, City and Developer have executed this Amendment on the date set forth herein above.
CITY OF RANCHO MIRAGE
By: __________ _
Richard W. Kite, Mayor
APPROVED AS TO CONTENT:
Ryan Stendell, Director of Public
Works
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Colin Kirkpatrick, Assistant City Attorney
PULTE HOME COMPANY, LLC
By: __________ _
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STAFF REPORT
TO: Mayor and City Council DATE: April 6. 2023
FROM: Kofi Antobam, Director of Administrative Services SUBJECT: Annexation No. 190 to Community Facilities District No. 1 in Connection with Tentative Parcel Map No . 38315
SPECIFIC REQUEST OR RECOMMENDATION
The recommended process for this agenda item is:
1. Mayor opens public hearing
2. Mayor asks City Clerk for election results
3. City Clerk declares election results
MOTION:
That the City Council adopt Resolution No. 2023-(Next-in -Order), calling an election on levying a special tax within the area proposed to be annexed to Community Facilities District No. 1 (Annexation No. 190), declaring the election results, approving the annexation of the territory and directing the recordation of the amendment of the Notice of Special Tax Lien, in connection with Tentative Parcel Map No. 38315.
JUSTIFICATION OR INFORMATION
BACKGROUND:
The proposed process for this annexation of territory into C_ommunity Facilities District No. 1 (police and fire) (sometimes, the "District") is the standard process followed by the City of Rancho Mirage ("City") for all development within the City's jurisdiction. This is the second and last step in the City's process to complete the annexation of this development project into the District (the first step was considered and approved by the City Council at its February 16, 2023 meeting).
The territory proposed for annexation ("Annexed Territory") is located at the northwest corner of Cypress Lane and Palomino Lane. The Annexed Territory is comprised of one parcel totaling approximately 1.03 acres (gross). The zoning is R-M (Medium Density Residential). The project has a condition of approval (#16) to annex into Community Facilities District No. 11 .
DISCUSSION:
The Mello -Roos Community Facilities District Act of 1982 (the "Mello-Roos Act" or the "Act," Government Code§ 53311 et. seq.) provides the City with a means of financing public facilities, infrastructure, and services, especially in connection with new development through the imposition of special taxes approved by a vote of the qualified electorate residing in the District. 1 The T ract Map as s ociated with t h is project also has a condition to a n nex into t h e District.
AGENDA ITEM#
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DATE: April 6, 2023
CFD No. 1 Annexation No. 190; Palomino Four Page 2 of 2 JUSTIFICATION OR INFORMATION CONTINUED:
In accordance with the Act, on September 27, 1990, the City established the District to help pay for public safety costs (police and fire) associated with new development. Since that time, development projects are required to annex into the District. Palomino Four LLC ("Owner"), the property owner and developer of this project, submitted a petition (the "Petition") that requested the City Council initiate annexation proceedings and provide for expedited approval of the annexation and the levy of the special tax.
On February 16, 2023, the City Council adopted Resolution No . 2023 -04 (the "Resolution of Intention") declaring its intention to annex certain territory to the District and to levy a special tax within that territory to pay for additional police and fire services and setting the time and place for the public hearing on the proposed annexation for April 6, 2023. · . As detailed in the Resolution of Intention, the Petition filed by the Owner allows for a shortening of the time for the special election to expedite the annexation process and waives any requirement for notice, analysis and arguments in connection with the election. As such , the public hearing on the proposed annexation of territory to the District and the proposed levy of the special tax may take place at today's meeting and, barring receipt of a majority protest, the special election on the levy of the special tax may also take place at the same meeting.
At today's meeting, the City Council will conduct the public hearing, at which time the qualified electors residing in the District may appear and be heard on the annexation and levy of the special tax. The City Clerk will report at the meeting on the number of protests. In the unlikely event fifty percent (50%) or more of the registered voters residing within the territory proposed to be included in the District file written protests against the levy , no action to annex into the District will be taken by the City Council.
At the conclusion of the public hearing , provided written protests have not been filed, the City Council may consider adoption of the attached resolution calling an election to submit to the qualified elector the questions of levying a special tax within the area proposed to be annexed to the District , declaring results of special tax election, determining validity of prior proceedings, approving the annexation of the territory, and directing recording of an amendment to the notice of special tax lien .
As of FY22/23, the estimated annual District revenue generated for this annexation would be $1,431.12 (4 dwelling units x FY22/23 CFO per dwelling unit fee of $357.78 per dwelling unit).
Fees do not get assessed until a building permit is issued .
ATTACHMENT(S):
1 . Resolution
AGENDA ITEM#
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ATTACHMENT 1
RESOLUTION
(SEE ATTACHED)
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, CALLING AN ELECTION ON LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 1 (ANNEXATION NO. 190), DECLARING RESULTS OF THE ELECTION, APPROVING
THE ANNEXATION OF THE TERRITORY AND DIRECTING RECORDING OF THE
AMENDMENT OF NOTICE OF SPECIAL TAX LIEN
WHEREAS, the City Council is authorized by the Mello-Roos Community Facilities District Act of 1982 (the "Mello-Roos Act," Government Code § 53311 et. seq.) to annex territory into an existing community facilities district by complying with the procedures set forth therein; and
WHEREAS, the City Council on February 16, 2023, duly adopted Resolution No. 2023-04 (the "Resolution of Intention") declaring its intention to annex certain territory to Community Facilities District No. 1 (the "District") and to levy a special tax within that territory to pay for additional police and fire services and setting a time and place for the public hearing on the proposed annexation for April 6, 2023; and WHEREAS, the Resolution of Intention calls for a special election on levying special taxes on the territory proposed to be annexed (the "Annexed Territory") to the District; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District and stating the services to be provided and the rate and method of apportionment of the special tax to be levied within the District, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, pursuant to the Mello-Roos Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on April 6, 2023, at the City Hall Council Chambers at 69-825 Highway 111, Rancho Mirage, California, at which time the proposed annexation and tax levy was heard and discussed; and WHEREAS, pursuant to the Resolution of Intention, the City Clerk published notice of the time and place of the hearing as required by the Mello-Roos Act; and WHEREAS, the City Council previously determined fewer than twelve registered voters reside in the Annexed Territory and that the sole qualified elector in the Annexed Territory is the landowner, who shall have one vote for each acre or portion of acre he/she/it owns within the Annexed Territory; and
WHEREAS, the City Council has received a petition from the landowner consenting to the shortening of election time requirements, waiving analysis and
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arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, pursuant to Government Code section 53339.7 of the Mello-Roos Act, the City Council now submits to the Annexed Territory's sole qualified elector the question of the levy of the special tax; and
WHEREAS, the City Council designates the City Clerk to serve as the Election Official for the conduct of the special election, and the City Clerk has concurred in the -election date set forth herein; and ·
WHEREAS, on April 6, 2023, at the time and place of the public hearing, the City Council afforded all interested persons for or against the annexation of territory to the District and the levy of the special tax an opportunity to present testimony and to protest against the proposed annexation and tax levy, and no protests were received; and WHEREAS, all requirements, including but not limited to any time limit, pertaining to the conduct of the special election have been waived by unanimous consent of the sole qualified elector of the Annexed Territory as authorized by the Mello -Roos Act, which executed the Owner's Petition, Waiver and Consent that is on file with the City Clerk, and with the concurrence of the City Clerk as the designated election official, the election was conducted; and
WHEREAS, the City Council has received, reviewed and hereby accepts the City Clerk's Canvass and Statement of Election Results, dated April 6, 2023, a copy of which is attached as Exhibit "A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the Recitals set forth above are true and correct.
Section 2. Special Election.
That the question of levying the special tax within the Annexed Territory to the qualified elector, in accordance with and subject to the Mello-Roos Act is hereby submitted and that the special election shall be held on April 6, 2023, and shall be conducted as set forth herein.
Section 3. Qualified Electors.
That the City Council has previously found and determined the sole qualified elector shall be the sole landowner of the Annexed Territory, who shall have one vote for each acre or portion of an acre of land.
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Section 4. Mail or Hand-Delivered Ballot Election.
That the election may be conducted by mail or by hand-delivered ballot and that the form of the ballot, which is attached hereto as Exhibit "B," is hereby ratified.
Section 5 .. Return of Ballots.
That the City Council attests to the City Clerk's timely delivery of the ballot to the sole qualified elector, and the City Clerk's receipt and acceptance of the returned ballot prior to the start of the public hearing, and concurs the City Clerk may close the election.
Section 6. Canvass of Election.
That the City Clerk commence the canvass of the returns of the special election as soon as the election is closed, and at the conclusion of the canvass, the City Clerk shall · declare the results of the election.
Section 7. Declaration of Results.
That the City Council declares the results of the special election following the completion of the canvass of the returns and causes to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns .
Section 8. Confirmation of Findings in the Resolution of Intention.
That all of the City Council's findings and determinations as set forth . in the Resolution of Intention are confirmed.
Section 9. Findings Regarding Protests.
That since the written protests to the proposed annexation of territory to the District and the levy of the special tax within such territory are insufficient in number and in amount under the Mello -Roos Act, the City Council orders and determines that all such protests are hereby overruled.
Section 10. Approval of Canvass and Findings Regarding the Special Election.
That the Canvass is approved and the ballot measure on the levy of taxes has been submitted to the qualified electors within the Annexed Territory pursuant to the Resolution of Intention and the ballot measure has been passed and unanimously approved by the qualified electors of the Annexed Territory.
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Section 11. Findings Regarding Prior Proceedings.
That all prior proceedings had and taken by the City Council with respect to the annexation of territory to the District are valid and in conformity with the requirements of the Mello-Roos Act.
Section 12. Findings Regarding the Annexation.
That pursuant to voter approval, the Annexed Territory is hereby declared to be fully annexed to the District to be subject to the levy of the special taxes and the special tax lien described in the Resolution of Intention, and the City Council hereby orders the annexation of said territories, to be referred to as Annexation No. 190 and authorizes the levy of a special tax therein ..
Section 13. Levy of Special Tax.
That as stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors, a special tax sufficient to pay the costs of additional police and fire services, secured by recordation of a continuing lien against all nonexempt real property in the District, will be levied annually in the District and that the rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit "C" hereto.
Section 14. Apportionment of Tax.
That the special tax as apportioned to each parcel is based on the cost of making additional police and fire services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
Section 15. Recordation of Special Tax Lien.
That the City Council directs the City Clerk or designee to record an amendment · to the Notice of Special Tax Lien in the Office of the County Recorder no later than 15 days after the date this Resolution is adopted, as required by Section 3117.5 of the California Streets and Highways Code.
Section 16. Additional Actions.
That the officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution that are not inconsistent with the provisions hereof.
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Section 17. Severability.
That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 18. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 19. Effective Date.
That this Resolution shall take effect upon its adoption.
Section 20. Certification.
That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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PASSED, APPROVED AND ADOPTED on this 6th day of April, 2023.
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla,
City Attorney
Richard Kite, Mayor
Exhibit A: Canvass and Statement of Election Results
Exhibit B: Form of Ballot
Exhibit C: Rate and Method of Apportionment
14-10
EXHIBIT "A"
CANVAS AND STATEMENT OF ELECTION RESULTS
Community Facilities District No. 1
Annexation No. 190
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, hereby certify:
I have p_ersonally received and assembled all ballots eligible to be cast in the special landowner election called by the Council of the City of Rancho Mirage in its Resolution No. 2023-04 on the question of levying a special tax within Community Facilities District No. 1, Annexation No. 190, held on April 6, 2023. -
In accordance with the City Council's directions set forth in said Resolution, I hereby declare the election closed.
I personally, in the presence of members of City of Rancho Mirage staff, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of "yes" votes cast are true and correct.
Total Votes that could be cast: 2
Total Votes Cast "Yes:
Total Votes Cast "No":
Total Votes Cast:
The Votes cast "Yes" equal 100% of the total votes cast.
I make this certification on this 6th day of April 2023.
ATTEST:
Kristie Ramos, City Clerk
City of Rancho Mirage
14-11
EXHIBIT "B"
Form of Ballot
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
Community Facilities District No. 1 -Annexation No. 190 This ballot is for the special landowner special tax annexation election. You must return this ballot, by mail or in person, in the enclosed postage paid envelope to the office of the City Clerk at 69 ~825 Highway 111, Rancho Mirage, California, 92270 no later than 11 :00 a.m . on April 6, 2023.
To Vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden and will void the ballot. If you wrongly mark, tear, or deface this ballot, return it to the office of the City Clerk and obtain another.
Shall the City of Rancho Mirage, by and for its Mark only one:
Community Facilities District No. 1 (Police and Fire
Services) (the "CFO"), be authorized to levy a special
tax within the territory to be annexed to the CFO YES: □ pursuant to and as described in Resolution 2023-04
adopted on February 16, 2023, said tax to be levied in NO: □ accordance with the Rate and Method of
Apportionment of Special Tax, as referenced in said
resolution, and consistent with landowner's Petition,
Consent and Waiver, dated December 6, 2022?
By execution in the space provided below, you are attesting that you are the owner of record or the authorized representative of the landowner entitled to vote this ballot, and you are confirming your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 2
Property Owner: Palomino Four LLC
Mailing Address: 73838 Van Gogh Palm Desert, CA 92211
By: -----------------
(Property owner or certified representative)
14-12
EXISTING TAX RATE AND APPORTIONMENT
The existing tax rate (revised annually) and apportionment for the tax categories identified below, as previously approved for Community Facilities District No. 1 (Police and Fire), Annexation No . 190, are as follows:
PROPERTY CATEGORIES AND MAXIMUM ANNUAL TAX
Taxable property categories and initial maximum annual taxes are as follows:
PROPERTY CATEGORY
I. RESIDENTIAL UNIT
II. COMMERCIAL & INDUSTRIAL
MAXIMUM ANNUAL TAX-FY 22/23
$357 .78 per dwelling unit.
$0.96 per sq. ft. per year for developed
area.
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL taxes shall be levied on all property upon recordation of final tract or parcel maps, issuance of building permits for residential units, or approval of a land use case for commercial/industrial developments.
DEFINITIONS
"Developed area" shall be that portion of the land to be developed as measured from outside walls, excluding garage, covered ways, overhangs and patios. "Dwelling unit" shall mean any building and any mobilehome which is not immediately transportable or any portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation.
14-13
EXHIBIT "C"
COMMUNITY FACILITIES DISTRICT NO. 1 (POLICE AND FIRE)
RATE AND METHOD OF APPORTIONMENT
RATE AND AMOUNT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1 (POLICE AND FIRE)
DETERMINATION OF MUNICIPAL SERVICE COSTS
The follow i ng procedures are used to establish the applicable special tax rate for al l residentia l and commercia l /industrial property subject to the Special Tax levied in accordance with the Rate and Method of Apportionment for Community Facilities District No . 1 . For the FY 2022/23 tax year, the determination of tax rates is reflected below.
STEP ONE: Determine .the amount of unreimbursed services costs.
Police
Fire
SERVICE
FY 2020/21
ACTUAL EXPENSES
$9,607,689 1
$7,070 ,51 7 3
1 2021 Comprehens ive Annual Financial Report
FY 2020 /21
ACTUAL REVENUE
$234,260 2
$6,949, 312 4
Net FY 2020 /21
EXPENSES
$9,373 ,429
$121,205
2 202 1 Co mpr ehens ive Annual Financial Report, Fines and Forfeitures (VICR, Parking Tickets , Fund 105 transfer only)
3 2021 Comprehensive Annual Financia l Report
'Finance Department (R evenue Status Report FY2020-21)
STEP TWO : Apportion service cost to land use categories.
LAND USE PERCENT AMOUNT
SERVICE CATEGORY ATTRIBUTABLE ATTRIBUTABLE
Police 11 1 Residential 47% $4,426,875
Commercial/Industrial 53% 4,946,554
$9 ,373,4 29
Fire 121 Residential 89% $107,738
( 1)
( 2)
Commercial/Industrial 11% 13 ,467
$121,205
TOTAL $9,494,634
Police Costs: Percent attributable provided by Jennifer Henson -SCO , Riverside County Sheriff 's Dep~rtment, from Data War e hous e Records for January 1-December 31 , 2021 .
Fire Costs: Percent attributable provided by Battalion Chief Matthew Kot z , and Riverside County Fire Department/CalFire from 2021 Cove Commission Annual Fire Report .
14-14
STEP THREE: Determine incremental cost of additional services.
SERVICE LAND USE . INVENTORY NET
COSTS
INCREMENTAL
COSTS
Police Residential 14,575 units Ca>
Commercial/Industrial 5,871,148 sq.ft.Cb>
$4,426,875
4,946,554
$303.73
$0.84
Fire Residential 14,575 units Ca> $107,738
Commercial/Industrial 5,871,148 sq.ft.Cb> 13,467
c~ Source: California Department of Finance, E-5 City Population & Housing Estimates, January 1, 2022.
Cb> Source: Based on total commercial square footage as of 3/31/22.
Total Residential is $311.12; total Commercial is $0.84 STEP FOUR: Compare Amount Against CPI Limitat~ons.
(The Community Facilities District may not increase the fee higher than two times the annual Consumer Price Index)
FACTOR
1) Initial Rate
2) Base CPI (9/90)
3) Current CPI (1/22)
4) Percent Increase
5) Allowed Increase
(2x)
6) Proposed Tax
(without Administrative
Charge)
7) Percent Increase
8) Within Allowable
Increase?
AMOUNT FACTOR UNIT/ SOURCE
$129.96 Residential/unit (September 1990)
.38 Commercial/Sq. Ft. (September 1990)
50.258 Riverside-San Bernardino-Ontario--
(All Urban Consumers)
118. 963
136.7%
273.4%
$311.12 Per residential unit
0.84 Per commercial square foot
139.4% Residential
121.1% Commercial
Yes Residential
Yes Commercial
STEP FIVE: Determine If Collection Is Required for Prior Fiscal Year (The District may collect unrecovered costs from a prior fiscal year provided that the Proposed Assessment without the Administrative Charge does not exceed the allowable increase of two times the annual Consumer Price Index.)
NOT APPLICABLE
$7.39
$0.00
14-15
STEP SIX: Identify Administrative Charges and Offsetting Property Tax
LAND INCREMENTAL ADMINISTRATIVE TOTAL PROPERTY NET SERVICE USE COST CHARGES (15%) ASSESSMENT TAX COST
Residential $311.12/unit $46.66 $357.78 To be To be
determined determined
Commercial $0.84/sq.ft $0.12 $0. 96 To be To be
determined determined
At the conclusion of STEP SIX, the amount of reimbursement can be determined and assessed annually to each parcel owner.
[THE REMA INDER OF TH IS PAGE INTENTIONALLY LEFT BLANK]
15-1
STAFF REPORT
TO: Mayor and City Council DATE: April 6 1 2023
FROM: Chet Kan, Associate Engineer
SUBJECT: Award of Contract for Citywide Crack Sealing (CP 23-381)
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council award the contract for Citywide Crack Sealing (CP 23-381) to the lowest responsible and responsive bidder, Onyx Paving Company, Inc., in the amount of $113,890.
JUSTIFICATION OR INFORMATION
Prior to any planned Rubberized Emulsion Aggregate Slurry ("REAS") sealing project, the Public Works Department contracts with a qualified contractor to perform rubberized crack sealing to clean and seal all pavement cracks prior to REAS application. Rubberized crack sealing is performed 4-6 months in advance of the REAS project, thereby allowing the crack filling material adequate time to fully cure, eliminating re -cracking, tacky pickups, and adhesion loss.
The streets that will have the rubberized crack sealing applied are on Bob Hope Drive from Highway 111 to Frank Sinatra Drive, and in the Magnesia Falls Cove neighborhood as shown on the attached vicinity map . These streets will receive the REAS slurry later this year in accordance with standard application procedures.
DISCUSSION:
On March 21, 2023, the City received six sealed bids in response to the Notice Inviting Bids that was issued on February 21, 2023, for the subject project. The following are the results of the bidding:
Contractor
Onyx Paving Co., Inc.
Rubberized Crackfiller Sealant, Inc .
Global Road Sealing Inc.
Vance Corporation
American Asphalt South, Inc.
Road Works Inc.
Total Bid
$113,890.00
$120.825.00
$122,600.00
$164,400 :00
$166,128.00
$231,700.00
AGENDA ITEM#
15-2
DATE: April 6, 2023 Page 2 of 2
Award of Contract for Citywide Crack Sealing, CP 23-381 The bid submitted by Onyx Paving Company, Inc. was analyzed and found to be responsive.
The contractor's license status and references were evaluated and are in order.
FISCAL IMPACT:
Sufficient funds have been budgeted for the project from Measure A Local Funds and no budget adjustments are required. If the contract is awarded, work on this project will begin in late April and take approximately 45 days to complete.
Staff recommends that the City Council award the contract for the Citywide Crack Sealing CP 23-381 to the lowest responsible and responsive bidder, Onyx Paving Company, Inc. in the amount of $113,890.
ATTACHMENT(S):
1. Vicinity Map
AGENDA ITEM#
15-3
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16-1
CITY OF ~ MIRAG~
. ~ 21
STAFF REPORT
TO: Mayor and City Council DATE: April 6, 2023
FROM: Gabe Codding, Director of Marketing
SUBJECT: Two-Year Coachella Valley Symphony Partnership for Amphitheater Programming
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council authorize the City Manager and Director of Marketing to enter into a two-· year agreement with the Coachella Valley Symphony for three free performances and one ticketed event for residents and guests at the Rancho Mirage Amphitheater in an amount not to exceed $50,000 per year.
JUSTIFICATION OR INFORMATION
In 2021, the city permitted the Coachella Valley Symphony to do a Halloween show at the Rancho Mirage amphitheater where almost 800 people showed up to hear instrumental renditions of their favorite Halloween songs (Ghost Busters, Thriller, etc.) and to see the musicians dressed up in costumes. The feedback from the musicians, patrons and attendees was overwhelmingly positive.
Based upon that success, the city sponsored the CV Symphony for the 2022/2023 season for $50,000 for three free shows and one ticketed event. The CV Symphony is currently producing four shows from October 2022 through April 2023.
• October 2022 -The Halloween Music Spectacular (Free event and 800+ attendees) • January 2023 -The Best ofthe Stage and Screen (Free event and 800+ attendees) • March 2023 -John Lodge of the Moody Blues (Ticketed event and sold out with 850+ attendees)
• April 2023 -Symphony Goes to the Movies with Disney (Free event and expect 800+ attendees)
Staff is recommending a two-year contract with the CV Symphony that would allow them to produce a minimum of four shows per year at the Rancho Mirage Amphitheater. The benefit of a multi-year partnership solidifies dates, musician participation and the ability to recruit high- profile musical guests for the ticketed show. Another key benefit to this partnership is that it builds synergy with the City's youth and theater programming. Many of CV Symphony musicians are interested in being a part of the Desert Theatricals orchestra during the city sponsored Broadway musicals. The CV Symphony also has the Buddy Rogers Youth Symphony and is AGENDA ITEM#
16-2
DATE: April 6, 2023 Page 2 of 2
Two-Year Coachella Valley Symphony Partnership for Amphitheater Programming
JUSTIFICATION OR INFORMATION CONTINUED
currently exploring opportunities to collaborate with the Library and Observatory and their youth theater productions. The CV Symphony have been looking for a more permanent home base and many of their leadership and musicians are Rancho Mirage based.
Staff's recommendation is to sponsor the Coachella Valley Symphony for the next two seasons at a budget not to exceed $50,000 per year from the FY 23/24 and FY 24/25 Amphitheater Programming budget (no budget adjustment is necessary). A typical cost for a CV Symphony production is $25,000 per show, so the city would be paying roughly 50% of the cost and it would be free for three shows and for Rancho Mirage residents and attendees. CV Symphony would fund the other half of the cost through their ticketed event with a specjal high-profile musical guest and their donor base.
AGENDA ITEM#
17-1
TO:
FROM:
STAFF REPORT
Mayor and City Council
Jessica L. Pulliam, Sr. Management Analyst
Isaiah Hagerman, City Manager
SUBJECT: Turf Rebate Program Modification
SPECIFIC REQUEST OR RECOMMENDATION
DATE: April 6 1 2023
That the City Council approve an additional $500,000 budget allocation to the Turf Rebate Program, and authorize the City Manager, or designee, to take all further actions to implement the same, including approving and executing all associated agreement(s), approved as to form by the City Attorney.
JUSTIFICATION OR INFORMATION
BACKGROUND
In May of 2022, the California State Water Resources Control Board adopted a new emergency water conversation regulation to ensure a more aggressive approach to saving water, including a ban on the watering of nonfunctional turf. Regulation required water agencies to activate "Level 2" of their Water Shortage Contingency Plans, which assumes up to a 20% water shortage, which the Coachella Valley Water District (CVWD) Board of Directors adopted at their June 14, 2022, meeting. As of June 10, 2022, the state ban on watering non-functional turf went into effect and additional actions such as the prohibiting of spray irrigation during daylight hours and restaurants only serving water on request went into effect on June 14, 2022.
The CVWD has continued to encourage customers to reduce their water use, especially outdoors, where the biggest water savings can be achieved. This includes fixing leaks immediately, applying for conservation rebates such as their $3 per square foot turf conversion program, irrigating more efficiently, and eliminating water waste.
The City of Rancho Mirage has long supported the reduction of water usage and has encouraged the removal of turf and conversion to more drought tolerant landscaping through two prior Rancho Mirage Turf Rebate Programs which ran in 2011 and 2016 and then the most recent which was approved by Council on July 7, 2022. Due to high demand the City Council has approved several budget modifications to the program with the most recent allocation of .funds on March 02, 2023, which increased the Turf Rebate Program budget to a total of $3.25 million.
AGENDA ITEM#
17-2
DATE: April 06, 2023 Page 2 of 2
Turf Rebate Program Modification
JUSTIFICATION OR INFORMATION CONTINUED:
CURRENT PROGRAM
The program continues to be in high demand and staff continues to receive a high volume of calls from residents, commercial properties and HOAs interested in moving forward with submitting projects.
Staff is recommending the City Council approve a final up to $500,000 allocation to the Turf Rebate Programs for this fiscal year, which will bring the total contribution to $3.75 million. If approved, this will result in . over 100 million gallons of water saved annually. As CVWD's turf rebate program funding may run out prior to the end of this fiscal year, it is recommended that the City Manager be given authority to move funding between the CVWD partnership and the City turf rebate programs through the end of this fiscal year at which point it is recommend this program be ended and any unused budget be returned to the City's General Fund.
FISCAL IMPACT
All City turf rebate funds are funded by the City's General Fund.
RECOMMENDATION
That the City Council approve an additional $500,000 budget allocation to the Turf Rebate Program, and authorize the City Manager, or designee, to take all further actions to implement the same, including approving and executing all associated agreement(s), approved as to form by the City Attorney. ·
AGENDA ITEM#